Banking and Financial Services

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Miller Canfield offers complete, multi-disciplinary services to banks, funds, broker/dealers and other financial institutions. Our firm was founded to serve the banking industry, and more than 162 years later, we still take great pride in the service we provide. The banking industry has seen many changes since 1852. We’ve seen our clients through them all.

Formation and Regulatory Services

The lawyers advise global banking and financial institutions, insurance companies, investment banks and investment advisors on navigating the complex and ever-changing regulations affecting their industry, including:

  • Mergers and acquisitions, joint ventures and other capital-raising transactions
  • Regulatory counsel on compliance matters, including Regulation Z, the Community Reinvestment Act, privacy laws and other regulatory issues
  • De novo banks in several states, including secondary stock offerings
  • Comprehensive services for investment advisors from initial registration requirements and agreements to complete compliance, regulatory, general corporate and human resources services
  • Executive compensation and employee benefits
  • Securities compliance
  • Venture capital and private equity

Originations

Miller Canfield banking lawyers handle more than 2,000 loan originations each year, from simple asset-based loans to the most complex financing involving several international lenders and security located throughout the world.

We represent domestic and foreign banks, bank-holding companies, regional and community banks, thrift institutions, insurance companies, finance companies, mortgage banking companies, credit unions, investors and others.

Bankruptcy

Our Bankruptcy, Restructuring and Insolvency team regularly represents secured and unsecured creditors throughout the bankruptcy process in the U.S., Canada, Europe and Asia. We have been recognized for our ability to find creative solutions for clients’ bankruptcy issues, from litigation strategies to workouts and reorganizations.

We also have broad and extensive experience in bankruptcy litigation representing clients in fraudulent transfer and dischargability proceedings in bankruptcy courts across the country.

Securities

Our securities lawyers excel at helping clients secure the capital they need to grow and operate, using a variety of financing vehicles, including:

  • Public offerings (Initial, secondary, debt, medium-term, rights, Regulation S)
  • Private placements
  • Venture capital financing
  • Tender offers
  • A/B exchange offers
  • Issuer tenders and buy-backs
  • “Going private” transactions
  • Hostile takeovers, including targets, insurgent and “white knight” companies

Litigation

In addition to our bankruptcy litigation services, Miller Canfield also represents broker/dealers, accountants, and professionals, banks, insurance companies, issuers, financial institutions, investment advisors, and others in all types of disputes over securities offerings, investments, and transactions and the conduct of agents and registered representatives. We also handle disputes related to non-compete agreements, trade secrets, customer lists and compensation disputes for these clients.

We have handled scores of cases in the state and federal courts, before regulatory bodies such as the Securities and Exchange Commission, state regulatory agencies, and the self-regulatory organizations including the Financial Institutions Regulatory Authority (FINRA - formerly NASD), the New York Stock Exchange (NYSE), and the American Arbitration Association (AAA). Our attorneys are members of the FINRA and NYSE arbitration panels, and one of our attorneys has received special FINRA/NASD training and has served as an injunction arbitrator in intra-industry disputes.

Real Estate Finance

Our Real Estate group represents banks, institutional lenders, finance companies, insurance companies, REITs and other lenders in relation to real estate transactions throughout the world. We also have Michigan’s largest bond and tax-exempt practice. We structure and close loan transactions of all sizes and types and provide comprehensive licensing and compliance assistance to lenders.

Our experience includes: 

  • Construction finance
  • Restructuring and workouts of real estate loans, troubled or healthy
  • Enforcement of lender rights in delinquent loans
  • Resolving disputes between entities and creditors

Registered Investment Advisors

 The lawyers advise registered investment advisors on their business, regulatory, merger and acquisition, succession planning, litigation and employment matters. Our lawyers' services include the following:  

  • Formation and IARD registration services, including Form ADV
  • Protocol Counseling and representation on transition of book of business
  • Drafting compliance manuals, code of ethics, investment management agreements and privacy policies
  • Counsel on compliance matters, including Investment Advisers Act and associated regulations and rules, privacy laws and state regulatory matters
  • Mergers and acquisitions, joint ventures and succession planning
  • Solicitation agreements, IAR agreements and employment agreements
  • Restrictive covenants
  • Representation in SEC, FINRA and State Security Department regulatory investigations, enforcement actions and audits
  • Customer disputes