Financial Services

Services for Businesses Seeking Financing

Despite an unprecedented economic downturn and additional banking regulations, the basic nature of business transactions has not changed. While additional regulations may complicate transactions, sophisticated financings continue to support the flow of business. The breadth of our experience provides us with an understanding and knowledge of rapidly changing market standards for various types of transactions. Accordingly, our U.S. and Latin America Financial Services attorneys are particularly well suited to advise and assist clients in the following:

• aviation finance
• commercial lending
• equipment financing and leasing
• maritime transactions, bankruptcies and workouts
• mergers and acquisitions
• public finance, including swaps and derivatives
• public-private partnerships
• real estate finance
• securitization
• structured finance
• tax credit transactions
• warehousing
• workouts, restructurings and insolvency

Services for Financial Institutions

Holland & Knight's Financial Services Team is comprised of innovative strategists, experienced litigators and transactional attorneys with practical experience and long-term dealings in the banking and brokerage arena. We understand how our clients' businesses work, are intimately familiar with the regulations and have perspective gained from years of experience. New regulations governing the financial services industry have created fundamental and unprecedented challenges relative to managing risk, achieving operational efficiency and addressing funding concerns.

Moreover, bank failures, convergence, consolidation and globalization have threatened the industry and continue to redefine it. With much at stake, banks, lenders, broker-dealers, and other financial institutions seek our experienced legal counsel to help them navigate through the new and emerging marketplace realities and manage the regulatory and operational changes. In addition to the services noted above, which reflect the potential needs of any business involved in a financing, we provide comprehensive, informed support for our bank, broker-dealer and financial institution clients in these additional areas:

• art loans
• anti-money laundering
• bank regulations
• bank failures
• SEC, FINRA and state regulations
• Foreign Corrupt Practices Act
• financial investigations
• investment management
• foreign banks and broker-dealers expanding into the U.S.
• U.S. banks, broker-dealers and wealth managers expanding outside the U.S.
• trust fund management
• data privacy and cybersecurity

Compliance Protection from Inception Through Ongoing Operation

Acknowledged as one of the first firms to organize a national practice dedicated to corporate governance issues, we work with both public and private companies in all aspects of Sarbanes-Oxley Act compliance. We help establish or refine programs, including those that address white collar crime and fraud.

Financial Services Regulations

Holland & Knight's Financial Services Regulatory Team provides consumer compliance and bank regulatory advice regarding state and federal financial services issues to banks, international agencies and branches of foreign banks, broker-dealers, registered investment advisors, mortgage banks, loan servicers, investment banks, debt collectors, retailers, auto finance companies, credit card issuers, "FinTech" industry members and money transmitters. Our Financial Services Regulatory Team also advises regulated financial institutions on federal and state regulatory issues involving prudential safety and soundness concerns, including strategic transactions, capital maintenance, affiliate transactions, permissible activities and related governance matters. Our attorneys have extensive experience with and a deep understanding of the Truth in Lending Act, Real Estate Settlement Procedures Act, Consumer Leasing Act, Fair Housing Act, Military Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Home Mortgage Disclosure Act, Bank Secrecy Act, Fair Debt Collection Practices Act, Consumer Financial Protection Act, the complex rules and regulations of the Office of Foreign Assets Control (OFAC), the Bank Holding Company Act, the Home Owners Loan Act, the Community Reinvestment Act, and other federal and state laws and regulations that govern consumer credit and bank deposits. Our team represents financial services clients in government enforcement actions and hearings, civil and criminal court matters and internal investigations.

International Financial Regulations

Holland & Knight guides financial services institutions through the legal intricacies of global operations. Our U.S. and Latin America Financial Services attorneys understand the benefits as well as the risks associated with international financial regulations. We assist clients that wish to expand their market shares by helping with structuring their international operations in a way that minimizes risks and maximizes efficiencies.

Dispute Resolution and Litigation

When legal disputes arise, Holland & Knight is a trusted partner, responsive to client needs and capable of employing creative and aggressive dispute resolution strategies to assert and protect our clients' interests. Working with members of our Litigation and Alternative Dispute Resolution teams, we assert and protect our clients' interests at the negotiating table as well as in the courtroom. Highlights in this area include:

• defending clients in investigations and enforcement actions dealing with virtually every SEC and FINRA enforcement issue
• representing clients in Department of Justice investigations
• litigating cases involving a variety of securities on behalf of brokerage firms, mutual fund companies and other financial institutions
• advising clients through complex antitrust, RICO and consumer fraud investigations and litigation
• defending financial institutions in breach of fiduciary claims

Leading Lawyers on Your Side

Holland & Knight's Financial Services practice is consistently recognized among the leaders in the industry by national and international publications. The 2024 Best Lawyers "Best Law Firms" named the Banking and Finance Litigation practice among the first tier nationally, as well as first tier locally in Birmingham, Dallas and Tampa. The firm's Banking and Finance Law practice was listed first tier nationally, as well as locally in Atlanta, Birmingham, Charlotte, Chattanooga, Dallas, Houston, Miami, Nashville and Tampa. In addition, the Banking and Finance Law practice is top-listed in The Best Lawyers in America 2024 guide and the 2023 Chambers USA – America's Leading Lawyers for Business guide.