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.

Financial Services
Results 1-20 of 113
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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

Compliance with Federal Consumer Protection Laws

Assist national bank in developing strategy, practices and team structure for audit of third-party legal collection vendors to ensure compliance with federal consumer protection laws and oversight by the OCC, CFPB and state attorneys general, and conduct all initial due diligence of the network.
Representative Matter

Telephone Consumer Protection Act (TCPA) allegations

Defeated a class certification motion on behalf of a consumer finance company related to Telephone Consumer Protection Act (TCPA) allegations in the 7th Circuit. The court ruled that the class could not be ascertained, the class definition constituted an improper “fail-safe” class, and the plaintiff failed to establish the Rule 23 requirements of commonality, predominance, adequacy, typicality and superiority. The court also held that the plaintiff did not establish numerosity, an unusual element for a court to decide in ruling against a class plaintiff.
Representative Matter

CFPB Enforcement Aaction

Defend an independent mortgage originator and servicer against a CFPB enforcement action related to joint marketing service agreements and alleged deceptive practices, RESPA, FCRA and Regulation N violations.
Representative Matter

Freeport-McMoRan Sells Stake in Largest U.S. Copper Mine

Representation of Houlihan Lokey as financial advisor to Freeport-McMoRan in its $1 billion sale of 13 percent interest in its Morenci mine to Sumitomo Metal Mining.
Representative Matter

Senior Credit Facilities Provide for Healthcare Purchase

Representation of Capital One Healthcare in its financing of RoundTable Healthcare Partners’ $140 million acquisition of Symmetry Surgical.
Representative Matter

Acquisition of a Contract Management Firm

Representation of a leading foodservice and support services company in its acquisition of a major independent contract management firm.
Representative Matter

Successful defense of Fortune 200 financial institution in breach of contract MDL

Representation of a Fortune 200 financial institution in a breach of contract multi-district litigation relating to an interest rate increase on more than 30 million of its credit card accounts. The plaintiffs alleged breach of contract, breach of the implied duty of good faith and fair dealing, unjust enrichment, violations of the Truth in Lending Act (TLA), and more. With cases filed across the country, the matter was consolidated to the Northern District of Georgia. We prevailed on summary judgment on all claims, and the 11th Circuit affirmed on appeal.
Representative Matter

Park Sterling Expands Richmond, VA Presence

Representation of Park Sterling Bank in its $87 million acquisition by merger of First Capital Bancorp.
Representative Matter

Fortune 100 Credit Facility to Sports Management Organization

Representation of major financial institution, as administrative agent, on credit facility to a organization providing sales, marketing and project management related to the sports division of a major university.
Representative Matter

Fortune 100 MLB Cash Flow Loan

Representation of Fortune 100 financial institution, as administrative agent, on acquisition loan and cash flow loan facilities to the Houston Astros.
Representative Matter

Investment in a manufacturer and distributor of laboratory equipment

Representation of a F.N.B. Capital Partners in connection with its investment in a manufacturer and distributor of laboratory equipment.
Representative Matter

Settled an alleged $225 million fraud class action in duplicitous lawyer's plans to defraud investor

Representation of a financial institution in a class action lawsuit filed by foreign investors related to an alleged $225 million fraud scheme orchestrated by an attorney who allegedly deposited the investment funds into various attorney trust accounts with bank and proceeded to use those funds to pay unrelated premium obligations or to pay out money to other investors and participants in the scheme. Plaintiffs, purporting to represent all 1,000+ investors, alleged that the bank failed to properly investigate the nature of the trust accounts, and failed to properly monitor and investigate the money movement between the accounts. After 18 months of litigation, the case settled on terms favorable for the client.
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

CFPB investigation

Representation of mortgage loan officers of a major depository institution in responding to a CFPB investigation into kickbacks between a lender and a title company in violation of RESPA.
Representative Matter

Executive confidence on the line in securities fraud case for insurance client

Representation of a financial institution in a securities fraud case in which the plaintiffs allege that the company, and specifically its CEO and CFO, made fraudulent statements about the adequacy of certain reserves. This suit attacks the viability of the business as well as the competence of executive management.
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

Novel consent arguments result in favorable class action settlement brought against auto finance company under TCPA

Favorably settled a putative class action brought under the Telephone Consumer Protection Act alleging that a leading auto finance company failed to obtain prior express consent before making automated calls to the cell phones of the references listed by the borrowers in their loan applications, raising novel issues regarding “consent by intermediary,” i.e., whether the references authorized the borrowers to provide their cell phone numbers.
Representative Matter

Fortune 100 MLB team Credit Facility

Representation of a Fortune 100 financial institution, as administrative agent, on acquisition loan and cash flow facilities to MLB team.
Representative Matter

Mortgage Loss Mitigation Practices

Defense of a major depository institution against attorney general enforcement actions regarding mortgage loss mitigation practices.
Representative Matter

Olsen Palmer

Representation of Olsen Palmer as financial advisor to (1) Clayton, HC in its $284 million sale of Clayton Bank & Trust and American City Bank to FirstBank, a wholly owned subsidiary of FB Financial Corporation; and (2) F&M Bank in its $85 million sale to F&M Bancorp.
Results 1-20 of 113
Results 1-25 of 336
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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
Arthur E Anderson II Arthur E. Anderson II
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4366
F: +1 804 698 2006
vCard
William Anderson William L. Anderson
Attorney
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 3465
F: +1 904 798 3265
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
default mcguire woods image Victoria Leigh Archer
Counsel
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7902
F: +1 412 667 7966
vCard
A. Carter Arey A. Carter Arey
Senior Counsel
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
Ali Baiardo Alicia Adornato Baiardo
Partner
Two Embarcadero Center
Suite 1300
San Francisco, CA 94111-3821

T: +1 415 844 1973
F: +1 415 844 1916
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
Partner
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
Patricia Bates Patricia L. Bates
Associate
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 2164
F: +1 212 715 6261
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
R. R. Locke Beatty 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
default mcguire woods image Carson M. Beckham
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2152
F: +1 704 444 8852
vCard
Marshall Beil Marshall Beil
Counsel
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7004
F: +1 212 715 2319
vCard
Kenneth D Bell Kenneth D. Bell
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 4620
F: +1 704 373 8836
vCard
Andy Bernardini Andrew N. Bernardini
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 4616
F: +1 704 373 8824
vCard
Raymond Berry Raymond W. Berry
Attorney
Two Embarcadero Center
Suite 1300
San Francisco, CA 94111-3821

T: +1 415 844 1978
F: +1 415 844 1922
vCard
Thomas M Beshere Thomas M. Beshere
Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1004
F: +1 804 698 2193
vCard
Lynet Bidrossian Linet Bidrossian
Attorney
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8263
F: +1 310 956 3168
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
Brittany Birch Brittany B. Birch
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8861
F: +1 704 805 5016
vCard
Results 1-13 of 13
Speaking Engagement

Swaps & Derivative Transactions

November 30 - December 1, 2016
Washington, DC
Speaking Engagement

The "Serial" Case - Social Media and the Trial of Adnan Syed

November 14, 2016
San Francisco, CA
Event

New DIP Financing Product for Community and Regional Banks

November 2, 2016
Complimentary Webinar
Event

Top 10 Estate Planning and Estate Tax Developments of 2015

January 26, 2015
Charlotte, NC
Speaking Engagement

National Advanced Summit on Swaps & Derivatives: Global Markets Regulation

June 29-30, 2015
New York, NY
Speaking Engagement

2015 Mergers & Acquisitions Conference

February 26, 2015
Chicago, IL
Event

Community Banking and Cyber Risk Management

September 17, 2014
Chicago, IL
Speaking Engagement

The 22nd Annual Southwest Bankruptcy Conference

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

January 14-15, 2014
Washington, DC
Results 1-13 of 13
Results 1-20 of 222
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Legal Alert

Brexit - UK Files for Divorce From European Union

What Should Companies Do Now to Prepare?

March 29, 2017
Legal Alert

CFPB Fails to State Case Against Payment Processor

Subject to Inquiry
March 27, 2017
Legal Alert

Senators Introduce Bill to Restructure CFPB Leadership

Subject to Inquiry
February 14, 2017
Legal Alert

Trump Signals Beginning of Efforts to Curtail Dodd-Frank

Subject to Inquiry
February 7, 2017
Legal Alert

CFPB Again Challenges Meaningful Attorney Involvement

Subject to Inquiry
January 24, 2017
Legal Alert

The Forgotten Face of Student Lending

Subject to Inquiry
January 18, 2017
Legal Alert

CFPB’s 2017 Fair Lending Priorities

Subject to Inquiry
January 10, 2017
Legal Alert

GOP Takes Aim at Dodd-Frank

Subject to Inquiry
January 10, 2017
Legal Alert

Companies Challenge CFPB’s Authority to Issue Civil Investigative Demands

Subject to Inquiry
December 16, 2016
Legal Alert

R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 5

Delaware Bankruptcy Court Sends Covenant Question to North Dakota

December 14, 2016
Legal Alert

CFPB Report Highlights Continued Focus on Mortgage Redlining

Subject to Inquiry
November 22, 2016
Legal Alert

Debt Collection Practices Under Scrutiny of CFPB and NY Attorney General

Subject to Inquiry
November 11, 2016
Legal Alert

Banking Regulators Propose Enhanced Cyber-Risk Management Standards

Password Protected
November 10, 2016
Results 1-20 of 222