Servicesexpect
  • Banking & Finance Law
  • Bankruptcy & Creditors' Rights
  • Commercial Lending
  • Community Banking
  • Consumer Finance
  • Public & Project Finance
  • Cybersecurity & Data Protection
  • expectEXPERIENCE
    • Banking & Finance Law
    • Bankruptcy & Creditors' Rights
    • Commercial Lending
    • Community Banking
    • Consumer Finance
    • Cybersecurity & Data Protection
    • Public & Project Finance
    • Overview
    • Professionals
    • Results
    • Resources

    Banking & Finance Law  

    Spilman Thomas & Battle assists providers and users of financial services and products throughout the nation from our offices in West Virginia, Virginia, North Carolina and Pennsylvania.  

    Our work for financial institutions includes advice and representation in formation and development efforts, mergers and acquisitions, and holding company strategies, as well as structuring, documenting and closing transactions. Our knowledge and experience in bankruptcy law and creditor rights play a vital role in our efforts to assist lenders in restructuring troubled credits and collecting from obligors and liquidating collateral.

    Our banking and finance lawyers also provide guidance in consumer lending and liability issues, fiduciary matters, title insurance services, and tax-advantaged transactions, including tax credits and bonds for manufacturing facilities and 501(c)(3) organizations.

    Those seeking capital can find help at Spilman. We assist start-ups with equity raises, public bodies and charitable organizations with bond issues, and businesses and developers with corporate and project financings.
     

    Our Banking & Finance Legal Services

    For more information regarding our banking & finance practice, contact:
     


    Bryce J. Hunter
    540.512.1819
    bhunter@spilmanlaw.com

    Joshua L. Jarrell
    304.291.7949
    jjarrell@spilmanlaw.com

     

    Primary Contacts:


    Bryce J. Hunter
    540.512.1819
    bhunter@spilmanlaw.com

    Joshua L. Jarrell
    304.291.7949
    jjarrell@spilmanlaw.com

     

     

    Team Roster:

    Rayford K. (Trip) Adams III Debra Lee Allen Carter R. Brothers Carl H. Cather III Drew A. Cather Mark D. Clark David R. Croft K. Paul Davis F. B. Webster Day Robert J. Dobkin Travis H. Eckley Patrick R. Esposito II David P. Ferretti W. Eric Gadd William M. Herlihy Lee O. Hill Bryce J. Hunter Bruce M. Jacobs Joshua L. Jarrell Gerald E. (Gee) Lofstead III Brienne T. Marco Donald A. Nickerson, Jr. Joyce Fleming Ofsa Charles W. "C. W." Pace, Jr. Peter M. Pearl Brian H. Richardson Alison M. Sacriponte Ronald W. Schuler Joseph C. Unger Hugh B. Wellons
    Multi-Million Dollar Financing Results in Premier Space for Motorcycle Manufacturer Biotech Startup Gets $10M in Funding Agricultural Lending Institution Closes $5M+ Credit Facility Spilman Wins Summary Judgment on All Claims Against Multi-State Bank Client
    6/1/2023
     
    5/31/2023
     
    4/26/2023
     
    4/3/2023
     
    4/3/2023
     
    3/29/2023
     
    3/22/2023
     
    2/22/2023
     
    1/26/2023
     
    12/7/2022
    • Overview
    • Professionals
    • Results
    • Resources

    Lenders, borrowers, trade vendors, landlords and lessors face increasing financial risks. Many clients are surprised at the speed with which action must be taken to preserve their rights in a bankruptcy case. 

    Many of Spilman’s bankruptcy and creditors’ rights lawyers have decades of experience representing parties in cash collateral disputes, preference actions, asset purchases and sales, reclamation claims, executory contract and leasing issues, and numerous bankruptcy litigation matters, including automatic stay, equitable subordination, fraudulent transfer, and claims objections. We also counsel clients through the disclosure and plan confirmation process and, when necessary, we have represented clients through the bankruptcy appeals process in the District and Circuit Courts.
     

    Bankruptcy Litigation

    Bankruptcy litigation sounds like a paradox to many. Seasoned bankruptcy practitioners, however, understand that there are plenty of situations in bankruptcy requiring litigation experience. Examples vary. Indeed, even a contested motion for relief from the automatic stay can raise litigation issues. Other examples include pre-bankruptcy complaints to appoint a receiver, to obtain an injunction, or to set aside a fraudulent conveyance. The bankruptcy petition itself could be contentious, too, if a creditor (or group of creditors) files an involuntary petition. Then, within the bankruptcy case, it sometimes makes sense to compel the appointment of a receiver. Once the debtor moves towards confirmation of a plan or a Chapter 7 trustee moves forward with liquidation, plenty of other litigation needs arise. Avoidance actions, complaints to determine validity or priority of a lien, motions to turn over property--all fall under the category of bankruptcy litigation. In still other cases, a debtor might have significant accounts receivable to collect or business torts to pursue. These situations also warrant knowledge and experience in both litigation and bankruptcy law.

    At Spilman, our team has a unique breadth of experience that we have finely tuned into a cohesive unit able to handle even your most nuanced bankruptcy litigation needs. Whether you are a trustee, a creditor, a debtor, a liquidating trustee, a defendant in a bankruptcy adversary proceeding, or any other type of party-in-interest to a bankruptcy, we are ready to step in swiftly to handle any bankruptcy litigations needs you might have.
     

    Secured Creditors

    Problem loan workouts require knowledge of a broad spectrum of legal fields, including litigation, secured lending, real estate, fraudulent conveyances, corporate law, taxation and the Uniform Commercial Code.  While each of these areas of the law can be challenging in its own right, it becomes even more difficult when the Bankruptcy Code applies.  We take pride in bringing creative solutions to minimize financial risk in many difficult situations.

    Outside bankruptcy, we assist creditors with out-of-court workout matters. We frequently assist clients in reviewing loan documents and assist in protective action in anticipation of possible bankruptcy filings by borrowers or pledgors. We also counsel clients in negotiating and drafting forbearance agreements and in the sale of distressed loans. When necessary, we aggressively pursue state law remedies, such as collateral recovery, injunctions, attachments, replevin and detinue actions, foreclosure auctions, and secured party sales.
     

    Trade Vendors and Suppliers

    Spilman’s bankruptcy and creditors’ rights lawyers assist in protecting clients against credit risks before a customer bankruptcy filing. We deliver value to clients proactively by advising our client’s business and legal personnel regarding the adoption of credit management techniques before a customer files bankruptcy that can increase the client’s likely recovery if the customer later files bankruptcy, while also reducing the risk of liability in a preference lawsuit.

    When a bank customer files bankruptcy, it must move quickly. Creditor recoveries can decline significantly if the proper action is not taken immediately. We help clients maximize recoveries by ensuring that they aggressively and timely assert their rights, including (i) reclamation demands, (ii) section 503(b)(9) administrative claims, (iii) stoppage of delivery rights, (iv) UCC adequate assurance rights, and (v) executory contract rights, including cure claims. We also develop creative solutions aimed at maximizing recoveries while preserving future revenue when the debtor remains a viable customer.
     

    Debtors and Troubled Companies

    Spilman’s lawyers represent debtors and troubled companies in all aspects of financial reorganization both in bankruptcy court and outside of bankruptcy court. 
     

    Creditors’ Committees

    In Chapter 11 cases, creditors’ committees play an important role. Spilman’s bankruptcy lawyers have served as counsel to numerous creditors’ committees. Additionally, our lawyers have served as counsel to committee members, including the chairs of those committees. 
     

    Landlords and Equipment Lessors

    Spilman bankruptcy lawyers are experienced in all areas of representing landlords and equipment lessors in collection matters and in bankruptcy court. With the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, these creditors have increased rights relating to the assumption or rejection of leases. Experienced counsel can ensure that these rights are properly leveraged to achieve the client’s business goals. 
     

    Distressed Asset Acquisitions

    Financially distressed companies often must sell their assets at a steep discount. Both established and start-up companies with valuable new technologies often find themselves under-capitalized and in need of a buyer.  Often, with creditors at the door, these companies must seek refuge in Chapter 11 – and opportunity can abound. These cases generally move very quickly.  A purchaser may miss the full potential of such an acquisition without the benefit of a multidisciplinary legal team consisting of lawyers with experience in bankruptcy, mergers and acquisitions, labor and employmentenvironmentalintellectual property, and product liability issues, to name a few. 

    Our lawyers have extensive experience representing purchasers of “distressed assets,” and we can deploy the value of the Spilman legal model across a full range of practice areas to represent clients in acquiring assets of distressed companies, which may have great potential to increase a client’s future bottom line.

    For more information regarding our Bankruptcy & Creditors' Rights Practice Group, contact:


    Peter M. Pearl
    540.512.1832
    ppearl@spilmanlaw.com 

    Primary Contact:

    Peter M. Pearl
    540.512.1832
    ppearl@spilmanlaw.com 


    Team Roster:

    Rayford K. (Trip) Adams III Debra Lee Allen Mark D. Clark Sally E. Edison W. Eric Gadd Matthew P. Heiskell William M. Herlihy Bryce J. Hunter Bruce M. Jacobs Julian E. Neiser Peter M. Pearl Brian H. Richardson Lori D. Thompson
    Bankruptcy Court Decision Affirmed for Creditor Client
    11/3/2022
     
    5/3/2022
     
    3/3/2021
     
    5/29/2020
     
    5/28/2020
     
    5/28/2020
     
    5/28/2020
     
    5/28/2020
     
    5/21/2020
     
    5/6/2020
    • Overview
    • Professionals
    • Resources

    Our law firm has a wide range of experience representing lenders in secured and unsecured, syndicated, participated and single-bank financings, including: 
     
    • Acquisition financing
    • Asset-based lending
    • Commercial real estate lending
    • Leveraged lease transactions
    • Letter of credit transactions
    • Project financing
    • Mezzanine financing
    • First lien/second lien financings
    • Swaps and other credit-enhanced transactions
    Spilman’s commercial lending practice provides services across a wide array of industries and a variety of collateral packages. Our attorneys assist in the due diligence, negotiation and documentation of such transactions on behalf of local, regional and national financial institutions.    
     
    Our group of diverse attorneys provides an array of experiences and backgrounds, including work as in-house counsel. We hope to use that experience and know-how to provide responsive, effective representation of clients in loan transactions.

    For additional information about Spilman's commercial lending services, please contact:

     

    Bryce J. Hunter
    540.512.1819
    bhunter@spilmanlaw.com

    Joshua L. Jarrell
    304.291.7949
    jjarrell@spilmanlaw.com

    Primary Contacts:

    Bryce J. Hunter
    540.512.1819
    bhunter@spilmanlaw.com

    Joshua L. Jarrell
    304.291.7949
    jjarrell@spilmanlaw.com

     

    Team Roster:

    Mark D. Clark F. B. Webster Day Robert J. Dobkin W. Eric Gadd Bryce J. Hunter Joshua L. Jarrell Charles W. "C. W." Pace, Jr. Hugh B. Wellons
    11/3/2022
     
    11/1/2019
     
    11/1/2018
     
    5/3/2018
     
    11/3/2014
    • Overview
    • Professionals
    • Resources

    Community Banking Law

    Spilman Thomas & Battle serves clients in the community banking industry across the spectrum of their legal needs. From law offices in North CarolinaVirginia, West Virginia, and Pennsylvania, our community banking attorneys collaborate with clients on a multitude of issues spanning the business environment, advising and representing them in matters such as:
       

    Our Community Banking Legal Services 

     

    Spilman's community banking attorneys are immersed in the industry, helping clients understand and appreciate the unique challenges and opportunities facing community and super-community banks. We serve as outside general counsel or as an extension of a client’s in-house legal department through prompt, knowledgeable assistance on a wide array of legal and banking issues. We also regularly provide opportunities for updates and education on legal and banking issues through such means as timely and informative seminars, webinars and e-newsletters. Finally, as part of our commitment to offer clients maximum value, we offer both traditional and alternative billing arrangements for our services.  

    Whether you need legal representation or general business advice, Spilman’s seasoned community banking lawyers are well-equipped to assist and would welcome the opportunity to do so.

    For more information regarding our community banking practice, please contact:


    Bryce J. Hunter
    540.512.1819
    bhunter@spilmanlaw.com

     

    Primary Contact:

    Bryce J. Hunter
    540.512.1819
    bhunter@spilmanlaw.com



     

    Team Roster:

    Bryce J. Hunter Hugh B. Wellons
    9/13/2021
     
    3/3/2016
     
    3/3/2016
     
    3/1/2016
     
    3/1/2016
     
    3/1/2016
     
    12/30/2015
     
    12/30/2015
     
    12/30/2015
     
    12/30/2015
    • Overview
    • Professionals
    • Results
    • Resources

    Consumer Finance Law

    Spilman has defended hundreds of individual and class-action lawsuits regarding alleged violations of federal and state consumer protection statutes, including the West Virginia Consumer Credit and Protection Act, the Federal Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Truth-in-Lending Act and Regulation Z.

    Our clients include national banks, federally chartered and insured financial institutions, state banking corporations, hospitals, professional debt collectors, other law firms, cable operators, check warranty companies, insurance companies, satellite operators, retail stores, mortgage brokers and loan servicers. We have also represented clients in investigations by state and federal regulators such as the Federal Reserve Board and several state attorney general offices.
     

    Consumer Finance Litigation


    Our consumer finance legal experiences extend well beyond the boundaries of West Virginia. Spilman's consumer finance lawyers have been lead counsel and have managed consumer protection cases in Kentucky, North Carolina, Ohio, Pennsylvania and Virginia. We have also assisted clients in matters pending in several other jurisdictions, including several nationwide cases, and have counseled clients on compliance with federal lending, credit reporting, debt collection and privacy laws in their nationwide operations. As a result of our legal experience, several lawyers are frequent speakers in national continuing legal education seminars regarding consumer finance litigation and class actions.

    Our Consumer Finance Practice Group is organized to meet not only your litigation needs, but every aspect of your business. The practice group consists of more than 40 consumer finance lawyers with the experience in consumer protection laws to provide compliance counseling, government relations, litigation defense and client support services, such as debt collection.

    To learn more, please contact the Consumer Finance Litigation Practice Group:

    Bruce M. Jacobs
    304.340.3863
    bjacobs@spilmanlaw.com

     

    Primary Contact:

    Bruce M. Jacobs
    304.340.3863
    bjacobs@spilmanlaw.com

     

    Team Roster:

    Debra Lee Allen James S. Crockett Jr. Lee D. Denton Carrie H. Grundmann Matthew P. Heiskell Bryce J. Hunter Bruce M. Jacobs Kelly J. Kimble Tai Shadrick Kluemper Neva G. Lusk Alexander Macia Nicholas P. Mooney II Jeffrey D. Patton Lori D. Thompson Gerald M. Titus III Alexander L. Turner, CIPP/US
    Summary Judgment Granted in Class Action Against Spilman Client Consumer Finance Matter Settled for 1/5 of Demand WV Supreme Court Affirms Dismissal of Collateral Attack on Foreign Judgment Spilman Gets Summary Judgment in One of the First Reverse Mortgage Cases in WV Spilman Appellate Win Important for Defense Against Future WVCCPA Claims
    6/7/2023
     
    12/20/2022
     
    12/14/2022
     
    11/9/2022
     
    11/3/2022
     
    10/12/2022
     
    9/14/2022
     
    8/10/2022
     
    7/13/2022
     
    6/8/2022
    • Overview
    • Professionals
    • Resources

    Cybersecurity and data protection runs the full gamut of legal services, from compliance to proactive planning to strategic action plans to litigation. Spilman's cybersecurity team is drawn from a variety of practice groups to provide a holistic approach to working with your organization to protect its data. Our lawyers know your industry, and we partner with our clients to create a data security plan tailored to your organization's specific needs and situation. Our cybersecurity team has advised organizations across industry sectors, including clients in the healthcare, financial, and education industries, on how to navigate the ever-changing cybersecurity environment. We work with clients to address a broad range of issues related to cybersecurity incidents and have been called upon to assist with every phase of data breach management, from preparedness and prevention to mitigation and resolution. This ranges from advising clients on employee training on cybersecurity, responding to a lost device that contains sensitive data, responding to a compromising data breach, and defending against government inquiries and civil litigation resulting from a cyberattack.
     
    Preparedness is the key to protecting against bad actors focused on compromising your organization's computer network and data. This risk mitigation includes preparing robust policies and procedures to guard against cyberattacks, performing cybersecurity audits to identify and patch vulnerabilities in your network and processes, and developing privacy policies and notices for your organization's stakeholder data. We also can assist your organization with governmental compliance and response to avoid future government action. Spilman also coordinates with your organization's CISO and IT specialists to advise senior executives and board members about cyber threats and solutions that will protect your network and data, and lower your organization's liability and the personal liability of senior executives and board members in the event of a data breach. With these services, we partner with our clients to minimize the risk of a future cyberattack and data breach.
     
    Because cyber threats are ever evolving, even with a well-established culture focused on cybersecurity, cyberattacks and data breaches can still occur. In the unfortunate event of a data breach, a prompt and robust response to a cyberattack can restore customer confidence and protect against further reputational damage. Spilman's cybersecurity and data protection team is ready to respond quickly in the event your organization experiences a cyberattack. This response includes:

    • directing forensic investigations
    • analyzing legal requirements under state, federal and international laws
    • preparing regulatory and individual notifications
    • managing investigations and enforcement actions
    • handling discussions with payment card issuers
    • and developing board, business partner, public relations, call center and investor relations communications.  
    In the event that the cyberattack results in civil litigation, our litigation team is experienced with defending complex litigation and class actions in state and federal court, and against possible governmental enforcement actions. By providing privacy advice, conducting internal investigations into the causes of the attack and breach, and coordinating with government agencies and regulators, Spilman assists your organization to emerge from this crisis in the strongest position possible. After the smoke clears, Spilman will be there to work closely with your team to conduct a postmortem and implement better policies and procedures from the lessons learned as a result of the cyberattack.
     
    Spilman's cybersecurity and data protection team stays up-to-date with the ever-changing legal trends and decisions surrounding cybersecurity. Sign up for Spilman's bi-weekly technology e-newsletter, Decoded, in which we discuss the latest cybersecurity and data breach issues and cases.

    For more information about our cybersecurity and data breach practice, contact:
     
    Nicholas P. Mooney  
    304.340.3860       
    nmooney@spilmanlaw.com

    Alexander L. Turner
    336.955.8352
    aturner@spilmanlaw.com
     

    Primary Contacts:

    Nicholas P. Mooney  
    304.340.3860       
    nmooney@spilmanlaw.com

    Alexander L. Turner
    336.955.8352
    aturner@spilmanlaw.com
     

    Team Roster:

    Michael J. Basile David P. Ferretti Brandon M. Hartman Bruce M. Jacobs Erin Jones Adams Nicholas P. Mooney II Brian H. Richardson Shane P. Riley Alison M. Sacriponte Alexander L. Turner, CIPP/US Kelsie A. Wiltse
    4/25/2023
     
    10/31/2022
     
    10/13/2022
     
    10/12/2022
     
    10/10/2022
     
    8/3/2022
     
    6/22/2022
     
    6/9/2022
     
    6/9/2022
     
    5/26/2022
    • Overview
    • Professionals
    • Resources

    Getting Deals Done

    At Spilman, we thrive on complex, innovative financings--the bigger the challenge, the more driven we are to tackle it. In fact, our team has been involved in some of the most creative financings in the state of West Virginia, including large health care financings, a number of significant tax increment financings and the first financing utilizing municipal sales tax revenues in West Virginia. Our team strives to always respond quickly and effectively to develop creative solutions to allow our clients to achieve their project objectives. Lawyers on our team regularly serve as bond counsel, disclosure counsel, issuer’s counsel, underwriter’s counsel and developer’s counsel.

    Our attorneys have led and participated in transactions for a wide variety of tax-exempt and taxable financings of public and private projects, including, but not limited to, the following:
    • Health care facilities
    • Recreational facilities
    • Higher education facilities
    • Primary/secondary educational facilities
    • Highways/public roads
    • Government facilities
    • Solid waste facilities
    • Airports
    • Parking facilities
    • Manufacturing facilities
    • Drinking water facilities
    • Electrical generating facilities
    • Sewer and waste water facilities
     
    Economic development projects are an area of unique capability for the Spilman team. We can assist clients in structuring, negotiating and documenting economic development transactions, including, but not limited to, the following:
    • Municipal sales and use tax financings
    • Tax increment financings
    • Financings to facilitate payments in lieu of taxes (PILOTs)
    • Public-private partnerships
    • New Market Tax Credits

    Serving Our Clients

    Regardless of the issues you need help with, we have the necessary experience to assist you with all aspects of municipal financings. Here are some areas in which we can assist:
    • Post-issuance tax compliance matters and monitoring
    • "Private Business Use" analysis
    • IRS audits of tax-exempt bonds
    • Securities issues, including preparation of disclosure documents, SEC filings and preparing annual and quarterly SEC reports, preparation of private placement memoranda and related due diligence procedures
    • Advice in connection with continuing disclosure filings under Securities and Exchange Commission Rule 15c2-12
    • Review and negotiation of hedge agreements, including interest rate swaps and other derivatives
    • Representation of issuers and conduit borrowers in connection with bankruptcies and workouts involving municipal securities
    • Drafting legislation, local ordinances and regulations
    • Training and education for your in-house legal or finance team

    Maintaining Our Edge

    Our attorneys pride themselves on being team players, sitting comfortably across the table from regional and national firms alike. Our public finance team is experienced in tax matters related to Section 103 of the Internal Revenue Code of 1986, as amended, and the related Treasury regulations and rulings, and we include our federal tax experts in every public finance matter we handle.

    We're serious about doing excellent work and aren't satisfied with mere competence--that's where we start.

    Our team makes it a point to stay educated and up-to-date on the latest regulations and industry changes. Every member of our team is a member of the National Association of Bond Lawyers.

    We have been listed in the Red Book since the group's inception and our team members have been recognized as "Lawyer of the Year" by Best Lawyers in their respective communities in Public Finance Law and in Project Finance Law, as well as recognized in Chambers USA: America's Leading Lawyers for Business for Corporate/Commercial: Banking & Finance.

    Spilman’s full-service capabilities allow the Public and Project Finance team to coordinate with other practice groups, including the Government Relations, Construction, Health Care, Utilities and Environmental practice groups, among others, to ensure that our public and project finance clients are provided with the highest level of service.

    For more information about our Public & Project Finance services, please contact:

    Joshua L. Jarrell
    304.291.7949
    jjarrell@spilmanlaw.com



     

    Primary Contact:

    Joshua L. Jarrell
    304.291.7949
    jjarrell@spilmanlaw.com


    Team Roster:

    John F. Allevato Carter R. Brothers Jeremy E. Carroll F. B. Webster Day David P. Ferretti W. Eric Gadd Julian F. Harf Lee O. Hill Bryce J. Hunter Joshua L. Jarrell Michael W.S. Lockaby
    5/22/2023
     
    11/3/2022
     
    7/14/2022
     
    11/1/2019