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Hahn & Hessen’s practice encompasses nearly the entire spectrum of financial and commercial transactions. Our experience includes representation of financial institutions in all aspects of business transactions. Although internally we are organized around different practice groups, these practice groups interact extensively in servicing our clients’ needs. Our ability to call upon the experience of attorneys throughout the firm enables us to provide our clients with the full range of services for their matters.
Bankruptcy & Restructuring
With a national practice and a reputation for excellence, expertise in the insolvency arena has long been a fundamental strength of Hahn & Hessen. With both a formidable creditors’ committee and lender practice, our client is often a financial institution (or group of such institutions) that has extended credit and is facing the insolvency or limited liquidity of its counterparty. Our representations extend to every actor in the insolvency drama: distressed debt funds and investors, purchasers (of assets, claims, and companies), lessors and lessees, repo, swap and other capital market participants, trade creditors, hedge funds, indenture trustees and debtholders of all classes, preferred and common shareholders and financial advisors, and litigation defendants. We are national preference action defense counsel for divisions of two Top 50 Bank Holding Companies, representing these entities nationwide in all bankruptcy preference actions. This complements our thriving practice representing trustees, plan administrators, and wind down agents, in pursuing avoidance action recoveries on behalf of creditor constituencies.
As the line between the securities and lending industries has grown less visible, we have helped market participants understand and minimize the bankruptcy risk of contemplated credit extensions and financial asset investments, counseling them on the special treatment accorded to certain classes of securities and counterparties under the Bankruptcy Code and similar statutes. We are in the small universe of firms which can claim to be fully knowledgeable on the Securities Investor Protection Act, having served in numerous cases as both SIPA trustee and counsel to the trustee in connection with the wind down of SIPA insured broker dealers.
Our Business Finance Group represents virtually every type of financial institution. Financial institutions engage us in connection with asset-backed warehouse and repurchase transactions, factoring and other off-balance-sheet financings and the sale and/or acquisition of portfolios of loans or entire business segments of other financial institutions. Investment bankers engage us to document the purchase, sale and design of financial derivatives, including interest rate and currency swap transactions and other new financial products. Merchant banks, broker-dealers, investors and investment managers come to us with credit risk and bankruptcy issues, as well as securities law matters relating to investments and trading.
While pursuing a trial or appeal may be the only avenue of recourse in certain matters, our litigators recognize that there are often multiple solutions to any given business controversy. We employ practical and insightful case solutions in addition to progressive billing strategies and the latest technology in evidentiary presentation, electronic discovery, and case management to achieve our clients' goals. We typically match our skills against, or in tandem with, the nation's largest law firms. Our client roster includes large-cap, mid-cap and closely-held corporations; national and regional banks, lenders, and hedge funds; bankruptcy creditor and equity committees; court-appointed trustees and receivers; governments; and high net worth investors and individuals. We have experience nationwide litigating credit facilities, participations, guarantees, security agreements, mortgages and letters of credit, and are expert in securing emergency provisional remedies, such as temporary restraining orders, orders of attachment or replevin, injunctions, and receiverships resulting in significant, expedited recoveries, immediate security, or quick dispute settlements. Coordinating with our Bankruptcy & Restructuring Practice colleagues, we are skilled in handling the entire range of bankruptcy-related litigation, including disputes over preferences, fraudulent transfers, letters of credit, applications for relief from the automatic bankruptcy stay, requests to utilize cash collateral, reclamation proceedings, professional fees, and attempts to assume or reject executory contracts or leases.
Asset-based lending is our bread and butter. Our real estate workout group is dedicated to answering the complex question: how do we maximize value for our clients from this real estate asset? We represent domestic and foreign financial institutions, hedge funds, insurance companies, investment banks, developers and investors in all types of real estate transactions, including mortgage financings, construction loans, commercial lease transactions, acquisition and disposition of real estate assets, and a variety of other real estate related transactions. Many of our clients buy assets from bankruptcy sales; we do extensive asset-based lending work with real estate components. Responding to the complex matters of our real estate clients often requires a blend of services. That’s why our real estate group regularly works with our business finance and bankruptcy practice groups in workout and financial restructuring of troubled loans, and why we look for every teaming opportunity to benefit our clients. We recognize the need for creativity in structuring real estate related transactions to meet the needs of all participants and the firm is accustomed to participating in the structuring process. Our goals throughout such transactions are to provide the best possible legal advice, responsive service and clear and concise documentation in a timely manner.
Securities & Tax
We provide corporate and securities counsel for investors, investment bankers and investment managers—and for companies in various industries, including software, telecommunications, biotechnology, health care and transportation. Our tax attorneys advise financial institutions, investment banks and commercial lenders on the federal, state and foreign tax consequences of their business transactions. Because these issues often require a blend of services, we have grown a truly integrated practice, partnering with our real estate attorneys to establish tax-efficient structures for real estate finance and development, or with attorneys from our trusts and estates practice area on gift and estate taxation and planning, and all aspects of New York state and city tax matters. As the line between the securities and lending industries continues to blur, we help clients minimize the bankruptcy risk of contemplated credit extensions and financial asset investments, and understand the special treatment that the Bankruptcy Code and similar statutes give to certain securities and counterparties.
Trusts & Estates
We work closely with clients and their families to create comprehensive multi-generational estate plans and to provide for effective business succession planning. We offer a wide array of services to our individual clients and their families, charitable organizations and financial institutions—from preparing simple wills and forming family trusts to implementing complex estate plans. Our clients often view us as their personal advisors. Institutional clients, such as trust departments of major banks, rely on the personal approach we offer to their most valued clients. We also provide ERISA advice and counsel in connection with complex financing transactions, mergers and acquisitions.