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GENERAL CORPORATE COUNSELING
AND REGULATORY REPRESENTATION
Our firm represents a large number of banks, agricultural lenders, commercial
finance companies, equipment lessors, vehicle lessors and other providers
of retail and commercial financial services. The range of matters in which
we represent or advise our clients is considerable and includes:
COMMERCIAL, REAL ESTATE AND AGRICULTURAL
LENDING
We have extensive experience in the structuring, negotiation and documentation
of a variety of single-lender and multiple-lender transactions, including:
- Commercial revolving and term loans
- Asset-based loans
- Real estate acquisition, development and construction loans, including
those for residential, commercial office buildings, strip centers and
industrial parks
- Commercial real estate loans
- Flooring arrangements, especially for automobile dealers
- Letters of credit
- Agricultural loans made to growers, processors and dairy operations,
including crop production loans, vineyard and orchard development loans
and real estate loans
- Loan participations and syndications, including intercreditor agreements
- Individual loan and portfolio purchases and sales
LOAN WORKOUTS AND CREDITORS RIGHTS
We regularly represent and otherwise assist our clients in dealing with the
enforcement of their rights as to problem loans, including lender liability
matters. For example, we are often involved in:
- Pre-workout evaluation of problem loans, collateral issues, bankruptcy
considerations and possible lender liability claims
- Negotiating and documenting loan workout agreements
- Deed-in-lieu agreements and voluntary asset liquidation programs
- Representing the lead bank or agent bank in disputes regarding loan
participations and syndications
- Assisting in collateral dispositions, including trustee sales and
self-help remedies, as well as oversight or involvement in judicial and
bankruptcy proceedings
CONSUMER FINANCE
We have been involved in consumer finance matters since the inception of the
extensive regulatory environment that began with the enactment of the federal
Consumer Credit Protection Act (Truth in Lending, Truth in Leasing, Truth
in Savings, Expedited Funds Availability, Equal Credit Opportunity, Fair Credit
Reporting, Fair Debt Collection Practices, Electronic Fund Transfers, etc.)
and have actively participated on behalf of the credit industry in the legislative
and regulatory development process. This experience gives us an edge when
we advise and represent lenders and deposit-taking institutions with regard
to consumer finance products of all types, such as:
- Residential mortgage lending
- Secured and unsecured installment loans
- Auto finance and the finance of other retail products, whether extended
by a financial institution or the seller of the vehicle or other goods,
and whether on a loan or lease basis
- Revolving credit, including overdraft credit, unsecured and equity
secured lines of credit, bank credit cards and store charge cards
MONEY TRANSFERS
We have over 30 years experience dealing with the movement of money from one
place to another. Our expertise includes:
- All aspects of bank deposit products
- Non-deposit sweep accounts
- Automated Clearing House transfers
- Online and Internet-based banking and bill payment services
- Check forgery, alteration and similar matters
- Bank Secrecy Act and Office of Foreign Assets Control compliance
INTERNET AND OTHER RETAIL AND COMMERCIAL
DELIVERY SYSTEMS INVOLVING FINANCIAL SERVICES
We have assisted banks and other financial services organizations in developing
websites and other online delivery systems with respect to:
- Relationships and contracts with third party service providers
- Contracting with customers in a paperless or paper-supported manner
- Website security and privacy issues
- Development of protective disclaimers
REGULATORY COMPLIANCE
We assist business organizations in developing and maintaining systems and
procedures designed to assure their compliance with federal and California
laws and related regulations, such as:
- The “truth” laws, such as the Truth in Lending, Truth in Leasing
and Truth in Savings Acts
- Expedited Funds Availability Act
- Equal Credit Opportunity Act
- Home Mortgage Disclosure Act
- Community Reinvestment Act
- Fair Credit Reporting Act
- Fair Credit Billing Act
- Fair Debt Collection Practices Act
- Electronic Fund Transfers Act
- Real Estate Settlement Procedures Act
- Retail Installment Sales Acts
- Gramm-Leach-Bliley Act
- Bank lending limits laws
- Insider lending restrictions
- Margin credit laws
- IRS reporting rules
- Legal process
LAND USE AND REAL ESTATE DEVELOPMENT
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