Banking & Financial Institutions

Savvy.
Sophisticated.

With unique and extensive experience and a deep bench of attorneys, FMJ is the go-to resource for banking and financial institution needs.

Banking & Financial Institutions

In ever-evolving financial markets, lenders and borrowers need experienced counsel to assist them in navigating financial relationships and transactions. FMJ’s banking and financial institution attorneys include lending attorneys, bankruptcy attorneys, corporate attorneys, commercial and special asset attorneys, and attorneys with experience serving on bank loan committees, boards of directors of banks, and bank holding companies. This experience coupled with our efficiency, value, and sophistication makes FMJ the leading resource for the needs of banks and financial institutions.

Financing Transaction and Loan Documentation

We regularly represent lenders and borrowers of all types and sizes in a wide range of financing transactions, including secured transactions, revolving and term loans, commercial mortgage/real estate loans (including review of title and environmental matters), construction loans, unique asset collateralization, land development loans, seller-financed transactions, leveraged buy-outs, venture capital financing, leveraged leases, and commercial leasing and equipment financing.

Workouts and Creditors Rights

We have extensive experience in the practice areas of Bankruptcy and Commercial Litigation and regularly represent lenders (banks and private) in creditor rights enforcement proceedings, including real estate foreclosure, loan default, receiverships, and Article 9 repossessions.

Mergers & Acquisitions

Our Mergers & Acquisitions team has handled deals collectively worth billions of dollars. With FMJ, clients can count on aggressive negotiation that earns them positive results. Clients benefit from FMJ’s vast experience in a variety of financial or strategic-based deals, including acquisitions and sales of banks and bank-holding companies (including stock and asset transactions), and the dissolution of bank charters post-transaction. As a trusted advisor, we guide you through all phases of the process. In addition to providing representation of our clients, our attorneys have participated in the decisions to buy or sell a bank and seek equity investment and financing transactions for banks and bank holding companies. From consultation to leading a team of investment bankers, accountants, and advisors, FMJ works diligently to achieve your desired results.

General Corporate and Board Advising

With attorneys that have served as directors of banks and bank holding companies, FMJ is able to advise and offer counsel regarding unique issues facing banks and financial institutions today, including succession, corporate governance, board composition, shareholder matters and executive management and retention.

Representative Transactions:

Lending

  • Represented a lender in negotiation and documentation of $18,900,000 construction loan facility for senior living and memory care facility.
  • Represented a borrower in negotiation and documentation of $12,000,000 in term real estate facilities to facilitate buy-out of partner.
  • Represented a lender in negotiation and documentation of multi-faceted $11,000,000 term and revolving loan facility to manufacturing company, including the sale of participation of interest.
  • Represented a lender in negotiation and documentation of $7,500,000 in commercial mortgage loans with Minnesota Housing Finance Authority subordinate facility.
  • Represented a lender in negotiation and documentation of Sharia-compliant $5,000,000 construction lending facilities for a non-profit borrower.
  • Represent lenders and borrowers in negotiation and documentation of various asset, aviation, and real estate-based lending transactions, including seller-financed business and asset sale transactions.
  • Represented a bank in a $13,000,000 loan for a new credit facility for a large restaurant franchiser, which was secured by five different properties in multiple states.

Mergers & Acquisitions

  • Represented a seller bank and bank holding company in the sale of bank assets to a competitor and subsequent dissolution of state-chartered bank entity.
  • Represented a seller bank holding company in the sale of stock of subsidiary bank to a competitor.
  • Represented a bank in a $4,000,000 loan acquisition which was secured by three separate commercial properties and shareholder guarantees.

Banking & Financial Institutions Team

Banking & Financial Institutions Resources

April 2024

Corporate Closings – Spring 2024

2024 First Quarter Transactions. Read more

February 2024

Did Your Organization Claim An Employee Retention Credit? It Might Be Time To Repay It.

Learn more about the ERC Voluntary Repayment Program that is open until March 22, 2024. Read more

January 2024

The Corporate Transparency Act is Here. Is Your Organization Ready? FMJ Law Podcast Episode 16

Pat Shriver analyzes the CTA and its new requirements. Read more

January 2024

Robert Fafinski III Elected as Shareholder

Congratulations, Rob! Read more

January 2024

Bradley Hutter Elected as Shareholder

Congratulations, Brad! Read more

December 2023

Annual Renewals for Minnesota Businesses

It is time to start thinking about your entity's annual renewal in Minnesota. Read more

November 2023

Q3 Transactions – Corporate and M&A

2023 Third Quarter Closings! Read more

August 2023

14 FMJ Attorneys Named to the 2024 Best Lawyers and Ones to Watch Lists!

We are proud to announce that 14 of our attorneys have been recognized in the 2024 editions of Best Lawyers in America® and Best... Read more

August 2023

Q2 Transactions – Corporate and M&A

FMJ recently closed a very busy second quarter for 2023! Here are a sample of our transactions from Q2. Read more

July 2023

16 FMJ Attorneys Named to the 2023 Super Lawyers and Rising Stars Lists!

We are proud to announce that 16 of our attorneys have been named to the 2023 Minnesota Super Lawyers and Rising Stars lists! Congratulations... Read more

June 2023

Chambers USA Selects FMJ for 2023 Corporate/M&A Ranking in Minnesota!

We are excited to announce that Chambers and Partners, a leading guide for identifying the top attorneys and law firms, has selected Fafinski Mark... Read more

April 2023

Q1 Transactions – 2023 is off to a Great Start for FMJ!

FMJ is off to a great start in 2023! Our Mergers & Acquisitions, Real Estate, Banking & Financial Institutions, and General Corporate & Business practice groups have handled... Read more

January 2023

2022 Corporate Transactions Summary

Thank you for making 2022 another great year for FMJ’s Corporate and Business Practice Groups! Our Mergers & Acquisitions, Real Estate, Banking & Financial Institutions, and General... Read more

October 2022

Corporate Transactions 2022 – Third Quarter

We are continuing to have a busy year. In the third quarter, our Mergers & Acquisitions, Real Estate, Banking & Financial Institutions, and General Corporate & Business practice groups handled... Read more

September 2022

WEBINAR – Attorney-Client Privilege and Dual-Purpose Advice: Convincing Courts to Maintain Confidentiality

Tuesday, October 11, 2022 12:00 p.m. to 1:30 p.m. (CST) FMJ Attorneys Pat Shriver and Brad Hutter are presenting a webinar/CLE to address the... Read more

Other Practice Areas

Agriculture

Agriculture

Our Agriculture group has legal experience in all aspects of agribusiness, including general corporate and transactional matters, farm succession planning, and litigation. Our attorneys also represent many types of cooperatives and independent elevators, including grain, feed, chemical, and fuel.
Appellate

Appellate

Our Appellate group has years of experience in assessing, briefing, and arguing appeals at all levels of courts throughout the United States. We have the ability to synthesize and analyze the record and the law, as well as narrow the case focus to those issues most likely to bring client benefit and appellate success.
Aviation & Transportation

Aviation & Transportation

Recognized nationally and internationally for our experience and insider knowledge of the transportation industries, our Transportation & Logistics attorneys are equipped with immense insight and a practical approach to complex logistical and legal issues.
Bankruptcy & Insolvency

Bankruptcy & Insolvency

Our Bankruptcy & Insolvency attorneys represent creditors in all aspects of bankruptcy, reorganization, and workouts, and appear in courtrooms across the country. Our philosophy is to actively participate in every phase of the workout and reorganization process.
Competition & Trade

Competition & Trade

We work with clients daily to help them better compete in their marketplace, whether that be local, national, global, or virtual. Our goal is to understand our clients’ businesses and challenges and help them navigate the business and legal obstacles to success.
General Corporate & Business

General Corporate & Business

Our General Corporate & Business group works with organizations of all sizes, from start-ups to Fortune 500 companies, across all industries, helping them devise strategies and solve problems. Much of the work we do is contractual – structuring, negotiating, and reviewing contracts.
HR & Employment

HR & Employment

Our HR & Employment attorneys guide our clients through the complexities of employment procedures and policies, employee benefits, hiring and termination practices, and compliance with ever-changing employment laws. We combine our knowledge of the law with specifics of our clients’ businesses to produce optimal outcomes.
Insurance

Insurance

FMJ’s Insurance group represents commercial and nonprofit insurers, as well as serves as outside general counsel to fraternal insurance companies. We advise insurance companies on all aspects of corporate, nonprofit, and insurance law.
Intellectual Property

Intellectual Property

Our Intellectual Property attorneys assist with trademark and copyright registration, compliance and licensing, dispute resolution, and pre-dispute counseling. We also have the technical, business, and legal acumen necessary to provide counsel on various intellectual property matters.
Litigation

Litigation

From local courtrooms to the United States Supreme Court, our Litigation group has a proven track record of obtaining favorable outcomes for our clients in a wide variety of legal disputes. We specialize in commercial, general, employment, shareholder, insurance defense, product liability, aviation, transportation, real estate, and appellate litigation.
Manufacturing

Manufacturing

FMJ’s Manufacturing attorneys have been holistically representing manufacturers for two decades. From R&D, through supply chain, operations, distribution, and sale channels, we know your challenges. We have a history of efficiently solving our clients’ legal issues in every phase of manufacturing.
Mergers & Acquisitions

Mergers & Acquisitions

Our Mergers & Acquisitions team has handled deals collectively worth billions of dollars. With experience representing buyers, sellers and investors, we have the capacity and depth of knowledge to understand the issues that arise during the course of a transaction and offer solutions to ensure your deal moves forward and closes.
Nonprofit & Philanthropic

Nonprofit & Philanthropic

FMJ’s Nonprofit & Philanthropic group is passionate about assisting philanthropies and nonprofit organizations in carrying out their meaningful missions, paired with their extensive experience in an array of areas, makes the firm an ideal fit to help nonprofit and philanthropic organizations face the many nuances of nonprofit law.
Products Liability

Products Liability

With their expansive product knowledge and extensive experience, FMJ’s Products Liability group is able to handle cases effectively, efficiently, and with their clients' interests always at the forefront. The group has served as regional and national counsel to multi-level international Fortune 500 companies in 30 states for over 40 years.
Real Estate

Real Estate

Our Real Estate team has the experience and practical business knowledge necessary to navigate, negotiate, and manage the nuanced elements of real estate transactions, whether you are a business that has ongoing commercial purchase and sale or lease transactions, you are an experienced investor, or you are investing in real estate for the first time.
Sports & Entertainment

Sports & Entertainment

FMJ’s attorneys represent sports and entertainment entities of all sizes holistically and comprehensively. From contracts and operating agreements, through event planning, intellectual property, HR/employment, real estate, and even aviation, we know your needs and your challenges. FMJ is committed to solving each client's legal issues efficiently, so they can focus on their game, their craft, or their content.
Trusts & Estates

Trusts & Estates

Our Trusts & Estates group provides estate planning, estate administration, business and unique asset succession planning, estate controversy assistance and related services to individuals, closely-held businesses, tax-exempt organizations, and corporate fiduciaries. We are always accepting new clients and offer complimentary 30-minute initial consultations and flat-fee estate planning to fit every budget.