Banking And Finance
We believe in a commercially focused, pragmatic, approach to advising our banking and finance clients and sound market knowledge underlies all of the guidance we give. We consider that identifying issues early on is key to providing our clients with efficient, reliable and practical legal advice based upon astute commercial awareness.
Our expertise spans a variety banking and finance issues. We have acted for a number of leading lenders and we are able to advise companies of all types on their dealings with lenders. We also advise a variety of corporations (international corporations, family businesses, charities, trusts and developers) on all aspects of their relationships with lending entities.
We advise on the following matters:
- Corporate lending;
- Asset/property finance;
- Project finance;
- Corporate debt management;
- Corporate banking;
- Property acquisition and
Through a network of contacts, we are also able to assist in raising finance.
If you wish to speak to a member of our Banking and Finance Team then please contact us
Massachusetts has a lot going for it. Harvard is there, for one. They also have that funny little way of pronouncing the word “yard” like they’re throwing it from their mouths. And uhm… I’m sure there’s something else, right? That third thing may be just what it takes to make practicing in New England a bit more bearable. Because folks are having a hard time logging those billables at the moment. From Reuters: Massachusetts lawyers are burned out and experiencing elevated rates of anxiety and depression, according to a study released Wednesday that adds to a growing body of research documenting mental health problems within the legal profession. Researchers with the Lawyers Concerned for Lawyers and NORC at the University of Chicago surveyed 4,450 Massachusetts attorneys last year for the latest study. Across the state, 77% reported feeling burned out, 26% reported high rates of anxiety, 21% reported depression and 7% reported suicidal thoughts — all higher than average for U.S. adults. The survey also found high rates of alcohol consumption, with 42% of respondents reporting unhealthy or hazardous use. Now, barring they didn’t make an methodological error and only got the opinions of people who were basically crying out for help — say lawyers looking to go see Pagliacci or Adult Swifties™, for example, that’s a healthy sample size of people to be that down bad. And while lawyers have had disproportionately high rates of drinking for a while now, a 42% self-reported rate of unhealthy or hazardous use is too close to comfort to half. One outlier may have colored the data: COVID-19. That said, the results are likely still worth heeding. “Almost half indicated they considered leaving their legal employer, and 40% reported considering leaving the legal profession entirely in the last three years due to burnout or stress,” according to the study, Lawyer Well-Being in Massachusetts. The timing of the survey, which was conducted amid the COVID-19 pandemic, likely contributed to higher rates of reported burnout and anxiety, the authors said. But it was consistent with earlier findings that lawyers have higher rates of substance abuse and mental health problems than the general population and other professions. This gleams some advice even non-Massachusetts based firms may want to keep in mind: it may be in their own best interests to chill on strict return-to-office policies. Who really wants to add gossiping into the depressive brew at this point? Burning through associates may have been a viable economic tactic at one point, but with burnout rates like these, your bottom dollar could get singed too. Burnout, anxiety and depression was especially high among minority groups, the new Massachusetts study found. The burnout rate among Black and Hispanic lawyers was 86% and 88%, respectively, compared to 77% among white lawyers. Attorneys with childcare responsibilities also reported higher rates of burnout. The survey found that nearly half of the lawyers who screened positive for depression, anxiety or suicidal thoughts did not seek mental health care. The researchers attributed that to stigma surrounding mental health issues, as well as time constraints and fear of professional reprisals. The fear of professional reprisal is palpable — remember the guy who wanted to get a woman canned for “sitting on her ass” during maternity leave? The partner is dead, long live the firm mentality is, oddly enough, great for the firm and very hard on partners and associates. They’re the ones in the oak box, after all. Thankfully, the study ends on a pragmatic note. Lawyers who reported having a supportive work environment where they are treated with kindness and respect, given flexibility and have access to mentorship had higher satisfaction with life and lower rates of burnout, anxiety and depression, the study found. So, Boston lawyers and whoever else the shoe fits for, you work all those hours for the firm, why not work on yourself a little? Take a day or two off, talk to a therapist — maybe even find one online. And hey, if that means lateraling to a firm that treats you like an actual person, so be it. Burnout. Depression. Red Flags Abound In Massachusetts Lawyer Study [Reuters] Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at firstname.lastname@example.org and by tweet at @WritesForRent.
If your employer operates on a fiscal year, which ends March 31, then performance review season is upon us! While performance reviews are handled differently by company and leader, if you have an opportunity to submit a self-evaluation or assessment, here are a few tips for you to consider. Get Over The Awkward I totally get that it’s hard to switch your mindset from humble servant leader to tooting your own horn, but you have to get over it. Think of it this way: it’s not hubris if true and not excessive. Plus, if you can’t confidently articulate what you have contributed to your clients, the team, and the company — how can you expect someone else to? Importantly, think of your self-evaluation as a way to help your manager, who you know is super-busy. Consider the fact that they probably have to evaluate more than just you. Finally, let me put it this way — if I were your manager, I confess that I don’t remember what I did yesterday, much less remember all the excellent work you’ve done over the year, so yeah, help me out, won’t you? Collect Your Data Now that you have committed to advocating for yourself, let’s review your work. If you haven’t been keeping a “done” list all year, then you may want to consider setting aside some time to review your calendar from April 1, 2022, until now. Have a scratch sheet of paper handy so you can jot down litigation, projects, and clients. The purpose of this is to create a “junk drawer” of work that you later can sort through and organize to demonstrate your value and impact to the company. It may amaze you how much you’ve done and how much you have forgotten what you’ve done. By the way, going forward, you may want to keep a “done” list that you add to weekly or monthly so this isn’t so time-consuming next year. Analyze The Impact Once you have the “universe” of your work for the year, you may see that the items fall into natural categories that you can group together and talk about. Depending on your manager and their style or their ask, you may want to pick three things that you’re most proud of and focus on those and explain why instead of regurgitating your list. Importantly, try to choose things that objectively made the most impact, even if they may not have been your favorite projects. Consider how resolving a legal matter early potentially saved the company a lot of money or protected the brand. Maybe you contributed to a project that led to a new innovation or product line. It may help to get out of “lawyer” mode and think more broadly on how your work connects to the business and the bottom line. Another strategy to consider is to choose to highlight accomplishments that showcase your strengths or that set you apart. Maybe everyone litigates and settles cases, but you’re the one who clients call for crisis control. If you have a unique value proposition, then by all means, share it. Write Concisely And Earnestly Once you know what you want to highlight and share with your manager, invest time into articulating your value concisely and candidly. Stay away from superlatives and hyperbole. Practice third-person writing if you can to stay objective. Consider your audience — would a short paragraph be helpful or bullet points? Finally, don’t forget to save your work in a file that you can reference next year. Meyling “Mey” Ly Ortiz is in-house at Toyota Motor North America. Her passions include mentoring, championing belonging, and a personal blog: TheMeybe.com. At home, you can find her doing her best to be a “fun” mom to a toddler and preschooler and chasing her best self on her Peloton. You can follow her on LinkedIn (https://www.linkedin.com/in/meybe/). And you knew this was coming: her opinions are hers alone.
Jones Day Not Representing Trump 2024 Campaign, Having Made America Great Enough On January 6 – Above the Law(Photo by Drew Angerer/Getty Images) The third time is not the charm for Jones Day. After advising Donald Trump in both of his prior White House bids, packing the administration with its lawyers, touting its ties to the administration to drum up business, watching its temporarily seconded attorneys mount a campaign to pack the federal judiciary — including with the firm’s own associates — running up bills in efforts to disenfranchise voters, and then taking advantage of the revolving door of returning administration officials, Jones Day has decided not to advise Trump’s 2024 campaign according to an exclusive report from Bloomberg. Maybe Alina Habba departed the E. Jean Carroll case to bone up on election law. Neither the firm nor Trump’s camp commented on the matter, but Bloomberg’s sources report that the firm is moving a different direction: The law firm is not working on Trump’s 2024 campaign and does not plan to provide legal services related to the run, according to a source familiar with the situation. Jones Day lawyers are winding down “legacy matters” for committees affiliated with Trump’s previous campaigns, the person said. The article flags the leadership transition with Greg Shumaker recently taking the reins from Stephen Brogan, whose lengthy run atop the firm saw its aggressive — if unnoticed by the general public — branding as the marquee brand of the conservative legal movement. While the transition could signal a business decision to withdraw from right-wing causes in light of mounting negative publicity (affiliate link), it’s probably wise to take that theory with a full-sized salt lick. There are two Jones Days out there: “MAGA Jones Day” and “Lawyers Who Enable MAGA Jones Day.” Plenty of law firms indulge unpopular legal work up until it begins to impact the bottom line, but Jones Day has spent so much time and effort orienting its business model around attorneys and clients who don’t just accept the Trump worldview but actively endorse it that it’s hard to imagine the firm stepping back. More likely, the firm has decided it will pick another champion. Donald Trump did his part for the firm, but in the end he couldn’t even pull off a decent coup! Sorry, but Jones Day has no room for losers. Maybe Ron DeSantis — whose chief of staff is a Jones Day alum — can take things to the next level. Jones Day’s dutiful work for Trump over two elections got results. When rioters stormed the Capitol, all the work Jones Day put in reached its zenith. They had spent years enabling the mob and could then collect their winnings and politely walk away. Those weren’t our people, the firm could say. And they weren’t… just the people the firm had worked hard to grant outsized influence over American politics. Trump’s done his part. Someone else can take that energy into 2024. Greatness achieved! Jones Day Won’t Advise Trump in 2024 White House Campaign [Bloomberg] Earlier: Jones Day Is Divided Between ‘MAGA Jones Day’ And ‘Lawyers Who Enable MAGA Jones Day’ New Report Explains That No Matter How Objectionable You Thought Jones Day Was, It’s Worse Yesterday Was The Day America Learned What We’ve Known About Jones Day All Along GOP Lawyer Slams Trump For Undermining Election Confidence Despite Long Career Of Undermining Election Confidence Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
This Supreme Court Justice Absolutely, Positively Should Not Have A Street Named After Him – Above the LawRoger B. Taney (Image via Getty) When lawyers, or maybe more accurately law students, get together and are feeling pedantic, the subject of all-time best and worst Supreme Court justices seems to come up. One justice that is *always* on the worst-of list is Roger Taney. The author of the Supreme Court’s biggest black eye, Dred Scott v. Sanford (1857), is forever associated with the scourge of slavery and it’s frightfully obvious that in the year of our lord 2023 there should not be tributes to his memory. Remember, this is the guy who wrote Black people were not citizens of the United States, writing, “We think [people of African ancestry] are not, and that they are not included, and were not intended to be included, under the word “citizens” in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States…” And he continued with some wildly racist shit that Americans should — at a minimum — be embarrassed over: They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery. . . . He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed and universal in the civilized portion of the white race. No one who wrote that has any right to be remembered as a positive figure in American history. Congress has gotten the memo, replacing the bust of Taney in the U.S. Capitol with Thurgood Marshall. Baltimore and Annapolis, in Taney’s native Maryland, removed their statutes of the justice in 2017. But yet, for some reason, a street named after Taney still exists in Philadelphia. What in the actual hell? And it’s not like the residents of Taney Street *like* it. As reported by the Philadelphia Citizen, they’ve been working to get the name changed, only to be stymied by the bureaucracy of it all: For three years, a group of volunteer residents and neighbors of generally charming Taney Street have been trying to change their blocks’ name. The group has surveyed neighbors online. They’ve written letters. They’ve door-knocked galore, and gotten nearly everyone to join team Rename. They’ve taken time away from work and family and themselves … simply to get something done that most everyone believes should be done. All that’s needed for the change is City Council’s approval — which is all but guaranteed if the three City Council members whose districts encompass Taney Street give the thumbs-up to a new name. Instead, almost inexplicably, folks on City Council and their representatives have repeatedly described the process of renaming Taney Street as “complex,” “not easy,” “unprecedented” and “a Pandora’s box.” But all of this raises the inevitable question… why IS there a Taney Street in Philly? He never lived there, as the Citizen reports, “No one has unearthed any record of Roger B. Taney doing a damn thing in the 2-1-5. Naming a street for him in 1858 would be like naming a street, I don’t know, Tom Brady Way … in 2019.” And no one can figure out *why* it was ever named that: To date, no one involved in this project can say for sure how Taney Street got its name. We do know it was named (well, renamed, from Minor Street) in 1858, one year after Dred Scott, back when Chief Justice Taney was a very famous (infamous) American. Famous for, you know, writing the decision that said an African American, even when he’d moved to a free state, was still not free — a ruling that is considered a major trigger for the Civil War. It certainly feels like this trolling move has gone on long enough. But the hoops the city is making the volunteers jump through for the seemingly obvious change is approaching Kafka levels. But as a lifelong New Yorker, it just reinforces my belief about Philly (and acknowledged in the Citizen article) — Philadelphia just can’t have nice things: “We have done the work here,” says [volunteer Samaya Brown]. “We have gone above and beyond what a typical civic engagement should be.” Maybe that’s the point. Maybe it’s a case of if the people in charge put up enough obstacles, the people who want change will just drop it. Maybe this is why (again) we Philadelphians can’t have nice things … “This kind of process definitely deters other efforts to improve our communities,” says [Rename Taney co-founder Ben Keys] … “If Philadelphia is going to be a place that gets things done, it needs to get things like this done.” Surely even Philly can get their shit together on this one. Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email
Groundhog Day is a weird little holiday. Though it’s inspired better movies than most of the calendar, so maybe we should cut it some slack. Or maybe it didn’t inspire better movies… at least according to the author who sued over the film Groundhog Day. It’s also the quintessential Biglaw holiday. You’ve labored and suffered for weeks, and just when you think you might be done, a rodent on the other side takes an action both predictable and avoidable and suddenly you have to keep working. Anyway… How much longer will we endure this winter? Having received a sum total of about three inches of snow all season in New York, perhaps the foundational question is “what winter”? Still, Punxsutawney Phil expects another six weeks, so strap in. Here’s a delightful message from Phil’s attorney, courtesy of the Muppets. Enjoy! https://www.youtube.com/watch?v=3S6ftPPoLuo/ Happy Groundhog Day. Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.