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Banking, Commercial, and Consumer Finance

Banking, Commercial, and Consumer Finance

Overview

Carlton Fields represents banks and other financial institutions in connection with commercial finance transactions and consumer lending litigation and regulatory matters. Our commercial finance lawyers represent many of the country’s largest and most sophisticated institutions, including national and regional banks, in the full range of commercial finance transactions, with an emphasis on commercial real estate and asset-backed financing. Our consumer finance lawyers represent banks, servicers, and other industry clients in high-stakes individual and class action consumer litigation with the goal of limiting or eliminating portfolio-level risk. We also provide regulatory and compliance advice on data security, cyber risk, and compliance with federal and state consumer financial protection laws and regulations.

Consumer Finance
Carlton Fields has extensive experience representing banks and other financial service industry clients in state, federal and bankruptcy court litigation, and arbitration. In addition to defending banks in high-stakes individual and class action consumer litigation, our lawyers counsel and advise the industry on data security, cyber risk, and compliance with federal and state consumer financial protection laws and regulations, including Consumer Financial Protection Bureau (CFPB) regulations. Learn more about our consumer finance practice.
Creditors' Rights and Bankruptcy
Our extensive insolvency, reorganization, and restructuring practice includes the representation of foreign and domestic commercial lenders, creditors’ committees, unsecured creditors, Chapter 11 and Chapter 7 trustees, court-appointed receivers, assignees, landlords, bondholders, and purchasers of assets of bankruptcy estates. We have also represented debtors in possession in several large Chapter 11 cases. Learn more about our creditors' rights and bankruptcy practice.
Distressed Asset and Workout
We provide strategies and solutions throughout all phases of problem loan resolution, including workouts, litigation, and bankruptcy proceedings. Our representation begins with a thorough review of the debt relationship, which includes an analysis of credit and litigation risk from which we develop a timely, cost-effective strategy. Learn more about our distressed asset and workout representation, and our real estate workouts and problem loan resolution practice.
Lending
Our team of commercial lending lawyers offers a multidisciplinary approach that spans the spectrum of real estate finance at all levels of the capital stack. We routinely handle a diverse range of transactions in various roles and capacities, from large, complex structured finance matters to more conservative balance sheet loans, and everything in between. We represent Wall Street investors, life companies, commercial banks, REITs, private equity funds, pension funds, conduits, master and special servicers and rating agencies in a wide range of sophisticated real estate transactions, including the negotiation, documentation, and closing of CMBS, balance sheet, mezzanine, construction, development, and other loans (participations and syndications) involving properties of all types. Learn more about our lending services.

All Insights

Is the CARES Act Caring Enough?

June 24, 2020

For the summer 2020 meeting of our Community & Development series, leaders in the banking, accounting, and legal industries discussed the initial impact of the CARES Act and the Paycheck Protection Program (PPP), the challenges and concerns associated with its implementation, and the future of potential stimulus programs.

Federal Reserve Board Expands Main Street Lending Program

June 10, 2020

Lessons Learned: Receiverships

May 14, 2020

Update on the Reserve Board's Main Street Program: Moves to Assist Larger Businesses

May 4, 2020

New Funds Available Under the Small Business PPP and EIDL Programs

April 24, 2020

Economic Impact Payments Authorized by the CARES Act Are Not Exempt From Garnishment in Florida

April 23, 2020

Federal Reserve Moves to Assist Larger Businesses

April 9, 2020

Small Business Administration Loans Summary Under the CARES Act

March 31, 2020

Big Changes for Small Business Bankruptcies

February 10, 2020

Can Doing Nothing as a Creditor Get You Sanctioned?

January 24, 2020

The U.S. Supreme Court has granted certiorari in a case that will likely have a significant impact on the availability of various creditor prepetition remedies. This client alert discusses the case and its impact on creditors in bankruptcy.

Changes to Florida Notarization Statutes Effective January 1, 2020

December 23, 2019

Florida notaries must use new certificate wording starting January 1, 2020. This client alert discusses changes to Florida’s notarization laws and their impact on Florida notaries and those involved with instruments or affidavits to be executed in Florida.

Senate Follows House Seeking to Make Cannabis Banking "S.A.F.E."

April 17, 2019

On April 11, the Secure and Fair Enforcement (SAFE) Banking Act was introduced in the Senate. This client alert describes how the Senate bill version differs from the House version introduced two weeks ago, and benefits businesses in the financial sector.

Caps Off to You: DOL Proposes Raising Salary Cap

April 1, 2019

The U.S. DOL has proposed raising the salary cap for exempt white-collar workers. Here are some tips for employers in responding to the proposed changes

Is Cannabis Banking "SAFE"? Marijuana and Its Secure and Fair Enforcement

April 1, 2019

A congressional committee recently voted to approve legislation to create protections for banks providing financial services to legitimate marijuana-related businesses.

Three Takeaways from the DOL's New Labor Condition Application Form

November 19, 2018

In California, a New Era in U.S. Privacy

October 1, 2018

In June, California passed a sweeping new privacy law that will impact an estimated 500,000 businesses in the United States.

NIST Provides Guide and Example Solution for IT Asset Management

October 1, 2018

On September 7, the National Cybersecurity Center of Excellence (NCCoE) and the National Institute of Standards and Technology (NIST) published Special Publication 1800-5 – IT Asset Management Practice Guide (the Guide) to help financial services companies tackle challenges in managing both the hardware and software components of their information technology assets.