From the Patriot Act of 2001 and the Sarbanes-Oxley Act of 2002, to the Troubled Asset Relief Program of 2008 (TARP) and the Dodd-Frank Act of 2010, the rules of the game have been radically altered for banks and other financial institutions. Dodd-Frank alone holds the promise of a host of new regulations and rulemaking for years to come that will implement fundamental changes in the environment in which our clients operate. In this era of heightened scrutiny and economic uncertainty, clients need legal counsel with the perspective and knowledge to help them chart a successful course to achieve their business objectives in a complex regulatory environment.

Our banking practice began at the dawn of the twentieth century. Since then, Hunton Andrews Kurth  has represented privately held and publicly traded money-center banks, commercial banks, community banks, thrifts, savings and loans, trusts, foreign banks, private equity funds, hedge funds, insurance companies and other financial institutions, as well as holding companies and their officers, directors and shareholders. Our banking and finance team includes a core group of lawyers focusing on the banking and finance industry, supplemented by specialists from each of the firm’s other key practices. We draw on our collective experience to provide effective legal guidance and strategic planning advice that assist our clients in balancing their business objectives against the need for sound credit and investment policy and compliance with statutes and regulatory oversight.

We provide effective counsel on a wide range of complex matters, including:

  • Financial institution transactions, including mergers, acquisitions, new-entity charters, stock repurchases and splits, proxy contests, tender offers and ownership transitions
  • Regulatory counsel, including the Bank Secrecy Act, Community Reinvestment Act, anti-money laundering, e-commerce, privacy, capital adequacy, lending limits, and a myriad of other FDIC, SEC, OCC and state banking law rules and regulations
  • Nontraditional banking and finance activities, including insurance, securities brokerage and investment advisory services
  • Commercial lending transactions and related services, including pre-transaction diligence, structuring, documentation, closing and post-closing transaction administration, including covenant compliance, extensions, restructurings, refinancings and lender liability matters
  • Distressed debt trading, troubled loan resolution and bank turnarounds, workouts and restructurings
  • Energy finance
  • Real estate finance
  • Syndicated finance
  • Swaps and other derivatives transactions

Client issues in the banking and finance area frequently involve the intersection of multiple areas of law. To provide customized legal solutions, we work regularly with lawyers from the firm’s intellectual property, energy, real estate, environmental law, tax, ERISA and other practices. When disputes arise, we draw on the extensive trial and alternative dispute resolution experience of the firm’s litigation team.

Experience

    • Represented numerous commercial banks and other lending institutions in complex loan transactions, including syndicated credit facilities; secured and unsecured, asset-based loans; real estate and project financings; leveraged acquisition; going private and recapitalization financings; cross-border financings; term loan; revolving credit and letter of credit facilities, including multicurrency tranches; and leveraged lease financings
    • Represented commercial banks, investment banks, broker-dealers and hedge funds in numerous LSTA, LMA, ISDA and other purchases and sales of domestic and international distressed and par bank debt, private equity “when issued” securities, and other securities and bankruptcy claims

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