Banking and Finance
Attorneys in the Banking and Finance Law group at Gawthrop Greenwood are, from left, Vera Parenti-Ancone, Sandra Knapp, Michael Merlie, Roger Huggins, Stephen Olsen and Ann Duke.

The Gawthrop Greenwood Banking and Finance Practice Group handles virtually all aspects of a financial institution's legal representation.

Corporate Governance

Services in this area include:

  1. private offerings;
  2. representation of the entity in light of competing board interests, including counsel on duties to shareholders;
  3. management of competing interests of directors, shareholders and management;
  4. development of compliance and legal aspects of strategic plans.

Regulatory

Our attorneys have experience in a range of regulatory matters, including:

  1. representing clients in front of the FDIC, Federal Reserve, OCC, and state banking agencies;
  2. providing counsel on all aspects of financial regulation, including corporate responsibility, safety and soundness, consumer and commercial lending, deposit products, payment systems and cash management;
  3. facilitating compliance in all areas of consumer regulation, e.g., Truth-in-Lending, RESPA, HMDA, Community Reinvestment Act, USA PATRIOT Act, and particularly the Bank Security Act.

We also counsel boards before, during and after examinations and assist them in their oversight of compliance, enforcement, and administrative procedures.

Our attorneys specifically negotiate, design and implement prescribed procedures arising from the examination process. We present innovative solutions to Community Reinvestment Act requirements, and USA PATRIOT Act compliance and counsel management on implementation.

Lending

We represent lenders in an assortment of commercial and consumer lending areas, including:

Commercial

  1. loan documentation for both asset-based loans and real estate-based loans
  2. loan documentation and regulatory compliance for construction, permanent financing and chartering (leasing) of large vessels
  3. loan workouts and collection
  4. drafting, negotiation and enhancement of participation agreements

Consumer

  1. regulatory review of consumer lending products
  2. counsel on anticipated regulation of consumer lending products and consultation on the most
    cost-effective means for compliance

Mergers and Acquisitions

Our extensive knowledge of the local banking market allows us to provide counsel on the legal aspects of mergers and acquisitions, as well as the strategic implications of transactions. We provide a conduit for buyers and sellers, and we provide due diligence on all compliance issues, particularly potentially costly issues such as BSA compliance.

Contract Review and Technology

Our attorneys have extensive experience in the structure and negotiation of contracts with vendors for highly-technical and specialized technology. Our counsel includes insuring that technology complies with banking regulation.

Employee Benefits and Executive Compensation

Gawthrop Greenwood offers a range of services in this area, including:

  1. employment agreements,
  2. change-of-control agreements,
  3. board compensation,
  4. executive compensation, and
  5. deferred compensation, restricted stock, stock options and warrants, and proper accounting and regulatory treatment.

Government Affairs

Our experience with governmental entities and strong relationships with officials at all levels of government allow us to represent our clients' interests.

Litigation

Our firm's trial lawyers are experienced and respected practitioners in a range of mediation, arbitration and litigation areas, including banking, finance and many areas of business law.