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Banking and Financial Services For more than 40 years, we have helped banks and financial institutions navigate the increasingly complex landscape within which they operate. It’s our business, it’s our brand, and it’s why local, regional, and national banks hire us as outside counsel to handle commercial and consumer transactional, regulatory, enforcement, and litigation matters. Banking Regulatory and Compliance
We routinely provide strategic legal counsel to our banking clients concerning federal and state compliance, documentation, federal and state investigations and examinations, and related legal matters covering core banking functions and consumer finance products. From developing lending products to negotiating loan sales to chartering de novo banks, our team of seasoned attorneys are trusted advisers providing practical advice to banks large and small. We also represent banks in connection with creative partnerships and loan sale transactions with FinTech companies. Common compliance issues we handle include the creation of bank partnership models, utilization of unconventional underwriting models, 50-state licensure, and the development and implementation of innovative consumer lending products and payment mechanisms.
Commercial Lending
We routinely close all types of credit facilities in all sectors, including real estate, asset-based, commercial and industrial, maritime, and construction lending. Our experience ranges from simple term loans to complex debt and equity transactions. We represent clients, including banks, financial institutions, high net worth individuals, institutional investors, insurance companies, large and small businesses, manufacturers, mezzanine lenders, private equity groups, project finance lenders, securities firms, and venture capital companies, in the negotiation and documentation of credit facilities.
Commercial Credit Restructuring We handle complex restructuring, bankruptcy, insolvency, and creditors’ rights matters, capitalizing on the firm’s extensive financial services, transactional, and litigation experience to best serve clients. Additionally, we handle specialized and routine foreclosures, collateral recovery, bond restructurings, and lease enforcement matters for a range of clients, including banks, leasing companies, high net worth individuals, government agencies, private equity firms, financial institutions, maritime financiers, floor plan lenders, venture capital companies, and manufacturers of heavy equipment and vehicles and their captive lending arms. We guide our commercial creditor clients during all stages of the distressed loan maintenance and collection process. Public Finance
Experienced in all aspects of public finance, McGlinchey Stafford attorneys represent public entities, credit enhancers, bond insurers, and institutions. We also represent private developers, borrowers, and other beneficiaries of bond financing. In public finance transactions, our attorneys serve as bond, underwriter, credit enhancer, disclosure, borrower, issuer, and trustee counsel. We structure sound economic transactions and create innovative techniques for project financing. Recognized as national leaders in public purpose finance, we recently served as lead bond counsel in a $500-million general obligation bond offering by the State of Louisiana. Ranked by The Bond Buyer’s Municipal Marketplace, McGlinchey Stafford has issued bond counsel opinions covering more than $1.5 billion in public debt in the last year.
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Financial Services Litigation
We regularly defend banks, credit unions, and servicers nationwide against individual and class action litigation and creditors’ rights, restructuring, and bankruptcy proceedings. We efficiently represent banks and commercial lenders in lender liability, collateral enforcement, trust, and consumer protection matters. Our experience includes claims under the federal Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), Truth in Lending Act (TILA), and Uniform Commercial Code (UCC), among others.
Corporate McGlinchey Stafford attorneys counsel businesses across a wide range of industries on the formation, maintenance, and mergers and acquisitions of banks, corporations, limited liability companies, partnerships, and other forms of business associations. We also advise on general business and contractual matters. Our attorneys have substantive and procedural knowledge of financing and commercial lending, asset and stock purchases, reorganizations, and noncompetition, nonsolicitation, confidentiality, and other trade secret and restrictive covenant-type agreements. We draft, structure, negotiate, and ensure the completion of all required documentation at the state and federal levels.
Real Estate We aim to structure real estate transactions that protect clients’ interests, have integrity, and close on time. Serving as regional and national counsel, we provide comprehensive representation ranging from guidance on project tax incentives and skillful navigation of administrative and governmental procedures to property lease and sales negotiations, title insurance services, and documentation drafting. Experience leads us to anticipate probable issues from tax implications to regulatory, financial, and environmental obstacles. We regularly represent businesses and individuals on all sides of real estate-related transactions, and the firm also has a proprietary title insurance agency, MACSTAM Title Company LLC, to ensure efficiency and quality for clients. Labor and Employment
We anticipate and resolve complex issues facing employers and provide business-focused legal approaches in claim and conflict prevention, regulatory compliance, and risk reduction in litigation and workplace investigations. We frequently visit our clients’ workplaces and are on call should conflicts ignite outside of business hours. We collaborate productively with human resources teams and strategically counsel executives and management, keeping them at the forefront of emerging regulations and changing employment practices. We also advise clients on employee benefits, representing plan sponsors in their compliance with applicable laws, including the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Health Insurance Portability and Accountability Act (HIPAA). Our experience includes prohibited transaction consultation, fiduciary exposure with respect to plan investments, redesign and termination of plans for cost savings, and negotiation of third-party service provider contracts, drafting all types of qualified plans and submitting plans to the IRS for approval where applicable. We also assist with non-qualified plans, including executive deferred compensation and 457(f) plans.
Cybersecurity and Data Privacy Our multidisciplinary team employs a comprehensive approach to data privacy and network security, helping clients comply with regulatory obligations and prevent and respond to data breaches. We address the full spectrum of security concerns and always explain data privacy risks in business terms. Our experience includes retail data breaches, cybersecurity, risks of the internet of things (IoT) for manufacturers, and Federal Trade Commission (FTC) response. We also assist with mandatory documentation, breach response and remediation, litigation, and enforcement actions. We work with insurers and clients to handle customer notifications, ensuring compliance with legal requirements and coordinating responses to government agencies. Intellectual Property
From defending patent interference claims to enforcing injunctions, our IP attorneys help clients establish, extend, monetize, and defend IP assets and portfolios. We secure and defend vital patent, copyright, trademark, and trade secret rights, with hundreds of successful domestic and international patent, trademark, and copyright applications, as well as the resolution of complex IP issues and litigation, under our belt. We have significant strength in IP issues facing several industries, including the financial services, chemical, oil and gas, pharmaceutical, information technology, and mechanical equipment industries. We also routinely advise banking clients with respect to the IP aspects of their contractual negotiations, from those with vendors providing essential banking functions to software license agreements in connection with loan origination and servicing activities.
Insurance Regulatory and Compliance We represent insurance companies with licensing, market conduct, solvency, and reinsurance matters. We also represent insurance producers in licensing and market conduct matters. Our attorneys advise clients regarding compliance with applicable laws, rules, and regulations relative to their insurance activities. We have particular experience representing banks in the creation and licensing of new entities that are ultimately licensed as Louisiana insurance agencies, and with contract drafting and negotiation that those agencies enter into post-formation.
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About McGlinchey Stafford McGlinchey Stafford was founded four decades ago to provide alternatives to staid legal approaches. Instead of being bound by convention and tradition, we focus on our clients’ businesses to innovate and customize approaches to their legal challenges. We leverage technology, communication, and the unique experience of our attorneys to deliver value to our clients, always cognizant of budget realities, risk management, competitive standing, and time constraints. We are proud to provide firmwide resources to clients of various sizes and jurisdictions on matters at the local, regional, and national levels, as well as internationally. We have experience in more than 40 practice areas, including class action defense; commercial litigation; consumer financial services; insurance regulation, compliance, coverage, and litigation; intellectual property; labor and employment; products liability litigation; public finance; and real estate.
Geographic Footprint Since opening our doors in 1974 in New Orleans, the firm has expanded to 14 offices (see map below) that are strategically aligned to most effectively meet our clients’ needs. Today, our 180 attorneys serve clients from offices in Alabama, California, Florida, Louisiana, Mississippi, New York, Ohio, Tennessee, Texas, and Washington, DC. In addition, we have attorneys licensed in 24 states and the District of Columbia.
ALBANY
CLEVELAND
NEW YORK CITY WASHINGTON, DC
NASHVILLE IRVINE
BIRMINGHAM DALLAS HOUSTON
McGlinchey Stafford Office Location Attorneys Licensed to Practice in State
BATON ROUGE
JACKSON
NEW ORLEANS
JACKSONVILLE
FORT LAUDERDALE
++ Albany, NY ++ Baton Rouge, LA ++ Birmingham, AL ++ Cleveland, OH ++ Dallas, TX ++ Fort Lauderdale, FL ++ Houston, TX ++ Irvine, CA ++ Jackson, MS ++ Jacksonville, FL ++ Nashville, TN ++ New Orleans, LA ++ New York City, NY ++ Washington, DC
Honors and Accolades 40 attorneys recognized in Best Lawyers in America®
Ranked in 2018 U.S. News/Best Lawyers’ “Best Law Firms”
Leading outside counsel to 20 companies in the Fortune 500
National recognition by Chambers USA in Financial Services Regulation: Consumer Finance (Compliance & Litigation)
Recognized as a Leading Recommended Firm in financial services in BTI’s Industry Power Rankings 2017
More than 60 attorneys included in Super Lawyers and “Rising Stars” lists across the United States.
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