dcsimg Financial Services

Financial Services

McGuireWoods represents banks, bank holding companies, trust companies and other financial institutions in a full range of corporate, lending and regulatory compliance matters. We advise clients in corporate transactions such as mergers, acquisitions, joint ventures, and sales of assets and companies, as well as day-to-day matters involving intellectual property, employee benefits, and labor and employment law. Our experienced banking and finance team provides guidance on commercial and real estate loan transactions, consumer lending advice, organization of proprietary mutual funds, asset securitizations, corporate finance and securities-related transactions.

Following the recent spate of highly publicized financial and accounting scandals — and the corresponding increase in government oversight — compliance with banking and consumer finance regulations has become more important than ever. We advise clients on state and federal securities and consumer credit law compliance, and in the areas of regulatory and governmental relations, securitization of receivables, secured and unsecured product development, consumer insurance, and all other consumer credit-related areas.

In the area of consumer finance, our experienced litigators have handled individual and class action litigation arising in the context of credit cards, mortgage loans, mobile home loans and other consumer loans, both secured and unsecured, as well as consumer retail transactions involving automobiles and other consumer goods and services. McGuireWoods’ litigation experience also extends to related areas, including data privacy, debt collection, credit reporting, consumer bankruptcy and all types of commercial litigation.

With creditors’ rights and bankruptcy lawyers located in many of the firm’s offices, we represent debtors and lenders in loan workouts, bankruptcies, restructurings and related litigation across the country. In connection with problem credits, we serve as counsel to many of the primary lenders in the United States. We also have substantial experience as bankruptcy counsel to public and nonpublic companies that either file for bankruptcy relief or are considering a consensual resolution to financial issues. We frequently serve as counsel to indenture trustees and creditors committees, and have substantial depth representing clients in the acquisition of assets from companies experiencing financial difficulties.

McGuireWoods has one of the largest public finance practices in the mid-Atlantic region. The firm has represented numerous financial institutions, investment banking firms, financial advisors and underwriters in connection with tax-exempt financings. Our relationship with both regional and national financial institutions and underwriters is an important asset to our clients. Our public finance lawyers have participated in presentations by issuers to rating agencies and have assisted issuers in obtaining ratings for a wide variety of financing structures, including issues that have received the highest rating from rating agencies.

We closely monitor industry trends and regulatory developments and are active in various organizations, including the Securities Industry Association Legal and Compliance Division, National Society of Compliance Professionals, American Bar Association Litigation and Business Sections, and local bar associations. Our lawyers regularly speak at securities seminars and conferences and publish topical articles. Certain members of the practice team are FINRA- and AAA-approved arbitrators and mediators.

Results 1-20 of 103
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Fortune 200 bank

Performed research and analysis across 50 states to identify both E911 compliance and professional voice locations that need to comply with E911 legislation.
Representative Matter

Cassel Salpeter & Co.

Representation of Cassel-Salpeter as financial advisor to HF2 Financial Management in its $175 million acquisition of ZAIS Group.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in the defense of a motion for class certification of California and Washington off-the-clock claims for overtime, minimum wages and derivative statutory violations, and currently serving as lead defense counsel in this MDL proceeding that includes over 20 transferred class and collective actions.
Representative Matter

U.S. regional federal banks and national banking associations (N.A.’s)

Anonymous matter description: Successful dismissal of scores of foreclosure challenge lawsuits arising from the U.S. foreclosure crisis in both federal and state courts. Our representations in these suits helped shape the legal landscape for real estate foreclosures in the Commonwealth of Virginia.
Representative Matter

Fortune 100 financial institution

Serving as co-lead national counsel to Fortune 100 financial institution for its single-plaintiff employment litigation in Virginia, West Virginia, North Carolina, South Carolina, Pennsylvania, Ohio, Indiana, Arkansas, Oklahoma, Texas, New Mexico, Arizona and California.
Representative Matter

Fortune 100 financial institution

Defense of Fortune 100 financial institution against OFCCP allegations that the company engaged in a pattern or practice of intentional discrimination against all African-American candidates for employment in certain job groups.
Representative Matter

Fortune 200 bank

Representation of a Fortune 200 bank in connection with investigations by the United States Department of Justice and Comptroller of the Currency related to alleged violations of the Servicemembers Civil Relief Act.  Negotiated Consent Orders with both agencies and continue to assist the bank in fulfilling the associated remediation requirements under the Consent Orders.
Representative Matter

Borrowers and guarantor

Representation of the borrowers and guarantor in connection with a $40 million secured revolving credit facility to finance the trade and distribution of food products.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in connection with urgent and significant bankruptcy and foreclosure litigation across the country involving the institution's role as servicer for consumer mortgage loans.  
Representative Matter

Fortune 200 bank

Representation of a Fortune 200 bank in the defense of a class action alleging violation of state consumer finance statute and breach of contract based on same violation. Plaintiff alleges that defendant violated Maryland’s Credit Grantor Closed End Credit provisions (“CLEC”) by failing to provide borrowers with the appropriate post-repossession sale notice.
Representative Matter

Fortune 100 financial institution

Representation of Fortune 100 financial institution in a putative class action lawsuit purporting to bring claims for violation of government consent order on foreclosure process issues. Following oral argument, the judge granted a demurrer we filed on behalf of the institution, and dismissed both the third party complaint and a related counterclaim in their entirety, with prejudice.
Representative Matter

State finance authority

Representation of a state finance authority in a matter involving a lender’s attempt to release a borrower and its related corporate entity, which had filed for bankruptcy, from a guarantee for a loan in which the authority had participated. This matter, which concerned the relative rights and powers between a lender and its participant, was settled favorably and our client received over 97 percent of the repurchase calculation.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in a putative class action alleging that the language in the notices of acceleration that client used in Florida failed to comply with the requirements for initiating foreclosures set forth in Florida mortgage statutes. Plaintiff sought to apply this same theory to obtain relief on a class-wide basis under theories of breach of contract and fraud on the court, and for violations of the Florida Consumer Collection Practices Act and Florida Deceptive and Unfair Trade Practices Act. Firm persuaded the court to dismiss all of Plaintiff’s claims with leave to amend on three separate occasions.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution when a group of more than 40 plaintiffs sued the entities that originated their mortgages, seeking rescission of those mortgages. Plaintiffs advanced a novel claim challenging the sale or transfer of servicing rights premised on the argument that when they entered into their mortgages, they did not know that the servicing rights to those mortgages could be sold to other entities. Defendants pointed to the numerous documents that the plaintiffs signed during the mortgage process, which clearly indicated the servicing rights to their mortgages could be sold or transferred. The district court dismissed the claims with prejudice and without leave to amend. The plaintiffs appealed arguing that they plausibly stated a claim for rescission. The Tenth Circuit agreed and found that the plaintiffs had failed to state a plausible claim.
Representative Matter

A Fortune 100 financial services company

Representation of Fortune 100 financial services company in age and gender discrimination claims in a case where a 70-year-old female plaintiff was replaced by a person in her thirties and all decision-makers were male. Obtained summary judgment.
Representative Matter

Fortune 100 financial institution

Representative Matter

Secured Ruling in Issue of First Impression that New York Banking Law Does Not Imply a Private Right of Action

Cruz v. T.D. Bank, N.A., 22 N.Y.3d 61 (N.Y. 2013); Cruz v. T.D. Bank, N.A., 742 F.3d 520 (2d Cir. 2013); Martinez v. Capital One Bank, N.A., 863 F.Supp.2d 256 (S.D.N.Y. 2012). Represented a Fortune 200 national bank defending against a putative class action brought under New York’s Exempt Income Protection Act (EIPA) and common law for damages incurred as a result of the bank’s allegedly unlawful garnishment of the plaintiffs’ funds. After winning a ruling in the district court that EIPA does not provide a private right of action against banks, the plaintiffs appealed to the Second Circuit. The Second Circuit certified the question, an issue of first impression, to the New York Court of Appeals. The New York Court of Appeals agreed with our client that EIPA creates no general private right of action.
Representative Matter

A regional agricultural supply cooperative

Representation of a regional agricultural supply cooperative and its individual Board of Directors in a breach of fiduciary duty, ultra vires action and shareholder oppression case after the client designated that plaintiff, a member company, was a “Member Not in Good Standing” under its Base Capital Plan, thus withholding over $3.5 million in payments under patronage stock. The member company also complains that they are being refused the right to nominate candidates for the Board. The case raises interesting issues regarding Board discretion and shareholder rights, among others. We have filed a motion to dismiss and are awaiting a hearing date.
Representative Matter

Fortune 100 financial institution

Representation of Fortune 100 financial institution in obtaining summary judgment in a case claiming discrimination, interference and retaliation under the Americans with Disabilities Act, the Family and Medical Leave Act and the Texas Commission on Human Rights Act related to plaintiff's termination for poor performance.
Representative Matter

Fortune 100 financial institution

Secured dismissal of a Fortune 100 financial institution from a highly complex, high stakes litigation with national consequences for all national banks and their authority to exercise fiduciary powers.
Results 1-20 of 103
Results 1-25 of 299
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Amanda Abshire Amanda West Abshire
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2196
F: +1 704 444 8764
vCard
Kristina M Allen Kristina M. Allen
Associate
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 2164
F: +1 212 715 6262
vCard
Arthur E Anderson II Arthur E. Anderson II
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4366
F: +1 804 698 2006
vCard
Hubert André-Dumont Hubert André-Dumont
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 60
F: +32 2 629 42 22
vCard
Franklin D Annand Franklin D. Annand
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1755
F: +1 202 857 2959
vCard
A. Carter Arey A. Carter Arey
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2241
F: +1 704 444 8818
vCard
Bradley S Austin Bradley S. Austin
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8992
F: +1 704 373 8840
vCard
Ilene A Bailey Ilene A. Bailey
Counsel
7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 410 659 4449
F: +1 410 659 4478
vCard
Joel Bannister Joel Bannister
Associate
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6412
F: +1 214 932 6499
vCard
Sarah H Barcellona Sarah H. Barcellona
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2036
F: +1 704 444 8830
vCard
Evan Bayh Evan Bayh
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 828 2825
F: +1 202 828 3331
vCard
John C Beane John C. Beane
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5714
F: +1 404 443 5794
vCard
R. R. Locke Beatty R. Locke Beatty
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2244
F: +1 704 353 6160
vCard
Thomas Becket Thomas L. Becket
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8220
F: +1 310 956 3120
vCard
Marshall Beil Marshall Beil
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7004
F: +1 212 715 2319
vCard
Maurice A Bellan Maurice A. Bellan
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 202 857 2400
F: +1 202 828 2981
vCard

T:+1 410 659 4438
F: +1 410 659 4599

Larissa Bergin Larissa C. Bergin
Associate - Not Admitted in NC; Admitted in CT, DC, NY
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2397
F: +1 704 353 6178
vCard
Thomas M Beshere Thomas M. Beshere
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1004
F: +1 804 698 2193
vCard
Eric Bilik R. Eric Bilik
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 2685
F: +1 904 360 6304
vCard
Daniel F Blanks Daniel F. Blanks
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 3235
F: +1 904 360 6309
vCard
William J Boddy William J. Boddy
Associate
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1625
F: +44 20 7632 1638
vCard
J. William Boland J. William Boland
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4374
F: +1 804 698 2015
vCard
Michael Bolos Michael F. Bolos
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8883
F: +1 312 920 6156
vCard
Ryan Bonistalli Ryan E. Bonistalli
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1014
F: +1 804 698 2036
vCard
Alex J Brackett Alex J. Brackett
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4749
F: +1 804 698 2089
vCard
Results 1-8 of 8
Event

Working it Out: Current Issues in Restructuring and Insolvency

Tuesday, May 19, 2015
Complimentary Seminar and Live Presentation (Charlotte Only)
Speaking Engagement

2015 Mergers & Acquisitions Conference

February 26, 2015
Chicago, IL
Speaking Engagement

The 3rd Annual European Offshore Alert Financial Intelligence & Investigations Conference

Litigation Funding: A Look At The Industry

November 10, 2014
London
Event

Community Banking and Cyber Risk Management

Legal, Regulatory, Litigation and Insurance Issues

September 17, 2014
Chicago, IL
Speaking Engagement

The 22nd Annual Southwest Bankruptcy Conference

Financing Strategies

September 5, 2014
Las Vegas, NV
Speaking Engagement

Operations & Technology Conference

May 13-14, 2014
Charlottesville, VA
Speaking Engagement

Reform and Regulation of Derivative Transactions

American Conference Institute’s 2nd National Advanced Summit

January 14-15, 2014
Washington, DC
Results 1-8 of 8
Results 1-20 of 56
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Article

Alternative Lenders: Opportunity or Threat?

IFLR - International Financial Law Review
April 21, 2015
Legal Alert

In re: Restivo Auto Body, Inc.

4th Circuit Rules Executed but Unrecorded Security Interest Has Priority Over IRS Tax Lien

November 17, 2014
Legal Alert

Swaps End-User Update

Canadian Representation Letter Deadline Approaches

October 29, 2014
Legal Alert

Swaps End-User Update

CFTC Ownership and Control Reporting Rules

October 23, 2014
Legal Alert

CFPB Proposes New Rule Expanding Oversight to NonBank Auto Finance Companies

Subject to Inquiry
September 26, 2014
Legal Alert

Swaps End-User Update

CFTC Provides End-Users with Limited Relief from Certain Recordkeeping Requirements

June 4, 2014
Article

Keep Calm and Basel On

Capital Requirements for Community Banks

The Banking Law Journal
May 2014
Legal Alert

Swaps End-User Update

EMIR Risk Mitigation Requirements Reminder

April 28, 2014
Results 1-20 of 56