Our Group represents financial services and creditor clients in bankruptcy, reorganizations, receiverships, restructurings, workout and forbearance agreements, commercial foreclosures and insolvency, and bankruptcy-related litigation. We represent our creditor clients in all aspects of bankruptcy cases, including cash collateral, adequate protection, relief from stay, preference actions, 363 sales, DIP financing, and plan confirmation. Our attorneys have extensive experience enforcing our creditor clients’ state court rights and remedies, including confessing judgment, liquidating equipment and inventory, garnishing bank accounts, foreclosing on real estate, appointing and working with receivers, and assisting in the sale and assignment of loans.
Commercial Finance and Lending
We represent banking and non-banking entities, providing general advice and assistance regarding compliance matters, corporate upkeep, and the review and development of standardized loan documentation. Our attorneys provide lenders and borrowers practical, responsive, and results-driven services during the negotiation, documentation, and closing of commercial transactions. We regularly assist clients with all aspects of commercial finance transactions including acquisition financing, asset-based lending, commercial real estate lending, construction financing, factoring, finance leasing, and floor plan facilities. Our Group also prepares Delaware, New York, and other jurisdiction legal opinions that are required in connection with commercial lending, including legal existence and enforceability, authority to file bankruptcy, and non-consolidation opinions.
Consumer and Lender Liability Litigation
Cohen Seglias represents banks, mortgage lenders, debt collection companies, and debt buyers in litigation and litigation related matters, including general defense litigation, lender liability, bad faith, fraudulent conveyances, UCC claims, and bankruptcy adversary proceedings involving fraudulent conveyances, preferences, breach of fiduciary duty, and non-discharge actions.
The Group routinely defends clients in consumer protection claims and has extensive experience defending individual and class action claims alleging a variety of consumer protection laws including the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and the Truth-in-Lending Act, as well as claims alleging deceptive trade practices and invasion of privacy. Our attorneys also navigate clients through the ever-changing regulatory landscape to ensure their compliance with relevant laws and regulations and to protect our clients from prospective litigation.
Our Group assists financial services companies, including broker-dealers and investment advisors, with a wide variety of employment matters across the country in federal and state courts and arbitral forums. We represent companies in wrongful discharge, discrimination, sexual harassment, and hostile work environment matters as well as non-compete litigation. Our attorneys also help draft employment policies and procedures, negotiate and draft employment contracts, and conduct internal investigations involving employee misconduct.
We place a high premium on preventive maintenance by helping our clients establish appropriate workplace policies to avoid common employment-related problems and traps, and we provide day-to-day advice regarding all aspects of the employment relationship including reviewing personnel policies, hiring and termination decisions, and wage and hour compliance. When litigation is necessary, we assess risks and develop effective and cost-efficient strategies. Whether preparing a motion to dispose of a case before trial, attending a settlement conference, or trying a case in court, our objective is to achieve an excellent result for our clients.