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REPRESENTING COMMERCIAL LENDERS -
LITIGATION
Commercial lenders often find themselves in litigation.
Our litigation work for commercial lenders covers the broad spectrum of litigation cases that they can become involved in, including suits against borrowers and guarantors, collateral liquidations and UCC foreclosure sales, receiverships, judicial and non-judicial foreclosure actions, defending the myriad lender liability claims that defaulting borrowers and guarantors assert against their lenders, defending preference and fraudulent conveyance actions, resisting cash collateral motions, prosecuting relief from stay actions in bankruptcy proceedings, and representing secured creditors in priority and other disputes with other creditors.
In addition, we represent a number of individuals and companies in a broad range of other litigation, including commercial contract disputes, unfair competition claims, real estate disputes, partnership and other business dissolutions, and defending class action suits and securities law claims.
Our approach in litigation is always to be tough but practical. At all times we work to keep a solid overview of what the client wants to accomplish in litigation and to find the most efficient means to reach that goal. We avoid the pattern one often sees in litigation, where the case takes on a life of its own, with the litigators on each side making moves and countermoves, without paying close attention to the overall costs in light of the benefits to be obtained.
We work hard with the client to develop clear and realistic goals, and to make frequent hard-nosed cost benefit judgments.
In litigation, as in other areas of our practice, we put a premium on creativity. We have often been successful in cases, because we developed a novel theory or approach and made it work.
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