Banking & Financial Services
Industry experience that delivers results
The lawyers at Jeffer Mangels Butler & Mitchell LLP (JMBM) understand the business of banking, the complexities of commercial finance, and the importance of creditors' rights. More than 30 lawyers comprise JMBM's Banking & Financial Services Group and their extensive experience in corporate finance, commercial and real estate lending, litigation, restructuring and bankruptcy deliver to clients the lessons learned from thousands of financial transactions and matters, representing billions of dollars.
We serve some of the largest integrated global financial institutions, as well as domestic commercial banks and regional and local community banks. Our banking clients draw upon the diversity and depth provided by a full-service law firm.
JMBM's lawyers are familiar with banking and financial transactions in a variety of industries, including:
- Commercial real estate: retail, office, industrial, land, and mixed-use development
- Hospitality: hotels, resorts, restaurants, golf courses, timeshare properties, entertainment complexes
- Multifamily properties and residential communities
- Film and entertainment
- Agribusiness: dairies, processors, nurseries
- Motor vehicle manufacturers and distributors
- Internet and e-commerce
- Equipment leasing
- Mining, construction and building materials
- Beverage alcohol, breweries, wineries
Commercial, Corporate and Real Estate Finance
- Purchases and sales of businesses, including mergers
- Commercial and real estate secured, and securitized financing
- Asset-based lending
- Sales and purchases of loan and lease portfolios
- Construction finance
- Project finance
- Mezzanine debt
- Note sales
- Loan participations
- Preferred equity
- A/B note structures
- Counsel to directors and creditors' committees
Distressed Assets and Real Estate
JMBM's lawyers act quickly to increase cash flow and preserve the value of the distressed asset, and know how to position our clients for the best possible outcome. We have handled note acquisitions, bankruptcy sales, completion and sale of distressed condominium projects, office buildings and hotels. We have experience with a full range of loans in a restructuring, workout or bankruptcy context. JMBM's lawyers have deep experience in dealing with troubled assets when they are "special" assets.
View a list of representative distressed assets and real estate matters that we have helped our clients to resolve.
Bankruptcy, Insolvency and Restructuring
JMBM's bankruptcy attorneys are well known to the courts, counsel and experts in this tightly woven legal community. Whether a deal is in the process of being put together or is in danger of falling apart, JMBM's insolvency team is ready at a moment's notice.
- Receiverships, workouts, restructures, bankruptcy and foreclosures
- Pre-petition planning
- Buying and selling assets in bankruptcy
- Forensic investigations involving financial fraud, money laundering and embezzlement
- Preferences and fraudulent transfer actions
- Relief from automatic stay
- Judicial foreclosure sales
- Restructuring distressed real estate loans
- Out-of-court workouts: restructuring real estate loans, commercial loans and investments
- Maximizing relief in bankruptcy court:
- Buying and selling assets in Bankruptcy Court
- Intellectual property sales and licenses
- Executory contracts
- Evaluating the bankruptcy implications of business and real estate transactions
- Leases in bankruptcy
- Relief from the automatic stay
- Negotiating, preparing and confirming plans of reorganization
- Negotiating, preparing and confirming creditors' plans in Chapter 11 cases
- Cash collateral orders for debtors and creditors
- Debtor-in-possession financing for debtors and creditors
- Preference actions
- Fraudulent transfer actions
- Proofs of claim; objections to claims
- Trustees; creditors' committees; estate administrators
See the Special Assets Lawyer Blog, a resource for bankers and lenders who need to know about problem commercial and real estate loans.
When litigation is the best strategy for achieving your goal, we have a seasoned team of trial lawyers who know the ropes.
We have achieved numerous successes for clients when litigating in Federal, State and Bankruptcy Courts and in arbitrations. We specialize in defending financial institutions against class actions, but we are equally effective at prosecuting collection, receivership and foreclosure actions on behalf of financial institutions and defending actions for lender liability, mortgage fraud and consumer fraud. We are adept at analyzing large volumes of financial data and identifying critical issues. We have prosecuted or defended almost every type of action involving financial institutions including:
- Prosecution of collection actions including prejudgment remedies of attachment, possession and receiverships
- Defense of securities fraud and consumer fraud class actions, including claims for unfair competition
- Mortgage related issues including defense of allegations of fraud and negligent underwriting
- Lender liability defense
- Defense of fraud and misrepresentation actions, including inaccurate disclosure of financial information
- Protection of intellectual property rights, including trade secrets
- Defense of employment related claims for discrimination, wrongful termination, and wage and hour cases
- Environmental and land use issues in connection with REO properties
- Prosecuting and defending actions for fraudulent transfers
See the Class Action Defense Blog, a resource for up-to-date information on class action defense law.
Americans with Disabilities Act (ADA) Representation
JMBM represents the nation's leading financial institutions and regional banks in a full range of ADA compliance matters and in litigation defense, including Department of Justice investigations, architectural barrier removal, ATM machine accessibility requirements, "cyberaccessibility" concerning websites and online banking, and policies and procedures for serving disabled customers. Our ADA group has counseled many clients and defended more than 400 ADA cases in Federal and State court and Department of Justice compliance proceedings.
Real Estate and Land Use
- Purchase and sale transactions
- Leasing issues including headquarters leases, ground leases and leases in the context of a merger, company roll-outs and roll-backs
- Real estate loan foreclosure issues
- Fair market rental arbitration
- Tenant passthroughs, common area charges
- Real estate litigation
JMBM's Intellectual Property Group handles patents, trademarks, copyrights, domain names, trade dress and related licensing and litigation. Our intellectual property lawyers provide due diligence on IP assets within the context of a loan or a restructure.
Trust Administration and Litigation
JMBM's Trusts & Estates Group is one of the most active in California. We represent trustees, estate executors and administrators in both probate proceedings and trust and estate administration. We advise trustees in a wide range of matters and issues including:
- Allocation of assets among trusts
- Preparation of Form 706
- Distributions to beneficiaries
- Resolution of estate tax disputes
- Principal and Income Act
- Accountings to beneficiaries
- Modification of irrevocable trusts
- Interpretation of trust provisions
- Environmental issues
- Determining community and separate property
- Trustee removal
- Settlement of claims against trustees
- Trustee compensation
We also offer extensive expertise and experience in trust litigation and dispute resolution. Most disputes are resolved without litigation through negotiated settlements; however, when necessary, we have a formidable litigation capacity.
- Claims for breach of fiduciary duty and duty of loyalty
- Investment claims
- Beneficiary disputes, contested heirship, pretermitted and adopted heirs
- Charitable pledge disputes
- Disputed creditor claims
- Judicial construction and modification of wills and trusts
- Will and trust contests, will and trust validity
- Capacity, undue influence, elder abuse, contested powers of attorney
- Contested accountings and fraudulent transfers
- Partition actions, spousal right of election
- Wrongful death recovery
- Conservatorships and guardianship
Our labor and employment lawyers counsel employers on workplace issues with an emphasis on reductions in force, discrimination, harassment, and wage and hour disputes as well as trade secrets and unfair competition matters. We work with employers to establish policies that reduce job-related lawsuits and address problems in the workplace. When litigation is necessary, we are aggressive and effective advocates. Our team has handled hundreds of trials and arbitrations before Federal and State courts and arbitrators and routinely represent clients before the full range of administrative agencies.
Commitment to Advocacy
JMBM is at the forefront in representing banks in complex financing deals, troublesome enforcement proceedings, and critical litigation. We can help you solve your problems, take advantage of opportunities, and get your deals done right. When you need the experience that comes from thousands of deals representing billions of dollars -- and a nimble, cost-effective legal team -- please call on us.
- JMBM successfully defends a lender against a borrower/guarantor seeking to set aside guarantees and deeds of trust on real property securing commercial loans JMBM successfully defended a lender after a week-long trial against a borrower/guarantor seeking to set aside guarantees and deeds of trust on real property securing commercial loans based upon allegations of fraud and mutual mistake. The lender was represented by Joseph N. Demko and Richard A. Rogan.
- For ORIX Capital Markets, LLC: JMBM successfully confirmed a Creditor's Plan of Reorganization and defeated Debtor's Plan of Reorganization in a Chapter 11 case filed by a hotel located in the Monterey Peninsula JMBM represented ORIX Capital Markets, LLC in confirming a Creditor’s Plan of Reorganization and defeating the Debtor’s Plan of Reorganization in a Chapter 11 case filed by a hotel located in the Monterey Peninsula so that a liquidating agent could be appointed to sell the hotel at an auction sale. Robert B. Kaplan and Joseph [...]
- JMBM Distressed Dealer Task Force JMBM has drawn on its broad expertise representing motor vehicle manufacturers, secured lenders and real estate investors to create the JMBM Distressed Dealer Task Force. JMBM recognized the need for the Task Force after several partners were asked to represent clients’ financial interests that were put at risk by failing vehicle, farm implement and marine [...]
- Representative List of Distressed Assets and Real Estate Matters JMBM’s Distressed Assets and Real Estate Group comprises a team of experienced finance, real estate, bankruptcy, tax and land use lawyers. Whether it is a solution to a problem or the response to an opportunity, we mobilize quickly to address the complex issues surrounding distressed real estate and other assets. To position our clients for [...]
- JMBM assists CMR Mortgage Fund LLC in closing a nearly $100 million loan to out-of-possession debtor in a Chapter 7 bankruptcy On behalf of its client, CMR Mortgage Fund, LLC (CMR), of San Francisco, California, Jeffer, Mangels, Butler & Marmaro LLP (JMBM), a California full-service law firm with expertise in complex real estate sales, financings, work-outs, and bankruptcies, has closed a nearly $100 million loan to Halekua Development Corporation (Halekua), an out-of-possession debtor in a Chapter [...]
- Judgment upheld for Phoenix American Incorporated: JMBM achieved success in a two-week trial involving claims of successor-in-interest JMBM represented Phoenix American Incorporated in a two-week trial obtaining a declaratory judgment that it was not the successor-in-interest to an acquired company and therefore was not liable for the company’s debts; successfully defended the cross-complaint that claimed the transfer of assets from the acquired company was a fraudulent transfer and that Phoenix American Incorporated [...]
- Getting Results - JMBM closed $258 million in loans and financing for hotel and condo complex Our attorneys negotiated, documented and closed a $258 million construction loan and mezzanine financing transactions for the development and construction of a major hotel and condominium complex and related facilities in Hollywood, California.
- Getting Results - JMBM is lead land use counsel for foreclosed large community developments On behalf of the lender, JMBM is lead land use counsel involved in preserving, enhancing and protecting the land use entitlements and regulatory approvals for a number of large master planned community development projects that have gone through foreclosure.
- Getting Results - JMBM confirmed a creditor plan which transferred assets to our creditor client Recently, JMBM’s lawyers brought a timely end to a disputed loan by filing and confirming a creditor plan that resulted in transfer of the asset to our creditor client.
- Getting Results - JMBM performs ADA audits for major national and regional banks JMBM has performed system-wide ADA audits for large national banks and regional banks. We advise major lenders regarding procedures and polices for cyberaccessibility issues, and pre- and post-foreclosure accessibility compliance.
- Getting Results - JMBM managed portfolio of commercial properties for a major domestic bank For a major domestic bank, JMBM attorneys managed a portfolio of properties including leasing, CAM audits, and lease administration for commercial properties and shopping centers.
- Getting Results - JMBM successfully facilitated sale of Sheraton Hotel in receivership JMBM facilitated the sale of the Sheraton Universal Hotel to Shenzhen New World Group Co. and structured the sale so that the 20-story, 451-room hotel could be conveyed while the hotel was in receivership. All parties were involved in this industry success story, which included recovering on the debt.