Banking & Financial Services

Primary Contact

Overview

The financial services industry has never been more complex, competitive, or highly scrutinized. Michael Best delivers the actionable advice and assistance clients need to meet today’s challenges, from the everyday to the exceptional.

Our Banking and Financial Services practice assists financial firms of all sizes. Clients include regional, national, and global institutions in a variety of sectors, from holding companies to banks, savings banks, savings and loans, credit unions, trust companies, mutual funds, and insurance companies.

 

We work in multidisciplinary teams with lawyers across the firm, drawing on the abilities and experience of our Transactional, Litigation, Labor and Employment Relations, and Intellectual Property practices.

 

Service Areas

While offering the full range of services, our Banking and Financial Services group places special focus on providing strategic solutions in the following areas:

Commercial Finance & Lending

When organizations enter into relationships with lenders and other business partners, the terms of those agreements are critical and often complex. Michael Best provides guidance for mutually beneficial relationships across the entire spectrum of finance options.

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Creditors’ Rights, Bankruptcy, Reorganization & Workouts

We have extensive experience offering counsel in situations of financial distress and potential default, representing distressed businesses as well as creditors.

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Derivatives

We advise dealers and end users on a full range of derivative products throughout the entire derivatives lifecycle, from the structuring and documenting of transactions to enforcement.

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Financial Institution Regulatory Law

We assist a broad cross-section of financial organizations in complying with the complex and changing regulations imposed by state and federal governments.

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Government Investigations

Led by former federal prosecutors, our team has extensive experience handling sensitive government and internal investigations, with a strong record of successfully resolving regulatory and criminal matters.

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Experience

  • Represented a regional financial services company on credit facilities to a large agricultural borrower for its capital needs and future operations. The transaction combined a refinance with new additional credit commitments, and included term and borrowing base revolving credit facilities. Our team provided all representation to the lender, including due diligence, drafting, negotiating, and coordinating execution of loan documents. Our work involved issues unique to production agriculture, including the impact of state agricultural liens, the federal Perishable Agricultural Commodities Act trust provisions, water rights, and hedging arrangements.
  • Represented a financial services holding company on a commercial real estate construction loan for a 400-unit apartment development with 750 parking spaces in Grandville, Michigan. We provided all representation to the lender, including drafting, negotiating, and coordinating execution of the loan documents for this new customer—the largest developer of multi-family residential properties in Western Michigan.
  • Defended a multinational banking and financial services company in a state court residential foreclosure case in which the borrower filed counterclaims for misrepresentation and violations of federal regulations governing loan modifications. At trial, after the close of the borrowers’ case, we moved to dismiss for lack of evidence. The court granted our motion and dismissed all claims against our client.
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