Sheppard Mullin’s Commercial Lending and Financial Transactions Group is composed of attorneys who specialize in the documentation, negotiation and structuring of financial transactions. Attorneys in this group represent lenders, lessors, venture capital groups, investors and, at times, sellers, lessees and borrowers. In tandem with our insolvency and litigation attorneys, we often handle the transactional aspects of the restructuring and workout of troubled loans and the representation of creditors in bankruptcy proceedings. We also represent financial institutions in matters such as licensing, establishment of new branches, regulatory and form compliance procedures. We also provide opinions for California law issues such as usury, form compliance for federal and state consumer transactions, UCC and securitization issues.

In the past few years, our attorneys have seen a significant change in the financial and legal services marketplace, especially for attorneys structuring and documenting transactions for financial institutions. The transactions have become more complex and sophisticated. At the same time, technological innovations have substantially shortened the length of time in which transactions are expected to be documented and closed. The competitive marketplace for our clients has made legal fees and expenses a critical component in the success of our clients even getting the deal. In response to this environment, we have organized our Commercial Lending and Financial Transactions Group with a focus on experience, organization, technology and economy. We believe the combination of these four components provides superior legal services to our clients at a price and within the time limitations now expected and required in the marketplace.

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Bankruptcy and Restructuring

Lenders must deal with problem credits, manufacturers must deal with insolvent customers and suppliers and businesses of all types must structure their relationships to mitigate the consequences of a bankruptcy. Financial distress also provides acquisition opportunities for those in a position to capitalize on them. Reflecting the reality of business, the Bankruptcy and Restructuring practice of Sheppard Mullin has been a key element of the firm’s practice since its founding. We have the resources to respond to the time sensitivity of financial crises and the depth to provide whatever size team is required. And, as part of a large, broad based commercial law firm, we are able to draw on all of the resources necessary to solve the multidisciplinary problems presented by U.S. and cross-border business insolvencies, including ERISA, FCC, FDA, intellectual property, labor, mergers and acquisitions, real estate, securities and tax.

Our experience and capabilities in the various aspects of a bankruptcy practice include a variety of areas, such as:

  • Alternatives to bankruptcy
  • Bankruptcy litigation
  • Creditor committee representation
  • Creditors’ remedies
  • Debtor representation
  • Distress acquisitions
  • Equity holders
  • Indenture trustees
  • Lender liability
  • Lessors, franchisors and licensees
  • Representation of secured or unsecured creditors
  • Suppliers and customers
  • Workouts and restructurings

We represent our clients in all types of regional, national and cross-border insolvency matters, ranging in size and complexity from out of court loan workouts and financial restructurings to bankruptcy proceedings in multiple jurisdictions, creditors’ rights litigation and distressed acquisitions. Our clients span a wide ranging spectrum, including secured lenders, debtors, bank groups, ad hoc and official creditors’ committees, indenture trustees, loan servicers, equity holders, real property and equipment lessors, bankruptcy trustees and buyers.

Click here to read more about our Bankruptcy and Restructuring practice.