The lawyers in the Litigation Group have extensive experience litigating issues growing out of the Financial Institutions-Borrower relationship. In recent years, we have handled on behalf of Financier Institutions a significant number of cases involving alleged breaches of loan commitments and credit cards action, asserted both as defenses to actions brought by the Financial Institutions and as claims asserted against the Financier Institutions. We have also litigated numerous cases involving other types of liability claims. We represent Financial Institutions in various intercreditor disputes, including issues relating to the perfection and priority of security interests and the interpretation of lien or payment subordination agreements.
Our lawyer handle all forms of bankruptcy litigation, from preference and fraudulent conveyance claims, and assertions that lenders should have their claims equitably subordinated to automatic stay litigation, including issues of adequate protection and the likelihood of successful reorganization.
We also have substantial experience representing lenders in connection with attempts to recover debts outstanding under civil suits and foreclosing the security.
Client service is our mandate. Early strategic planning is our method. Our focus is to identify the right strategy from the outset, to achieve a favourable business and legal solution on a predetermined timetable and budget. In some cases, the best route to a favourable settlement follows a path through private negotiation or alternate dispute resolution. Other cases require the disciplined use of budgeted resources to achieve optimal and timely results in contested litigation. Our teams are committed to providing quick, effective response to our clients’ business and legal needs at every stage of a court action. Our goal is to achieve the best legal result, while meeting the business objectives of our clients.
Financial Institutions Remedies
· Asset-based lending
· Bills of exchange
· Fraud remedies, forgeries and fraudulent conveyance and preferences
· Guarantees and personal covenants
· Independent legal advice
· Internet and e-commerce
· Letters of credit and performance bonds
· Mortgage remedies
· Officers’ and directors’ liability
· Syndicated loan recoveries