Business and Commercial

Banking, Investment & Finance

Thompson Coe combines financial insight and commercial litigation skill to advise a variety of financial service institutions, including insurance companies, banks, credit unions and investment groups. Our firm’s in-depth regulatory and transactional knowledge of insurance company operations informs our capabilities and insight when advising other financial services clients. And our strength at bankruptcy and restructuring means we can work to help lenders and investors take all necessary steps to protect their assets and collateral, whether in structuring the transaction or protecting their interests in case of default.

Insurance Companies

Few firms surpass Thompson Coe’s litigation representation of insurance companies. But we also have an active practice handling the everyday business needs of insurers. Much of our work encompasses straightforward commercial litigation involving controversies focused on insurance operations. That can include issues like premium collection, agency relations (particularly regarding agent non-compete agreements), reinsurance standards and taxation of premiums.

We also assist insurers with their transactional needs. That includes a strong emphasis on business purchases and sales, whether of other insurance companies or of insurance agencies. An essential element of our work on these transactions is securing change of control approval from the Texas Department of Insurance. We also handle the legal and regulatory issues that financing activities and direct investments involve for insurers.

Banks and Credit Unions

In working with banking and credit union clients on lending transactions, we strive to make the deal as straightforward and seamless as possible, and to strengthen their business relationship with the borrower.

Our goal is to ensure that both sides of the deal understand their responsibilities, while at the same time drafting terms and provisions that build in safeguards to protect the lender’s collateral in the event of default, foreclosure or bankruptcy.

We advise on all aspects of lender due diligence to evaluate risks and balance business, operational and legal needs. Our lawyers have a solid reputation for closing deals, suggesting customized terms and provisions that benefit the lender and the borrower. Should workout or restructuring become necessary, our bankruptcy litigators represent the needs of creditors—whether a reorganization, sale or liquidation of the debtor is the most effective strategy.

Restructuring and Loan Recovery

Our lawyers are effective advocates for the lender’s perspective on loan recovery and debt restructuring in insolvencies and bankruptcies. We help our secured lender clients – whether insurers, banks, credit unions or investment funds – service problem loans, administer loan portfolios, and recover the maximum feasible amount.

Thompson Coe lawyers have negotiated and prepared debtor-in-possession financing transactions for lenders and investors, helping them purchase assets and companies involved in Chapter 11 and Chapter 7 cases. Our success in protecting creditors’ rights enables us to negotiate and close many successful workouts of complex commercial loan relationships.

Investment Funds

Thompson Coe has ongoing contacts with the venture capital community and regularly brings entrepreneurs together with venture and private equity funds and angel investors. Our lawyers work with private equity and venture capital clients as business partners, helping them evaluate the risks and rewards, decide which concerns are most important, and complete the transaction to the maximum advantage of everyone involved.

In investment fund transactions involving portfolio companies, we strive to negotiate optimum payment, liability, tax and management terms in these arrangements. We handle the necessary regulatory issues (particularly with regard to state securities laws), and also make sure that the financing agreement does not limit future options for future private or public funding.

Summary: Balancing the Needs

We advise our financial institution clients in all their specialized and highly regulated activities, whether they are acting as lenders and investors or whether they need help with their own commercial transactions and business operations. Our lawyers help financial services clients evaluate risks and balance business, operational and legal needs. And if problems arise, Thompson Coe will quickly respond with the litigation skill to resolve any commercial dispute, whether at trial or through negotiation and settlement.