Banking and Financial Services

Since 1903, Lewis Roca has been working with clients in the banking and financial services industry. We help banks, broker-dealers, insurance entities, and other financial services institutions navigate an increasingly complex business terrain. Our lawyers are well-versed in the unique overlay of regulatory issues and market dynamics that complicate business in this sector, from fluctuating interest rates to increased state insurance regulations and the globalization of financial markets.

Clients rely on our sophisticated legal counsel to anticipate challenges, address issues, and take advantage of opportunities that drive their business forward. With experience across the full spectrum of the financial industry – including more than 250 clients operating in the financial services arena – we stand ready to tackle any challenge.

Led by veteran partners Karen Witt and Paul Matteoni, our banking and financial services team is recognized by a variety of ranking publications, including Chambers USA, Benchmark Litigation, and U.S. News – Best Lawyers®. Respected as thought leaders on a variety of topics, our lawyers frequently speak before leading industry groups as well as legal and regulatory associations and committees.

Services

Lewis Roca combines deep financial industry knowledge with capabilities in related practice areas – including securities, tax, employment, real estate, environmental law, and litigation – to create comprehensive solutions. We excel at developing and implementing sophisticated financing structures in addition to facilitating all types of commercial loan transactions for both borrowers and lenders. Banks, bank holding companies, commercial finance companies, leasing companies, insurance companies, and other entities in this space value our extensive industry experience, commitment to exceptional client service, and track record of success.

Commercial and Real Estate Lending 

• Agricultural lending
• C&I lending and asset-based lines of credit
• Collections, forbearance, and restructuring
• Commercial real estate secured loans
• Commercial, consumer loans, and loan workouts
• Creditors' rights, bankruptcy, and insolvency
• Foreclosures and deeds-in-lieu
• Lender liability defense
• Letters of credit
• Loan document drafting and review
• Real estate leasing and development
• SBA lending
• Tax credit financing (LIHTC and new market)
• Tax exempt and conduit loans
• TIF/PIF financing

Corporate Finance and Securities 

• Bank holding company formations
• Branch purchases and sales
• Compliance and disclosures
• Corporate governance advice
• De novo bank formations
• FDIC transactions
• Mergers and acquisitions
• Public and private equity offerings
• Regulatory advice and applications
• Securities law compliance
• Subordinated and secured debt
• Tender offers and redemptions
• Treasury investment programs and compliance

Directors and Management Advisory Services

• Bank operations
• Corporate governance
• Director and officer education representation
• Management succession planning
• Regulatory issues guidance and defense
• Shareholder issues and agreements
• Strategic planning advice and assistance
• Troubled bank representation

Litigation and Dispute Resolution 

• Alternative dispute resolution
• Antitrust
• Banking and lending disputes
• Bankruptcy litigation
• Broker-dealer services
• Class actions
• Complex litigation
• Construction disputes
• Contracts and UCC
• E-discovery and data management
• Fraud and racketeering
• Insurance services
• Investigations and criminal litigation
• Partnership disputes
• Professional liability and discipline
• Real estate litigation
• Securities litigation
• Trade secrets, unfair competition, and non-competes
• White collar defense and investigations
  
  

Our Experience

• Commercial Bank. Represented a commercial bank in a variety of financing arrangements, including multiple loans for multiphase construction financing of construction of timeshare project in ski town, a syndicated loan for the construction of dual-branded hotel in downtown Denver, a line of credit to tax credit investor secured by tax credit revenues, a conduit financing tax-exempt bond transaction for a not-for-profit entity, a tax-exempt financing directly to a downtown development authority in Colorado, and a tax-exempt financing to a general improvement district in Denver.
• Investment Bank. Represented a joint venture in obtaining financing in the aggregate amount of $224 million from various local institutional lenders and a $515,900,000 loan facility from a Wall Street investment bank for the acquisition, rehabilitation, and conversion to condominium of 18 rental apartment complexes located throughout Florida, Arizona, and Nevada.
• Institutional Lenders. Represented leading developers and institutional lenders in financing arrangements for the acquisition, development, and renovation of projects across the United States. We represented an institutional lender that was the lead syndicator in a $186 million loan for the acquisition and construction of a luxury high-rise condominium building containing 180 condominium units and a five-star hotel. Another client seeking to acquire a private resort community in Florida and construct luxury buildings within the resort relied on our guidance to obtain a $48 million loan and $130 million in loans for the projects, respectively. We also represented an institutional lender as Nevada local counsel in a $350 million financing for the renovation of one of the luxury hotel towers in a luxury casino campus as well as the creation of an entertainment district, both located on the Las Vegas Strip. In addition, we represented an institutional lender in Arizona in a loan for the construction of a shopping center on land that was subleased by the borrower and a loan for the acquisition of an office complex in Washington where the borrower ground leased the land and owned the improvements on the land.
• Financial Institutions. Represented financial institutions investing as limited partners in, and making loans for, low-income housing tax credit transactions. Clients benefit from our experience developing collateralized financial packages involving government mortgage guarantors. In particular, investors, syndicators, developers, and lenders receive the advice they need on the effective tax structuring of low-income housing tax credit transactions.
• Medical Financing Company. Advised a financing company that facilitates medical treatment of injury victims by offering upfront financing for doctors in return for medical provider liens on tort recovery damages that are handled by lawyers who pursue the parties legally responsible for injury or their insurers. Our recent work for this client and its affiliates involved advice on medical lien financing practices and laws as well as a continuing negotiation of the loan by which the purchases of medical receivables were financed, including the exploration of alternative participating and nonparticipating lenders of receivables subject to various concentration limits and the formation of additional special purpose vehicles for this purpose. We also advised on amendments to the primary financing agreement to permit the formation of a separate special purpose entity for a certain category of receivables that the primary lender agreed could be financed by a specialty lender based on heavily negotiated conditions.
• Industrial Development. Advised on all facets of the real estate and ownership structure, venture formation, equity and debt financing, city agreements, and horizontal regime structure for an industrial development (comprising more than 4 million square feet of industrial warehouse space, with plans to develop eight buildings) located in New Jersey. Working closely with in-state counsel who represented the developer partners, we created the horizontal regime for the project, construction contracts for infrastructure (including a bridge and internal roadways and utilities) and vertical buildings, construction loans for infrastructure and vertical construction, and an amendment to the redevelopment and financial agreements with the town.
• Wealth Management Firm. Defended a wealth management firm in a matter brought in the United States District Court for the District of Arizona. The plaintiff was a wealthy Mexican national who bought two insurance policies with a face value of $4.5 million. More than a decade after purchasing the policies, the insured brought suit alleging that dual agents, our client and an insurance company, committed fraud at the time of sale by stealing premium payments and creating fraudulent insurance policies to hide the future premium payments needed to fund the two insurance policies going forward. We reached a settlement with a contribution from our client that amounted to less than 5 percent of the alleged premiums needed to fund the policies through the plaintiff’s life expectancy.
• Independent Broker-Dealers. Defended an independent broker-dealer in a matter involving complex asset protection insurance strategies. Plaintiffs filed an action against our client in superior court seeking to recover damages related to alleged twisting of insurance policies they were sold over a 10-year period. We removed the matter to FINRA arbitration and will be resolving it through settlement or arbitration.
• Life Insurance Company. Represented a life insurance company in a matter filed in Nevada that we removed to federal court. Our client rescinded an $800,000 life insurance policy after it learned that the policyholder had materially misrepresented information on his insurance application. After the policyholder died, the beneficiary sued for the insurance benefit, alleging breach of contract, insurance bad faith, and statutory violations. We moved for summary judgment on behalf of client after completing discovery, arguing that the rescission of the policy was proper under state insurance code § 687B.110. The court granted the motion, holding that the rescission met the statutory requirements and that our client did not violate claim handling statutes or commit insurance bad faith when rescinding the policy. Judgement was entered in favor of our client.