National and Texas-based banks, and other companies providing a wide range of financial services market, with assets ranging from several million to billions of dollars, rely on Cox Smith for guidance with their transactional, regulatory, and litigation needs. Historically, while we have represented several large national and Texas-chartered banks, as well as a wide range of community banks statewide, we also advise savings banks, credit unions, insurance companies and investment funds on a full range of lending, regulatory, and business laws.

Client focus

• Commercial banks
• Insurance companies
• Investment funds
• Securities underwriters

Services to commercial banks
Formation and capital raising alternatives. Cox Smith banking lawyers regularly handle the formation and chartering of financial institutions and play key roles in financial institution conversions to S Corporation status. We also assist banking clients with post-chartering regulatory, corporate and securities matters. Our lawyers handle the full gamut of capital raising alternatives for financial institutions.

Regulation. Our lawyers counsel banking clients regarding compliance with both state and federal banking regulations. The banking laws in Texas are among the most complex in the country and many banks rely on us to guide them through our state’s regulatory maze. Because our lawyers have had a key role in drafting many of the state’s banking rules and statutes, we quickly and efficiently understand their application in any given issue.

M&A transactions. Cox Smith banking lawyers have handled many acquisition transactions for banking clients, helped other clients sell, buy and merge with financial institutions, helped financial institutions acquire insurance agencies and leasing companies, and facilitated FDIC-assisted acquisitions.

Public policy advocacy. We represent the interests of banks and financial institutions as legislative and administrative policies governing them are formed. That includes drafting legislative and rulemaking proposals, and providing legal and technical support so that our clients can comment on proposed legislation or regulations. Because our banking team includes registered lobbyists, we can effectively make our clients’ views known as new banking laws are developed in the Texas Legislature.

Commercial lending, banking, workouts and collateral recovery. Many of our senior banking lawyers have over 25 years of experience in representing banks and other financial institutions in economic growth periods, and during recessionary periods. We have a clear understanding of how to protect a lender’s interests going in to a transaction, while at the same time understanding market conditions and borrower needs. Our experience allows us to lead the negotiation, collateral review, and document process for any type of loan transaction, including revolving and term loans, multiple borrower transactions, loan participations, acquisition loans, construction loans, letter of credit facilities, and special purpose loans. Troubled loans are aggressively addressed using cost effective teams that are developed when needed to assist our financial institution clients through a full spectrum of legal and business issues and tasks, including loan modification and restructure, regulatory and compliance issues, collateral recovery, litigation, bankruptcy, and special asset maintenance and sales post recovery. Further, our lawyers are experienced in handling bank deposit issues and collections, electronic fund transfers, lender liability claims, and bank fraud matters.

Services to insurance companies
Claims litigation. Cox Smith represents insurance companies and affiliated brokers and agents in a broad range of sophisticated insurance matters from "bad faith" claims to mass catastrophe claims, to individual and class actions lawsuits and arbitrations involving claims of alleged securities fraud and fraudulent sales practices in insurance and annuity products. We also represent independent insurance agents and brokers on errors and omissions claims related to the policy placement and delivery process.

Coverage litigation and counseling. We represent both insurers and insureds in all aspects of insurance coverage matters. For corporate and individual business policyholders we provide creative strategies for maximizing and enforcing their coverage rights under liability and property damage policies, including duty to defend and indemnify disputes, claims denials, premium audit and payment disputes, policy placement and delivery disputes, and claims management disputes. We also counsel clients on beneficial or needed coverages at policy renewal and integration of insurance coverages, indemnities and other risk-shifting tools into contractual agreements and transactions. For insurers, we routinely provide coverage advice and opinions on the rights and obligations of parties to insurance contracts.

Read more about our insurance capabilities.

Services to investment funds
A key part of our practice is advising investment funds on the financing, governance and general corporate issues involved with the acquisition of emerging growth companies as portfolio investments. Often these investments involve venture capital funding and public-private partnerships generated through technology incubator organizations.

Services to securities underwriters
Our lawyers have represented underwriters and placement agents in connection with hundreds of millions of dollars in debt and equity financing, working frequently with many of the leading Wall Street investment banks. We are typically involved in every phase of capital raising transactions, including the preparation of the prospectus or offering memorandum, structuring of terms of securities and obtaining clearance from the SEC, and other regulatory bodies.

Services to trade associations
Our lawyers understand the interplay of tax, corporate and antitrust law that affect these 501(c)(6) exempt organizations.  We can provide assistance in establishing an appropriate structure for exempt and nonexempt activities along with contractual documentation.  We also understand the business issues of trade associations and can assist with development of appropriate policies and strategies.  Our intellectual property practice group can provide services in seeing that trademarks, logos and other intellectual property are registered and properly handled.