Representative Experience

Representative Experience

Commercial Lending/Finance Transactions

Gordon & Rees has represented lending institutions in every aspect of commercial lending/finance transactions. 

  • Drafted and negotiated all types of loans and credit facilities
  • Drafted and negotiated intercreditor agreements, forbearance agreements, purchase agreements
  • Drafted and negotiated funding agreements for the purchase, licensing, and intellectual property during due diligence phase

Consumer Regulatory Affairs and Compliance Services

In today’s highly regulated environment, clients need a trusted counsel to guide them through the maze of regulations and to protect them from both state and federal agencies.  Gordon & Rees regularly counsels clients on compliance issues. 

  • Partnered with clients to ensure all aspects of their business are in compliance with the Consumer Financial Protection Bureau and other federal agencies
  • Conducted internal fact finding investigations to find root cause issues that impact compliance downstream in the business process
  • Represented financial institutions in conjunction with state attorney general investigations
  • Counsel and represent clients regarding compliance with the Payment Card Industry Data Security Standard (PCI DSS), EMV, and related issues for card payment transactions, as well as matters relating to gathering, use, destruction and notification of any loss of personal identifying information

Consumer Class Action Litigation

Gordon & Rees regularly handles the defense of consumer class actions on behalf of all types of financial institutions in both state and federal courts across the country.

  • Represented regional credit union in class action litigation involving alleged unlawful foreclosure practices
  • Represented a global financial company in class action litigation involving alleged unlawful debt collection practices
  • Represented a financing company in a class action involving federal and state claims regarding alleged violations of Truth in Lending and Fair Credit Reporting Acts
  • Represented equipment finance company in successful defense of credit defamation, Fair Credit Reporting Act, and Fair Debt Collection Practices Act alleging “malicious” false reporting of late payments to credit bureaus
  • Represented mortgage lender in multidistrict litigation (MDL) alleging violations of Truth in Lending Act for failure to disclose borrower’s right to cancel
  • Represented bank in consumer class action against claims alleging discrimination under Fair Housing Act, Equal Credit Opportunity Act, Chicago Municipal Code and Illinois Consumer Fraud and Deceptive Business Practices Act
  • Represented numerous financial institutions in the defense of claims under the Telephone Consumer Protection Act

Commercial Litigation

Gordon & Rees litigators are equaled skilled in handling commercial litigation. 

  • Represented bank in federal lawsuit alleging claims under the Bank Holding Company Act
  • Represented banks in commercial litigation centered around the UCC Articles 3, 4, and 9
  • Represented bank on lender liability action involving mortgage financing on condominium projects
  • Represented mortgage lender in an action against a mortgage broker for multiple breaches of a mortgage broker agreement, resulting in mortgage broker’s agreement to repurchase loans containing misrepresentation
  • Represented bank on lender liability claims involving withdrawal from financing of complex real estate transactions, lease financing arrangements
  • Represented equipment financing company in borrower’s breach of multiple purchase agreements for over 100 semi tractors
  • Represented floor-plan lender in a conversion claim against the majority shareholder of a construction equipment dealership who used the lender’s secured collateral proceeds to repay his own guaranteed debts 
  • Represented agricultural lender in federal interpleader complaint seeking a determination of the priority of competing lien rights to proceeds of crop sales
  • Represented finance institution against claims of fraudulent sales of securities
  • Defense of various claims arising from breach/distribution of personally identifying information
  • Regularly representing financial institutions against consumer claims related to debt collection and credit reporting 

Bankruptcy Services, Restructuring and Creditors' Rights

Gordon & Rees has significant experience in large and middle market cases, representing, both in and out of court, clients in bankruptcies, workouts and litigation.

  • Represented banks in out-of-court workouts in connection with real estate loan involving multiple commercial projects
  • Represented banks in complex Chapter 11 bankruptcies, including negotiation and objection to DIP credit facilities and reorganization plans
  • Represented lenders in numerous bankruptcy adversary proceedings to obtain exceptions to the discharge of debts due to willful destruction of property, credit obtained through fraudulent misrepresentations, larceny and embezzlement
  • Represented international finance company in setoff motions around the country
  • Represented international finance company in thousands of preference and fraudulent transfer suits around the country
  • Represented equipment leasing company in an international fraud scheme resulting in a Chapter 11 bankruptcy case
  • Represented leasing company in fraudulent transfer and preferential conveyance actions
  • Represented secured lender in funding a borrower’s acquisition of agricultural equipment dealerships in multiple states 

Privacy & Data Security 

Gordon & Rees helps clients meet the challenges they face in maintaining and protecting customer, employee, and confidential information from unauthorized use and disclosure and helps them comply with evolving state, federal, and international laws and regulations.

  • Represented financial services company for alleged violations of the Telephone Consumer Privacy Act
  • Represented securities broker in a U.S. Commodity Futures Trading Commission investigation alleging improper sale of securities in violation of federal laws
  • Represented financial institutions, including multinational and regional banks, credit unions, mortgage lenders and financial institutions, in defense of claims brought under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Truth in Lending Act, and the Real Estate Settlement Procedures Act
  • Provided counseling and risk management related to protection and potential breach/loss of personal identifying information 

Residential and Commercial Foreclosures

Gordon & Rees routinely handles residential and commercial foreclosure, including foreclosing on UCC interests on a national level

  • Represented banks in litigation to foreclose on various types of properties including income producing properties
  • Represented finance companies in UCC foreclosures and sale of the secured assets, including the sale and transfer of equipment, inventory and intellectual property rights

Equipment Leasing

Gordon & Rees regularly represents financial institutions in the management of their commercial leasing portfolio including protecting their interest in bankruptcy and receivership proceedings and handling their litigation needs.

  • Represented financial services companies in large receiverships involving multi-million dollar claims and large leasing inventories
  • Substantial experience in recovery of leased property including commercial vehicles, construction equipment, aircraft, industrial machinery, medical equipment and office equipment
  • Substantial experience in handling the collection of commercial leasing accounts

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