Providing legal services to clients across a number of key areas of focus in the banking and financial services sector.
Contact UsThe banking and financial services industry is ever-changing, which makes it more important than ever for law firms to have an in-depth knowledge and understanding of banking law. To effectively navigate the labyrinth of regulatory and other issues that arise in structuring a transaction, you need a law firm that provides creative, practical advice in a cost-effective manner.
As a premier commercial and banking law firm, with experience dating back to 1840, our attorneys enjoy an excellent reputation built on decades of successful representation across the banking industry, including major commercial, savings and foreign banks, national banks, regional banks, trust and finance companies, financial services providers, private equity firms, and other financial institutions and providers of financial products.
Phillips Lytle has also built a substantial practice to meet the financing needs of our business clients, ranging from Fortune 500 companies to middle market to closely held small businesses.
Our attorneys also counsel clients on new product development and corporate trust matters. We advise clients on the purchase, sale, servicing and securitization of assets; all types of loan transactions; branch and portfolio sales and acquisitions; capital market transactions; the perfection, priority and enforcement of security interests in collateral; as well as bankruptcy and creditors’ rights issues and lender liability.
Phillips Lytle attorneys have been involved in a number of major financial milestones in this country. Our attorneys were, in conjunction with Marine Midland Bank, at the forefront of establishing a credit card clearing network, now known as Mastercard. In addition, several Phillips Lytle attorneys played a major role in drafting the federal Truth in Lending Act, the Fair Credit Reporting Act and the Equal Credit Opportunity Act.
We offer a depth and perspective that very few firms can offer — perspective that we believe is largely responsible for the quality of work and high level of satisfaction that we deliver to our clients every day.
Phillips Lytle’s Banking and Financial Services attorneys provide strategic advice and regulatory compliance counseling to federal and New York State-chartered commercial banks and their affiliates, as well as other financial institutions on the full range of requirements facing today’s highly regulated financial services institutions. Our expertise includes assisting clients with cross-border transactional, regulatory, supervisory, enforcement and governance matters.
Phillips Lytle’s regulatory expertise draws upon the experience of seasoned attorneys, many of whom were formally in-house with global financial institutions and offer invaluable insights. Our client roster includes regional, national and international financial institutions looking for strategic advice on how best to navigate the complex and ever-changing regulatory environment. We assist clients on:
We collaborate with attorneys in other practice teams to ensure we are effectively meeting our clients’ business objectives.
The skilled community development attorneys on our Banking and Financial Services Team provide counsel on securing financing for the construction and rehabilitation of affordable housing projects. Our work has covered transactions for projects throughout New York State and beyond.
Learn MoreWe represent a variety of clients in transactions aimed at raising capital. We represent both issuers and banks in a wide range of securities activities. Our attorneys have experience with initial public offerings, public and private equity, debt offerings, securities exchange listings, exchange offers, tender offers, consent solicitations, convertible debt, warrants, registration rights agreements, U.S. securities laws and corporate governance issues.
We also represent the various roles a financial institution takes in capital market transactions, including as placement agents, corporate trustees, collateral agents, exchange agents and equity holders.
While capital market transactions sometimes involve complex laws governing the perfection of security interests and other liens, our attorneys are uniquely experienced in dealing with these issues.
Our Banking and Financial Services attorneys are experienced in structuring, negotiating and closing complex transactions on behalf of borrowers and lenders. We represent banking and financial services clients in a broad range of transactions including acquisition financing, asset-based lending, commercial mortgage loans, construction loans, small business loans, syndications, participations and more.
Learn MoreOur Banking and Financial Services Team has extensive experience in cross-border and trade finance matters. We provide comprehensive representation on cross-border matters that include international financing, cross-border transactions, loan workouts and enforcement, bankruptcy matters and even the creation, perfection and enforcement of real and personal property liens in the United States.
We have further experience with a host of matters pertaining to international trade. This includes transactions involving the issuance of letters of credit; the advising, confirmation or transfer of letters of credit; the utilization of shipping guarantees; the preparation and negotiation of required documents; and advice on bills of lading, bills of exchange, drafts, commercial invoices and insurance documents.
Learn MoreIn addition to our substantial experience as counsel to lenders in new loan originations, Phillips Lytle has a proven track record of success in providing sophisticated legal advice on restructuring loans that have encountered difficulty, whether the restructuring is needed prior to an insolvency proceeding or occurs in connection with an insolvency proceeding.
We have experience with all types of loan restructuring and workouts—from simple re-documentation to more complicated intercreditor arrangements, capital infusions, asset sales and liquidations. Our experience with some of the largest bankruptcies in the U.S. enables us to provide the critical advice and timely documentation typically needed in distress situations.
We have extensive experience in a broad spectrum of public finance transactions. Our attorneys have provided representation to a wide variety of state agencies, local governments, public benefit corporations, not-for-profits and private entities across New York State. Our talented team of attorneys advise clients on financing arrangements and the issuance and structuring of debt. They serve as bond counsel and disclosure counsel in addition to representing domestic and foreign letter of credit issuers, underwriters, private placement agents, corporate and not-for-profit obligors, and trustees.
Learn MoreOur Banking and Financial Services Team has years of experience representing purchasers and sellers of loans and several other financial assets. Our attorneys have experience utilizing different methods to structure the purchase and sale. And they are familiar with the various forms of purchase and sale documents used, as well as the legal issues that may arise depending on the transaction’s structure.
Syndicated loans are generally purchased and sold pursuant to documentation promulgated by The Loan Syndications and Trading Association, Inc. (LSTA) and may be purchased or sold pursuant to either par or distressed trade documentation, depending on the status of the loan. We have experience representing sellers of syndicated loans denominated in USD and certain foreign currencies to domestic and foreign purchasers.
Our attorneys also represent purchasers and sellers of non-syndicated loans and certain loan pools wherein the purchase and sale are not documented pursuant to LSTA documentation.
We also prepare, negotiate, implement and terminate servicing agreements for mortgage pools, student loans and other consumer loans, and handle transactions involving the securitization of different types of loans, including issues that may arise with restructuring or collapsing an incomplete loan securitization.
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