Banking & Financial Services
Financial institutions throughout Massachusetts and New England rely on Bowditch & Dewey’s experienced counsel to resolve the complex issues involved in today’s banking and finance industry. Our clients include the full range of financial institutions: global, regional and community banks and bank holding companies, trust companies, equipment leasing companies and credit unions.
The world of banking and finance can be complicated, and we have an experienced team to help you with challenging disputes and litigation, complex corporate and regulatory issues, loan structuring and financing transactions and workouts, restructurings and bankruptcy. From the lending and borrowing of money to the management of financial liabilities, we will walk you through the process. We will help structure your transactions, resolve operational issues, protect your best legal and commercial interests and negotiate and document the contractual relationship between lenders and borrowers.
Corporate and Regulatory Matters
- Corporate governance
- Formation of new banks
- Mergers and acquisitions
- New products
- Reorganizations/bank-holding structures
- Sales of bank equity and debt securities
- Dodd-Frank Act
- Bank Secrecy Act
- Compliance examinations
Loan Structuring and Financing Matters
- Asset-based financing
- Bridge financing
- Corporate lending
- Agented multi-bank and multi-borrower credit facilities
- Credit facilities
- Equipment financing
- Real estate financing, including acquisition, construction and project financing
- Mezzanine financing
- Public financing acting as bond counsel and as counsel to banks in their purchase of bonds
- Senior and subordinated debt
- Hedging strategy and swaps
Workouts, Restructuring and Bankruptcy
- Loan restructuring and workouts, foreclosures and secured-party sales
- Secured creditor representation in bankruptcy
- Debtor-in-possession financing
Litigation
- Banking and commercial litigation
- Bankruptcy litigation
- Lender liability litigation
Operational Matters
- Executive compensation
- Financial privacy issues
- Response to data breaches
- Trust management
Sale of an interest in an expanding bank
As part of a recent, $63 million transaction involving a Boston-based community bank, two pension-fund shareholders in a bank holding company were required to divest their interest due to the Volcker Rule. We advised the sellers, reviewed the stock purchase agreement, helped assemble the other transaction documents, and handled the regulatory review and compliance aspects of the deal. The sale/acquisition and investment of new capital closed in the summer of 2016.
A difficult case on behalf of a creditor
Our client was a regional bank that had provided a loan to a condominium developer who subsequently filed for bankruptcy. The borrower asserted various lender liability claims against the bank. While that suit was pending, the bank moved to lift the automatic stay in the bankruptcy court and, due to success on an important issue at trial, was able to negotiate a settlement agreement that included a release of all claims against the bank. This was an example of trying the case well and advising the client of the leverage it had obtained to negotiate a favorable agreement that released all claims against it.
Attention to detail in negotiating a complex solar energy loan
We helped a central Massachusetts bank address a myriad of complicated real estate and organizational issues in making a multi-million dollar solar development loan involving multiple properties in several states. The transaction involved the sale and escrow of Solar Renewable Energy Certificates and the structuring of an intercreditor agreement between the lender and the tax investors. There were a number of moving parts and multiple, unforgiving deadlines.
Helping a bank client-creditor
A regional bank in New England and the Mid-Atlantic turned to us for help collecting a multi-million dollar construction loan on an incomplete condo project that involved extensive litigation in the bankruptcy court. The client realized the return of all of its principal and interest and costs.
Refinancing a regional shipping center
We represented a local lender in a large transaction involving the refinancing of a New Hampshire shopping center. The transaction required an understanding of real estate and leasing issues as well as the usual financing complexities. We guided the transaction to a smooth closing, working cooperatively with Maine counsel on the intricate details of the transaction.
Experience and prior relationships help a solar lending project close for a banking client
A regional bank wanted to make a loan to a real estate developer for the installation of solar panels on a low-income housing facility in Washington, D.C. There were five buildings being constructed in a project involving federal and local seed financing. Our bank client was interested in green energy lending and saw this project with this customer as a great opportunity. While the deal had unusual collateral and other complexities, we used our experience with the bank and the borrower to streamline the process and the deal closed without complication.
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Of Counsel

Associates


Paralegals


Publications
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Client Alert: Connecticut Paid Leave Act and Family Medical Leave Act Notice Requirements as of July 1, 2022
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Client Alert: Employment Law Updates for Massachusetts and Rhode Island Employers
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Client Alert – Wage Act Updates: Massachusetts’ Highest Court Finds Limited FLSA Preemption of Wage Act Remedies and Employers Should Prepare for Potential Wage-Related Changes to Come
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Client Alert: Department of Homeland Security Announces Extension of the Form I-9 Flexibilities Until October 31, 2022
Events + Recordings
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David Mawhinney to Present at ABI’s Northeast Bankruptcy Conference & Northeast Consumer Forum
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Webinar Recording Available for “The Transformed Workplace: Retain and Recruit During a Workforce Shortage” Featuring Tracy Thomas Boland
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Tracy Thomas Boland Moderated “The Transformed Workplace: Retain and Recruit During a Workforce Shortage” with the Boston Business Journal
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Patrick Tracey Spoke at NECCA’s “In-House Counsel on the Front Lines: Preparing for and Mitigating a Cyberattack”
News
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Bob Cox and Jane Hawkes Named to Chambers USA 2022
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Tracy Thomas Boland Quoted in Boston Business Journal’s “Boston-area HR execs answer how to recruit, retain amid workforce shortage”
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Chelsie Vokes Quoted in MetroWest Daily News’ “Mask mandates dropping could mean more customers, but mixed messages”
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Bob Young Quoted in Worcester Telegram’s “Businesses optimistic about new era of pandemic with end of mask mandate”
At the Bar With Bowditch
Client Alert: Supreme Court Rules on COVID-19 Vaccine/Testing Requirements – Big Business Mandate Blocked, Health Care Mandate Revived
Client Alert: Updates Relating to OSHA’s Emergency Vaccination/Testing Requirements for Employers with 100 or More Employees and the CDC’s New Isolation and Quarantine Guidelines
13th Annual Employment Law Update (Webinars)
Campus Counsel
Wage Act Updates: Massachusetts’ Highest Court Finds Limited FLSA Preemption of Wage Act Remedies and Employers Should Prepare for Potential Wage-Related Changes to Come
Client Alert: Congress Approves Limits on Arbitration Agreements and Joint-Action Waivers for Sexual Harassment and Sexual Assault Claims
Client Alert: Supreme Court Rules on COVID-19 Vaccine/Testing Requirements – Big Business Mandate Blocked, Health Care Mandate Revived
Commercial Real Estate Insight & News
Client Alert: Supreme Court Rules on COVID-19 Vaccine/Testing Requirements – Big Business Mandate Blocked, Health Care Mandate Revived
Client Alert: Updates Relating to OSHA’s Emergency Vaccination/Testing Requirements for Employers with 100 or More Employees and the CDC’s New Isolation and Quarantine Guidelines
Masks Required in Certain Boston Workplaces Effective August 27, 2021
The Case for Inclusion
AiVi Nguyen and Chelsie Vokes Write “How to counter the Shecession” for the Worcester Business Journal
AiVi Nguyen Quoted in Worcester Business Journal’s “Experts: Retaining women during and after the pandemic requires communication and empathy”
COVID-19 + Working Women: How to Reverse the Shecession (Webinar)