Banking and Finance
Briggs and Morgan represents financial institutions in commercial banking and finance transactions of all sizes in Minnesota, throughout the Midwest and nationally. We primarily represent lenders including bank holding companies, national banking associations, state banking institutions, trust companies, mortgage lenders, insurance companies, asset-based lenders, governmental entities with mortgage loan programs, and private student loan guaranty agencies. But occasionally we will represent borrowers or guarantors in the negotiation and documentation of commercial loans.
Our attorneys provide advice on state and federal bank regulatory issues, commercial and consumer lending transactions, mortgage banking, loan workouts and restructurings, and bankruptcy.
Briggs lawyers negotiate and prepare documents for all types of commercial loan transactions. We represent state and national lenders in the negotiation and documentation of commercial loans, asset based loans, and asset securitizations. We regularly close multi-million dollar loan transactions.
Briggs lawyers are experienced in the negotiation, documentation and closing of a variety of credit transactions, including acquisition and mezzanine financings, ESOP lending, floor plan and leasehold finance arrangements, asset-based lending, and issuance of letters of credit for a variety of purposes, including the issuance of tax-exempt bonds.
In the area of regulatory compliance, we have advised state and federally chartered financial institutions on a variety of regulatory issues, including the interpretation of and compliance with regulations issued by various federal and state agencies, including the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Reserve Board, and state banking regulators. In addition, Briggs represents bank holding companies in connection with change in control, non-banking activity notifications, and other applications and notifications with regulatory authorities.
Briggs has served as counsel to institutions and individuals in a number of significant civil money penalty actions, cease and desist, removal, and suspension actions brought by supervisory agencies, as well as civil money penalty actions commenced by the United States Justice Department.
We have represented clients with respect to issues involving Regulation O and other insider transactions, Truth-in-Lending, privacy issues, Sections 23A and 23B of the Federal Reserve Act, and state and federal lending limit issues.
We have also participated in defending a number of civil actions brought by the RTC, the OCC, Federal Reserve Board, FDIC and U.S. Government against officers and directors of failed institutions. We have had considerable experience working with distressed institutions and representing those institutions and their officers and directors in regulatory enforcement proceedings.
Briggs represents numerous financial institutions and their holding companies in a variety of organizational and corporate matters. Our representation has included transactions involving both assisted and non-assisted takeovers, charter conversions, applications for new charters and mergers, sales and acquisitions of financial institutions and institution branches.