Banking & Financial Services

Many of California's largest and most notable banking and financial institutions turn to Hopkins & Carley for expert counsel.

Many of California’s largest and most notable banking and financial services institutions turn to Hopkins & Carley for expert counsel.  

Deep Knowledge

With an extensive understanding of the financial industry, our attorneys skillfully handle complex matters for banks and other financial services institutions and associations, advising and defending them on a vast range of matters, disputes and claims.  

We frequently are engaged by our clients to advise them on cutting-edge transactions, sensitive regulatory issues and litigation matters, including:

  • Bankruptcy and restructuring
  • Commercial lending transactions
  • Compliance counseling to in-house legal staff
  • Corporate trust transactions and disputes
  • Employment issues
  • Mergers & acquisitions
  • Pre- and post-litigation counseling
  • Real estate matters
  • Represented a large regional bank in a series of related construction loans for mixed use project that included hotel and retail space.
  • Called upon by a large regional bank to advise on a real estate loan default of more than $17 million, and a potential bankruptcy.
  • Sold three problem construction loans valued at more than $15 million in principal on behalf of a regional bank.
  • Represented a multi-state bank with more than 700 branches selling over $100 million in commercial properties.  Properties included vacant land, office buildings, apartment buildings, retail space, industrial facilities and medical condominiums.
  • Served as primary real estate counsel to an asset management company in multi-million dollar Class A office leasing and subleasing both domestically (including in California, Florida, Utah, New York and New Jersey) and internationally in England, Poland, Australia, Canada, Turkey and South Africa.
  • Represented Bay Area investment fund in acquiring and financing over $40 million of properties throughout the United States.
  • Represented a bank involving claims by victims of a $60 million Ponzi scheme by one of the bank’s customers. We prevailed on summary procedures and demurrers in all matters, including affirmation on appeal.
  • Obtained a multi-million dollar recovery on behalf of a regional bank in a series of foreclosure and asset sales resulting from borrowers’ default on multiple loans. 
  • Represented a regional bank after a borrower defaulted on a $20 million construction loan with the project 75% complete. Negotiated short sale of project after completion and stipulation for judgment against the guarantors, enabling the client to avoid expensive litigation.
  • Obtained a defense verdict in a four-week jury trial on behalf of a financial institution sued by two individuals for alleged defamation and interference with contracts.
  • Defended a financial services company and prevailed at trial in an age discrimination and retaliation suit filed by an employee who was terminated just one day after complaining to senior management about age discrimination.
  • Represented Payment Processing, Inc, in its $420 million sale to Global Payments Inc.

Lost Lien Priority Restored

A recent case provides a reminder about the importance of title insurance in making loans secured by real property. I Read more »

Disgruntled Borrowers More Likely to Sue Lenders for Fraud as a Result of Recent California Supreme Court Decision

For the past seventy years, California Courts have held that a party is barred from claiming fraud based on an alleged oral misrepresentation that directly contradicted the express terms of a written ... Read more »

Addressing Sale Proceeds In The Face Of Guaranty "Carve-Out" Provisions

Commercial loans to closely held business entities, such as an LLC or partnership, typically include guaranties by the entity's principal. Sometimes, the guarantor demands a "carve-out" to expressly e... Read more »

Judicial Reference Provision in Loan Guaranty Held Enforceable

Many of the loan documents we draft or seek to enforce contain an alternative dispute resolution provision requiring that borrower or guarantor disputes be tried by a judicial referee appointed by the... Read more »

Guarantor's "Sham Guaranty" Defense Harder To Prove

A recent case has reaffirmed lenders' ability to require personal guarantees from principals of borrowing entities. In California Bank & Trust v. Lawlor, a California appellate court considered the e... Read more »

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