BUSINESS & FINANCIAL SERVICES GROUP

  
  

Complex business transactions and difficult financial problems demand prompt and creative solutions.  Our Business & Financial Services attorneys provide clients with insightful and pragmatic legal advice. Working closely with members of our other practice groups, Buckley King's business attorneys have represented clients ranging from Fortune companies to sole proprietors.

 

Our experience covers the spectrum of business transactional, financing, and compliance matters.  We focus this practice in three basic areas:

Harry W. Greenfield, Chair
Kevin R. Keogh, Vice-Chair
Transactions/Business Organizations and Structure:
keogh@buckleyking.com
Jeffrey C. Toole, Vice-Chair
Bankruptcy and Restructuring/Banking and Financial Services:
toole@buckleyking.com
   
  
TRANSACTIONS/BUSINESS ORGANIZATIONS AND STRUCTURE

Summary

Transactions

• Finance, lending, restructuring
• Sale or purchase of assets
• Competition topics
• Proprietary/intellectual property and confidentiality matters
• Mergers and acquisitions
• Directors and officers issues, litigation guidance
• Contract review and preparation, negotiations, agreements
• Due diligence matters, legal management, investigations, analysis, guidance
• Corporate counseling
• Special counsel functions
• Insurance and coverage

Business Organizations and Structure

• General corporate
• Corporations/limited liability companies
• Partnerships/limited liability partnerships/general and limited partnerships
• Corporate actions
• Capitalization issues
• Compliance/governance
• Director/officer/shareholder rights and duties
• Facilities, equipment, supply issues
• Corporate dissolutions
• Succession management

Overview

Business organizations routinely seek our advice and counsel for organizational, operational, financial, compliance, and transactional matters. Our varied clientele ranges from start-up enterprises, partnerships, limited liability companies, multi-national corporations, banks and other financial institutions, regional entities, middle-market entities, closely-held businesses, sole proprietorships, and individuals. These clients cover the broadest array of businesses from manufacturing, service, lending, retail, health care, non-profit, real estate development to law firms, and other professional organizations.

 

Buckley King's attorneys work to understand our clients' businesses and their strategic needs. This enables us to provide tailored legal advice to fit the specific objectives of each client.

 

In keeping with a full-service business law firm, Buckley King offers business clients legal counsel on several levels and topics. We provide daily counsel on matters relating to organization and structure, day-to-day operational matters, and negotiation and preparation of documentation for various financial transactions. We also work with clients to facilitate expansion opportunities and asset acquisitions. Examples of our services include the following:

  
BANKRUPTCY AND RESTRUCTURING

Summary

    • Creditors'/debtors' rights and remedies

      • secured party sales
      • receiverships
      • replevin, reclamation and garnishments
      • commercial foreclosures

    • Work-out/managed assets
      • forbearance arrangements
      • debt restructuring
      • assignments for benefit of creditors
    • Business reorganization
      • first-day motions
      • critical vendor issues
      • cash collateral usage
      • debtor-in-possession lending
      • adequate protection disputes
      • automatic stay/relief from stay litigation
      • executory contracts and unexpired leases
      • claim objections
      • examiners/trustees
      • plan confirmation issues
      • discharge disputes
    • Preference/avoidance litigation
    • Adversary proceedings
      • lien priorities
      • equitable subordination
      • recharacterization claims
      • injunctions
      • declaratory relief
    • Liquidations
      • judicial sales
      • liquidating/disbursement trustees
    • Lender liability
      • lender insurance
      • lender litigation/claims avoidance
    • Commercial Transactions
                 • Negotiations/documentation
                 • Legal management

Overview

Buckley King regularly serves as counsel for business debtors, secured and unsecured creditors, official creditors' committees, indenture trustees, shareholders and other equity/security holders, and prospective buyers of assets out of bankruptcy. In coordination with other disciplines at Buckley King (including real estate, labor, pension, tax, and litigation), the Bankruptcy and Restructuring Practice applies legal acumen in sophisticated business reorganizations and liquidations, debt restructurings, insolvency and receivership litigation, finance, business foreclosures, asset acquisitions, and out-of-court workouts.

 

Our experience encompasses a wide range of businesses and industries, including professional service firms, lenders, manufacturing, retail, service, hotel/motel, and transportation. We are active in various national and regional bankruptcy and insolvency organizations, and have represented or are representing clients in bankruptcy and insolvency matters throughout the United States.

Examples of our representations include the following:

  

BANKING AND FINANCIAL SERVICES

Summary
• Commercial transactions
• Loan negotiations/documentation
• Financing
• Asset-based lending
• Work-out/managed assets
• Lender group and multiple borrower situations
• Loan participation matters
• Real estate transactions
• Equipment transactions
• Leasing arrangements
• Depository financial institution issues
• Secured transactions
• Opinion letters
• Uniform Commercial Code issues

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Overview

In addition to our restructuring and business capabilities, Buckley King handles sophisticated commercial lending transactions, and assists clients in a myriad of financial services matters.

 

In commercial loan transactions, we have represented lending institutions, borrowers, and debt/equity participants. Because of this substantial experience we anticipate, understand, and resolve the issues and problems that can arise from such deals. Along with members of our Advocacy & Litigation Group, our attorneys regularly advise banks, other lending institutions, and debt/equity participants on ways to minimize the risk of potential lender liability or transactional disputes.

   

Likewise, our attorneys handle sophisticated financial services and leasing transactions on behalf of commercial equipment lessors and financiers, in a wide array of commercial settings and transaction types.

Examples of our representations include:

1400 Fifth Third Center 
600 Superior Avenue East
Cleveland, OH 44114
(216) 363-1400 10 West Broad St
Columbus, OH 43215
(614) 849-0339 201 East 5th St
Cincinnati, OH 45202
(513) 412-5400 3399 Peachtree Rd NE
Atlanta, GA 30305
(404) 816-7791 2020 North Central Avenue
Suite 1100 
Phoenix, Arizona 85004