Editorial: Banking in Florida

01 November 2007

Florida’s banking market is undergoing changes: as the number of workouts and restructurings increase because of recent turbulent events in the real estate sector, the amount of transactional work has seen a slight decline.

This has not dented the performance of Florida banking firms; indeed, the greatest number of nominees come from firms based in the state. One such example is Akerman Senterfitt, whose banking capability has been one of the linchpins of its practice since the firm was formed 80 years ago. The group’s “huge presence in the Florida market” means it has been “present at many of the key developments in the region”, such as the drafting of a number of Florida’s banking laws. The firm also possesses a “fantastic record for transactional work”, representing both banks and borrowers. Akerman Senterfitt has acted for clients such as Bank of America, Liberty Mutual Insurance Company, SunTrust Banks of Florida and Union Planters Bank. Three of the firm’s practitioners make an appearance in the chapter – all based at the Orlando office. The “tremendous” CEO and chair of the financial institutions group Thomas Cardwell was recommended for his regulatory work and has acted as general counsel to the Florida Bankers Association, where he served for 24 years. His stellar client list includes Wachovia Corporation, PricewaterhouseCoopers and Ernst & Young. Also listed is the “excellent bank lending lawyer” Robert Mellen. Recent deals have included a $50 million working capital line of credit involving NBA Team Loans, as lender’s counsel. The firm’s final listed practitioner is Virginia Townes, recommended as a “fabulous regulatory and litigation lawyer”. She has worked for clients including MoneyCorp, Mercantile Bank, GulfPak Banking Solutions and Advance America, National Cash Advance Centers.

Founded in Miami, “state-wide giant” Greenberg Traurig LLP is a local firm with an international profile. The firm’s banking practice was deemed “absolutely first-rate”, especially for banking transactions, and it boasts well-established links with Latin America. A group from the firm acted as counsel to Barclays Bank in Latin America, managing compliance matters and helping to set up its Argentine office. Head of this team was Miami lawyer Carl Fornaris, co-chair of the financial institutions group, who was praised for his “international eminence and reputation for excellence”. Other compliance work includes counselling institutions regulated by the Federal Reserve, Florida Office of Financial Regulation and other authorities. He also works on commercial lending, Latin American cross-border transactions and money laundering matters. Representative clients include the Republic of Chile, American Express Bank and SunTrust Bank. Two more of its Orlando practitioners feature. The “very fine, very experienced” Warren Bloom has a “first-rate corporate and public finance practice”, especially in the representation of creditors in these transactions. As part of the 7 World Trade Center Project, he represented the purchasers of the Series 2005 $475 million New York Industrial Development Agency Liberty Revenue Bonds. “Competent bonds lawyer” Jéan Wilson, chair of the public finance department, was praised for his work on the gamut of tax-exempt and taxable financings, and has served as bond counsel to entities such as the City of Atlanta, City of Orlando, Greater Orlando Aviation Authority and Jacksonville Housing Authority. Recently he was lead bond and disclosure counsel to the City of Atlanta in a $1.2 billion paper note programme.

Shutts & Bowen LLP’s banking capability received rave reviews from our sources, who consider it “highly responsive, active, and always growing” and noted its cross-border expertise. On the legislative side, the firm was instrumental in establishing offices for banks after 1978 when Florida legislature allowed this. In this capacity, the firm represented the first out-of-state bank to establish a non-Edge Act banking office in the state. Two lawyers are included in these pages, both lauded as “deans of the Florida bar”. Peers recommend Bowman Brown, the Miami-based chairman of the firm’s executive committee and financial services practice, as “a truly wonderful banking regulatory practitioner”. He has held a number of prestigious positions such as chairman of the Florida Banking Law and Credit Regulation Committee and has led the team in many of its regulatory innovations. The “highly established and experienced” Rod Jones is at the Orlando office. The former Florida banking regulator has created a “reputation for excellence” and, during his 28 years in the field, he has advised financial institutions with a Florida presence or those seeking to develop one. He also performs fiduciary work and addresses compliance issues, and worked on Florida’s first interstate banking legislation.

Holland & Knight LLP’s banking practice covers the spectrum of banking law, eliciting praise for transactional and regulatory excellence, especially for its involvement in complex cross-border deals, counselling on BSA and US Patriot Act compliance, offering advice to broker-dealers, and on creditors’ rights work. Past clients include Palm Beach County, Wachovia and Caterpillar Financial Services. The “very established and well-respected” Bruce Roberson represents state and national financial institutions, in interstate and internet banking, ATM and point-of-sale terminal networks, representation of lenders and borrowers in secured and unsecured lending transactions, and credit, debit and stored-value card law.

A new entity formed in 2007 by a group of former Holland & Knight partners, Avila Rodriguez Hernandez Mena & Ferri LLP is a domestic and international litigation boutique whose banking clients include domestic and foreign banks and traditional and non-traditional financial institutions in transactional, litigation and regulatory matters. Founding partner Alcides Avila is the former head of Holland & Knight’s banking and finance group. Avila’s “all-round spectacular record” includes transactional work, especially cross-border, and compliance counselling.

Hill Ward & Henderson PA is a Tampa firm concentrating on corporate, financial and real estate law within the state and further afield. David Felman is a “very strong” banking and corporate practitioner, who represents banks and borrowers in lending transactions such as corporate lending. Typical clients include Colonial Bank and Wachovia. Felman also represents venture capital investors such as Advantage Capital, Inflexion Fund LP and Lovett Miller & Co. He makes further appearances in our M&A and corporate governance chapters.

The “highly effective” Victor Alvarez appears for White & Case LLP. This Miami-based practitioner is well known for his Latin American practice, which has a strong focus on the representation of financial institutions in corporate and structured finance transactions. Alvarez has represented Pepsi-Gemex SA de CV in a $150 million acquisition financing, a $150 million term loan to Companía Anonima Nacional Teléfonos de Venezuela (CANTV) and BellSouth Corporation in $750 million of acquisition financing in connection with its Colombia wireless operations.

The final firm listed is Glenn Rasmussen Fogarty & Hooker PA, another “big presence in Tampa”. Banking constitutes one of the firm’s core practice areas and the group represents domestic and foreign lenders and financial institutions in credit transactions such as commercial loans, derivative rate swaps, asset based loans and intercreditor agreements, as well as debt enforcement proceedings. The “marvellous, thorough, easy to work with” Robert Glenn was praised for his structured finance and asset-based lending work, as well as dealing with defaulted bond and securities transactions, bank syndicates and lender liability defence. Glenn has represented Caylon (the new entity formed by the merger of Crédit Agricole and Crédit Lyonnais).

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