Experience
$85 Million Cross-Border Acquisition Financing
Lead counsel to global manufacturing company on $85 million cross-border (U.S., U.K., Netherlands, Taiwan, Germany, Australia) acquisition financing.
Borrower’s Counsel on Eight-Figure Cross-Border (US-MEX) Loan to International Meat Exporter
Served as borrower’s counsel to an international meat exporter having operations in the U.S., Mexico and Colombia, on its eight-figure, cross-border, senior secured asset-based revolving credit facility.
Borrower’s Counsel on $1.9 Billion Loan to Fortune 500 Real Estate Investment Trust
Served as borrower’s counsel to a US-based Fortune 500 real estate investment trust on a $1.9 billion mortgage-secured loan.
Borrower’s Counsel on Eight-Figure Cross-Border Loan to International Manufacturer of Finishing Equipment
Served as borrower’s counsel to an international manufacturer of finishing equipment counsel on its eight-figure, cross-border, senior secured term loan and asset-based revolving credit facility.
Advised Tungsten West on Fundraising
Advised AIM-quoted mining company Tungsten West Plc on its fundraising, by way of a placing of secured Convertible Loan Notes, as well as advising on an Open Offer to qualifying shareholders, raising in aggregate approximately £7.1 million.
$50 Million+ Corporate Debt Restructuring
Advised a client in a corporate debt restructuring of more than $50 million that allowed it to part ways with the family of its deceased founder. The restructuring included a comprehensive court-approved settlement agreement involving the payoff of several debt obligations, the release of the related security agreement, the purchase and extinguishment of a warrant to purchase over 500,000 shares of common stock of the client’s holding corporation, and the release of rights under multiple purchase agreements, including a stock purchase agreement. The negotiated settlement agreement price included approximately $17 million of debt forgiveness to the client’s benefit. Also represented the client in a $2 million revolving loan and a $44 million term loan, handled employment agreements for the CEO and CFO, negotiated landlord consents on client leases in dozens of locations, and provided assurances to the lender on the client’s employee stock ownership plan.
Dismissal of $1 Million Damages Claim and Attorney Fees Award
In this interpleader action in a rural venue against a sympathetic plaintiff, represented a regional bank in defeating a counterclaim seeking over $1 million in damages by obtaining a total dismissal with prejudice in our favor, which included an attorney fees award.
Lead Counsel on Multimillion-Dollar Cross-Border Loan
Served as lead counsel to an international bank on a multimillion-dollar (U.S. and Canadian dollars), cross-border, senior secured loan.
$1.6 Billion Debt Refinancing
Represented client, a supplier of goods and services to state and federal governments, in connection with a $1.6 billion debt refinancing.
Acquisition of Online Apparel Ecommerce Business, Related IP Assets
Represented an investment firm client in the acquisition at auction of an online specialty retailer’s ecommerce business and related intellectual property assets, including trademarks and domain names, as well as merchandise and other assets. Transaction included negotiating asset purchase agreement, participating in bankruptcy negotiations, review of IP contracts, negotiating of loan document, conducting diligence of IP, as well as transition agreement for continued operation of ecommerce websites and onboarding of IP portfolio.
Counsel to National Mortgage Servicing Client Defending Alleged FCRA Violations
Served as counsel to client in defense of alleged Fair Credit Reporting Act (FCRA) violations involving assets purchased following bank failure via the FDIC.
Counsel to National Mortgage Servicer Establishing Enforcement Rights as to Successors in Interest and Post-Sale Remedies
Served as counsel to client in state court and appellate court setting case law regarding note-holder and assignee enforcement rights.
Counsel to National Mortgage Servicer Defending Consumer Protection Claims and Affirming on Appeal Second Trial Judge’s Authority to Rule Conversely on Second Summary Judgment
Served as counsel to lender/servicer in defense of multi-count counterclaim for damages in context of foreclosure action, affirmed on appeal following differing decisions by original and successor trial judge.
Purchaser’s, Lender’s Counsel for $20.8 Million Credit Facility
Served as purchaser's and lender's counsel with respect to a $20.8 million credit facility related to the acquisition and development of a 216-unit low-income multifamily housing project located in South Carolina.
Counsel for Multimillion-Dollar Commercial Real Estate Transaction
Served as borrower’s counsel issuing borrower’s opinion letters for several large commercial real estate transactions.
Representation of International Bank in Prosecution
Represented international bank in prosecution of claims related to purchase and sale of commercial mortgage-backed securities and collateralized debt obligations (CDOs).
Lender’s Counsel on $9.6 Million Equity Bridge Loan
Served as lender's counsel for a $9.6 million equity bridge loan related to the development of a 236-unit low-income housing tax credit project in Detroit, Michigan.
Counsel to Lender, Purchaser on $17.6 Million Credit Facility
Served as purchaser's and lender's counsel with respect to a $17.6 million credit facility related to the acquisition and development of a 212-unit low-income housing tax credit project located in North Carolina.
Successful PTAB Administrative Appeal
Won an administrative appeal for a global technology company before the U.S. Patent Trial and Appeal Board in a case involving a patent application that sought to protect a method of predicting a consumer’s future purchases, based on previous transaction card purchases indicating that a “life event” had recently occurred for the consumer. The United States Patent and Trademark Office had rejected the application as directed to an abstract idea under a 2014 Supreme Court case. In its decision in favor of the client, the Appeal Board held that any abstract idea was integrated into a practical application because the patent claims “improve the underlying consumer behavior prediction technology.”
Acquisition of Digital Giving Platform
Represented an information management and payment services client in the acquisition of a digital charitable giving platform, which allows users to make donations to faith-based and nonprofit organizations through multiple channels including a mobile app, donation by text, and at kiosks.
$30 Million Private Equity Financing and Formation of Specialty Brokerage
Advised a national independent enterprise risk management agency on completion of $30 million in private equity financing. In connection with the financing, advised client on formation and capitalization of a specialty brokerage and investment banking platform offering insurance solutions to public and private companies and private equity sponsors.
Acquisition of Community Bank and Formation of Bank Holding Company by Investor Group
Represented the principals of a financial planning and investment management company and other investors in the formation of a bank holding company to acquire and recapitalize a troubled community bank. This included providing counsel on forming the bank holding company, identifying the target, negotiating the acquisition, raising capital, and securing regulatory approvals.
Borrower’s Counsel on $46 Million Real Estate Loan
Served as borrower's counsel on a $46 million real estate loan secured by a 312-unit multifamily residential development.
Counsel to Consulting Firm in Toy Retailer Bankruptcy
Served as counsel to a global consulting firm in the bankruptcy proceedings of one of the world's largest toy retailers.
$80+ Million Financing for Historic Landmark Renovation
$80+ million in multiple phases of financing for renovations of a historic landmark building into an entertainment complex. The collateral for the loan involved real estate, tax increment financing (TIF) proceeds and historic tax credit proceeds.
Counsel on Movie Production Financing
Served as financier's counsel on a $35 million movie production financing.
Borrower’s Counsel on $50 Million Construction Loan
Served as borrower's counsel on a $50 million real estate construction loan.
$40 Million Financing of Apartment Community
Managed a $40 million financing of a 400-unit apartment community, which includes affordable housing aspects and a Freddie TEL.
Co-counsel to Armstrong Energy in Chapter 11 Bankruptcy
Served as co-counsel to the debtor, coal company Armstrong Energy, in its Chapter 11 bankruptcy proceedings.
Co-counsel to Retailer in Chapter 11, Post-bankruptcy Proceedings
Serving as co-counsel to a specialty footwear retailer and its related debtor affiliates in Chapter 11 restructuring and post-bankruptcy proceedings. Client is the largest specialty family footwear retailer in the Western Hemisphere with nearly 4,400 stores across more than 30 countries.
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