Overview
Serving the Financial Ecosystem
Because of our deep understanding of the business and legal issues faced by sophisticated creditors, clients rely on us to provide practical and efficient solutions.
Our clients include:
- Banks, credit unions, and finance companies
- Landlords
- Leasing companies
- Manufacturers and other vendors
- Other secured and unsecured lenders, including institutional investors and high net worth individuals
- Private banking and trust operations
Comprehensive Range of Legal Services
In representing our clients in everything from ordinary course and financially troubled transactions to litigation, we offer our clients a broad and extensive range of legal services:
- Articles 3 and 4 claims and defenses, including defense of claims of forged and altered checks and negotiable instruments
- Assessing and managing risks from environmental issues as part of due diligence in lending or foreclosure decisions
- Commercial lending advice and documentation
- Construction loan documentation and enforcement
- Defense and protection of creditors in civil and bankruptcy proceedings
- Factoring and other asset-based lending advice and documentation
- Guarantees and third-party pledges
- Inter-creditor agreements, loan participations and syndications, and inter-creditor disputes
- Letter of credit transactions
- Loan assumptions and reaffirmations
- Loan sales and assignments
- Loans to technology companies, including creation and perfection of security interests in intellectual property
- Real estate lending and project finance advice and documentation
- Warrants and other equity participations
- Wire transfer fraud defense and prosecution
- Workouts, remedial actions, writs and receivers, foreclosures and other enforcement actions on behalf of secured or unsecured creditors, including actions in state, federal and bankruptcy courts
Experience
- Represented national commercial lender in a claim against borrower and other parties for recovery of diverted collateral. Obtained payment of multimillion dollar credit in full and restructured related credits through a multi-party settlement agreement.
- Represented a large regional bank in a series of related construction loans secured by deeds of trust on land to be developed as a mixed use project including a hotel and retail space.
- Represented real estate secured lender in judicial foreclosure of undeveloped real property, obtaining full payment of all principal, interest, fees and costs.
- Represented a regional bank in the sale of three problem construction loans aggregating more than $15 million in principal to an investor.
- Represented a major Bay Area municipality in the Chapter 11 filing by one of the largest terminal operators at a West Coast port.
The Clock is Ticking: Bankruptcy Orders Denying Relief from the Automatic Stay are Final and Immediately Appealable
In civil litigation, a "final decision" for purposes of appeal is normally limited to an order that resolves the entire case. Read more »
California Court Simplifies Procedure to Obtain Records to Aid Judgment Enforcement
Obtaining a civil judgment for money is often only the first step in a creditor's efforts to recover its damages. Read more »
Commercial Evictions After a Non-Judicial Foreclosure Sale: The California Supreme Court Recently Installed a Potentially Hazardous Speed Bump
Whether you are a secured lender, business owner, or an investor in distressed commercial real estate, a recent California Supreme Court decision presents a potentially costly and time-consuming trap ... Read more »
District Court Holds That Default Interest Cannot Be A Penalty Where Triggered By Maturity Default
A recent decision by the District Court for the Central District of California, however, holds that section 1671(b) does not apply to a default interest rate imposed upon maturity as a matter of law. Read more »
PG&E Files for Chapter 11 Bankruptcy; Will Its Filing Impact Your Sector?
This week, Pacific Gas & Electric ("PG&E"), the state's largest utility, filed for Chapter 11 bankruptcy protection in the Northern District of California. PG&E claims over $50 billion in assets and $... Read more »