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SECURITIZATION AND STRUCTURED PRODUCTS PLATFORM
Lowenstein Sandler has extensive capital markets litigation experience and a team of approximately 30 attorneys who devote a substantial part of their practice to this space.
Our lawyers advise clients on:
- ABCP Conduits and SIVs
- CDOs, CLOs and other ABS
- RMBS and Mortgage Put-backs
- Credit Default Swaps and other Derivatives
- "Opt Out" Securities Litigation
Our transactional and subject-matter expertise distinguishes us.
- Full-scale business law firm with sophisticated investor-oriented practice groups
- Including top-tier Private Funds/Hedge Fund practice
- Transactional work includes:
- Hundreds of private-label and GSE residential mortgage securitizations and re-securitizations and work on other asset classes, including student loans, business loans and CDOs
- Thousands of secondary mortgage market acquisitions, as well as sale and financing transactions, including work on forward and reverse mortgage loans and servicing rights
- Credit derivatives documentation and negotiation
- Other structured products, such as equity-linked and principal protected notes
- Typical clients include institutional investors, residential mortgage loan servicers and master servicers
- Experience with numerous mortgage conduit platforms, including:
- Lehman Brothers/Aurora Loan, Bear Stearns/EMC, GMAC-RFC, BofA/Countrywide/Merrill, Chase/WaMu, Option One, Chevy Chase, Flagstar Bank, Thornburg Mortgage, Wells Fargo and Irwin
Our representative structured finance experience includes:
- Winning dismissal of a $1.875 billion claim brought in New York by financial guarantor FGIC against client IKB Deutsche Industriebank. FGIC was attempting to rescind a financial commitment issued in the United Kingdom as loss protection to a structured vehicle; the matter involved a complex array of credit default swaps and underlying CDO assets.
- Representation of equity sponsors and collateral manager in claims against a global investment bank stemming from three contemplated CDOs, totaling $1.5 billion; we defeated claims brought by the investment bank before the International Centre for Dispute Resolution, which cleared the way for the successful prosecution of damages claims in the New York courts.
- Prosecution of claims in New York on behalf of equity sponsors and collateral manager against a global investment bank, arising from two contemplated CDOs, each in the amount of $750 million.
- Investigation of claims on behalf of investors in multiple subprime CDOs regarding the conduct of deal participants.
- Prosecution of fraud and unsuitability claims relating to auction-rate securities and CDO investments, through a FINRA/NASD arbitration by a publicly traded foreign investor against a global investment bank.
- Representation of CDO noteholders regarding the collateral manager's and trustee's interpretation of the Indenture's waterfall provision.
CAPITAL MARKETS & SECURITIES LITIGATION
Overview
Lowenstein Sandler's Capital Markets Litigation practice has a unique breadth of experience representing financial institutions (both domestic and foreign), hedge funds, commercial creditors and an array of other institutional investors. We move swiftly and proactively, always recognizing the economic drivers underlying civil disputes.
Our attorneys have successfully litigated cases involving virtually all types of capital markets transactions, including various forms of securitizations and structured vehicles, as well as syndicated bank loans, repo agreements, credit default swaps, interest rate swaps and other derivatives transactions. We also work in tandem with the firm’s Bankruptcy Department to take aggressive action in bankruptcy and insolvency proceedings when litigation is the appropriate strategy. More...
MORTGAGE BANKING & FINANCE
Overview
Lowenstein Sandler's Mortgage Banking & Finance practice is one of the very few practices in the country with substantial whole loan and servicing rights trading experience as well as expertise in counseling clients in transactions relating to the purchase, sale, or financing of businesses having significant mortgage portfolios.
Our Mortgage Banking & Finance practice advises institutional investors and servicers on purchases and sales of loan portfolios and servicing rights, and we help lenders and capital markets purchasers structure and document financing and wholesale lending programs. We advise on purchases and sales of agency and private mortgage servicing rights, and we structure, negotiate, and document servicing, outsourcing, and subservicing arrangements. Our attorneys are involved in various corporate transactions related to mortgage business launch, acquisition, expansion, innovation, and disposition. More...
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