Banking and Finance

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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 national banking associations, state banking institutions, asset-based lenders, bank holding companies, trust companies, mortgage lenders, insurance companies, mezzanine lenders, governmental entities with mortgage loan programs, and private student loan guaranty agencies.

Briggs lawyers have a wealth of experience protecting our clients in connection with all aspects of commercial finance, including structuring transactions, conducting due diligence, creating and perfecting security interests in all types of collateral, working out and restructuring problem credits, and enforcing creditors’ rights. Our financing specialties include:

  • Representing mezzanine lenders in structured transactions;
  • Representing agents in syndicated transactions;
  • Real estate financing;
  • Acquisition financing;
  • Mortgage warehouse financing;
  • Private client and high net-worth transactions;
  • Bank holding company transactions;
  • Finance of investment funds and REITS;
  • ESOP lending;
  • Floor plan lending;
  • Credit enhancement and liquidity support transactions;
  • Sports team and facility financing;
  • Represent funds engaging in the acquisition of loan portfolios of both performing and distressed assets;
  • Representing end-users and institutional swap dealers on interest rate swaps and related transactions.

Our attorneys provide advice on state and federal bank regulatory issues impacting financing and derivatives activities, including advising financial institutions on regulations of the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Reserve Board, the Commodity Futures Trading Commission and other state and federal regulatory agencies. 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, state and federal lending limit issues, and the comprehensive regulation of derivative activities under Dodd-Frank.

In addition, Briggs represents numerous financial institutions and their holding companies in connection with a variety of organizational and corporate matters, including change in control, non-banking activity notifications, applications and notifications with regulatory authorities, assisted and non-assisted takeovers, charter conversions, applications for new charters and mergers, sales and acquisitions of financial institutions and institution branches.

Lastly, 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 also have considerable experience working with distressed institutions and representing those institutions and their officers and directors in regulatory enforcement proceedings, including defending a number of civil actions brought by the RTC, the OCC, Federal Reserve Board, FDIC and U.S. Government.

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