Experience

Dismissals Lead to Favorable Settlement

Obtained the dismissal with prejudice of multiple claims brought by one financial institution against another arising out of a data breach led by fraudsters, facilitating a favorable settlement of the sole remaining claim.

$2 Million Series A Issuance for Fintech Client

Represented a financial technology company in its issuance of more than $2 million in Series A Preferred Stock. Worked with the company to integrate Series A preferences with Series Seed preferences. The company was able to fund expansion in operations.

Sale-Leaseback of 26 Retail Bank Branches to REIT

Representation of the seller and tenant in the sale-leaseback of 26 retail bank branches across Missouri to a private equity-backed real estate investment trust (REIT). The transaction the increased the client’s capital for investment in innovation and growth while mitigating risks tied to property depreciation and long-term interest rate fluctuations.

Counsel to Secured Creditor in Farming Operation Litigation and Bankruptcy

Served as lead and trial counsel to lender in federal litigation for breach of contract, fraud, and replevin and for non-dischargeability and defense of lien avoidance in subsequent bankruptcy.

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.

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.

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.

$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 to Borrower for $180 Million Credit Facility

Counsel to the borrower, an international scrap metal processor, with respect to a $180 million syndicated credit facility.

Won Dismissal of Class Action Securities Litigation Alleging Market Manipulation for Brokerage Firm

Represented a brokerage firm in class action securities litigation alleging manipulation of options market. Won motion to dismiss. Affirmed on appeal by the Third Circuit.

$300 Million Divestiture of Financial Services Company

Represented a private equity fund in a nearly $300 million divestiture of a financial services company specializing in the health care industry. This transaction involved lengthy negotiations with an NYSE-listed buyer expanding in the market, and allowed the fund to exceed its required rate of return on its investment.

$258.4 Million Bond Financing

Served as co-bond counsel in the issuance of $258.4 million of tax-exempt bonds to fund airport construction and refinance existing debt. The refinancing was expected to result in major savings over the term of the bonds.

$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.

$35 Million Sale of Bank Holding Company

Managed the $35 million sale of a bank holding company and state-chartered subsidiary bank.

Co-counsel in Bioenergy Companies' Chapter 11 Bankruptcy

Served as co-counsel to global bioenergy companies in Chapter 11 bankruptcy proceedings.

Defense of Officers, Directors in Securities Investigations

Participated in the defense of former officers and directors of publicly held government support manufacturer in securities investigations by federal and state authorities.

Enforced Arbitration Agreement for Securities Company

Successfully enforced an arbitration agreement against a current employee of a large securities brokerage company in St. Louis County Circuit Court, resulting in withdrawal of the employee’s attorney and dismissal of the employee’s claims.

Resolution of Fraud, Wrongful Termination, Other Claims

Obtained a favorable result in a jury trial in the United States District Court for the Western District of Missouri on behalf of an international corporation that had been sued by a number of former employees for fraud, wrongful termination in violation of public policy, and a number of other tort claims. After trial, the remaining claims settled for a small fraction of the settlement demand, saving the client hundreds of thousands of dollars.

Successful Resolution of Class Actions and Administrative Actions Against Lenders and Loan Servicers

Successfully resolved class actions, administrative actions and civil investigative demands brought by attorneys general and other governmental agencies against lenders and loan servicers in a variety of states including Illinois, Maryland, Massachusetts, New York and Washington.

Obtained Dismissal of Class Action Alleging Various Lending and Consumer Protection Claims

Obtained dismissal of a class action lawsuit filed in Maryland Federal Court making claims under the Federal Electronic Funds Transfer Act, Maryland Consumer Protection Act, Maryland Consumer Loan Law, Maryland Commercial Law regarding unlicensed lending, and Maryland Consumer Debt Collection Act.

Bank Acquisition by Mortgage Company

Represented the owner of a mortgage company in its purchase of a distressed community bank in the first acquisition of its kind involving a mortgage company. In order for the purchase to occur, the client had to undergo a corporate reorganization and establish a holding company to own the mortgage company and purchase the bank. As part of the transaction, we were able to gain approval from the Federal Reserve and other bank regulators to allow the client to gradually fold its mortgage operations into the bank over time.

Resolved Investigations into Investment Adviser Firm Following SEC, FINRA Actions

Obtained no-action, non-disclosable results in three states on behalf of an investment adviser firm. One East Coast and two Midwest states launched investigations into the firm and its individual representatives following U.S. Securities and Exchange Commission and FINRA actions, but Armstrong Teasdale secured closure of the investigations without further disclosures on the firm's or the individuals' records.

Successfully Resolved FINRA Matter for Regional Broker-Dealer

Defended regional broker-dealer firm in FINRA sweep related to sale of L-share variable annuities. Resolved matter with no-action and non-disclosable, non-reportable closure letter.

Resolved State Securities Investigation on Behalf of International Broker-Dealer, Banking Clients

Obtained non-disclosable Letter of Caution in state securities investigation on behalf of an international broker-dealer and banking client. The state securities regulator was pursuing a possible failure to supervise and fraud action against the client, but Armstrong Teasdale was successful in resolving the matter with a non-reportable letter of caution.

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.

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.

Favorable Settlement Agreement for Broker-Dealer in SEC Action

Negotiated favorable settlement agreement on behalf broker-dealer client with U.S. Securities and Exchange Commission, including securing a waiver of disqualification from the SEC Division of Corporate Finance.

Bank Acquisition with Complicated Regulatory Approval

Represented a banking corporation in its acquisition by a bank holding company after two prior attempts to sell the bank had failed due to regulatory issues. The transaction involved a complicated approval process that included negotiating a consent order with the Federal Reserve. Both the consent order and sale had to be approved by the Federal Reserve Board.