Financial Services

In 2008, the world as we know it changed. Increased oversight, compliance, and reporting requirements have challenged the financial services industry to find new ways of doing business. Our Financial Services Practice attorneys have the industry experience to address the challenges facing your business. Our attorneys can guide you through laws and regulations, transactions, compliance, litigation, and other business issues in the United States and globally.

We represent underwriters, venture capital firms, private equity funds, mutual funds, commercial banks, investment banks, insurance companies, and other financial investment organizations, including institutional investors, such as pension funds, universities, and corporations. We have had great success representing financial institutions, corporate officers and directors, issuers, underwriters, and auditors in high-stakes securities-related litigation, government enforcement actions, and appeals before federal and state courts and regulatory bodies. We represent scores of issuers of securities and companies accessing both debt and equity capital through public and private investment sources, including traditional, nontraditional, alternative, and cutting-edge funding sources.

Bondholder & Trustee Representation
We regularly represent bond investors and trustees in structuring and negotiating traditional and alternative bond financing structures, particularly in the tax-exempt arena.

When bonds go bad, our attorneys can assist you with distressed debt workouts. We will work with you to develop a capital recovery strategy that takes into account your credit, legal, and tax implications as a bondholder or trustee as well as the rules of the tax-exempt market. Our team includes highly experienced bond, restructuring, tax, and securities law attorneys, and we are nationally known for our work representing bondholders and trustees in troubled credits and financing structures.

Corporate Financings
If you are a public or private company, we can represent your business in the negotiation of capital raising financings to help you achieve your corporate growth goals. If you are an investor or underwriter, we can assist you in the investigation, structuring, and negotiation of your investment and underwriting engagements. Whether accessing funds through publicly traded markets or private sources, such as crowdfunding, individual or angel investors, private equity, or venture capital funds, Mintz Levin has the necessary experience and connections to help deliver the funding to meet your objectives.

Initial Public Offerings & Follow-On Debt & Equity Financings
We have extensive experience in counseling underwriters of initial public offerings and follow-on equity and debt financings and we will use that knowledge to help you close the best deal as quickly and efficiently as possible. We have worked with both broad-based, internationally recognized financial institutions as well as industry-focused financiers.

Institutional Investor Class Action Recovery
As an institutional investor, it is part of your fiduciary duty to pursue your claims in securities class actions and settlements. Mintz Levin represents institutional investors as claimants in securities class actions and SEC, NASD, and DOJ settlements throughout the United States as well as in international investor settlements. We monitor pending and settled securities class actions and other regulatory investor settlements, and will advise you on what the best course of action may be for ones where you have holdings. What’s more, our representation is protected by attorney-client privilege and attorney work product doctrine, unlike a claims processing service.

Institutional Investor & Pension Fund Counsel
Mintz Levin’s attorneys not only understand the needs of institutional and pension fund investors, but also how to do the work required to successfully close even the most sophisticated transactions, including public offerings and private placements of both equity and debt securities, and acquisitions and dispositions of enterprises and strategic alliances. Our fund management experience includes serving as purchaser’s counsel, representing a number of tax-free bond funds as lead investor in bond financings, and as counsel to independent trustees. We also provide counsel for institutional investors, such as mutual funds, private investment funds, universities, private corporations, and retirement funds for both their formation and investment needs.

Litigation & Investigations
The tangible and intangible costs of government investigations, litigation, and enforcement actions can be staggering for you and your company. And in an industry that is highly regulated and under constant scrutiny, it’s critical to have experienced counsel representing you. Our team can help you prevent compliance problems before they occur by designing and implementing comprehensive programs to detect and prevent issues before the government becomes involved. If you are the subject of a government investigation or enforcement action, we can lead the internal investigation and manage your response to governmental inquiries. Our attorneys have a successful track record representing clients in securities class actions, derivative suits, litigation, anti-money laundering matters, high-profile white collar crime cases, and SEC, FINRA, or other regulatory investigations and enforcement proceedings. We take an aggressive and cost-effective approach to defending you and will not hesitate to take a case to trial if it is necessary and in your best interest.

Fund & Brokerage Counsel
It’s good to have attorneys you can contact about any aspect of your business activities. Mintz Levin offers that kind of counsel and representation. Our clients include business development corporations, hedge funds, private equity funds, mutual funds and mutual fund managers. Our experience includes advising on product development, organization, formation, and establishment and maintenance of operating procedures as well as handling the securities, tax, and ERISA work involved at each of those stages.

Venture Capital Private Equity Investor Representation
Whether you’re interested in making an early- or seed-stage investment or are involved in a multi-investor or mezzanine financing, Mintz Levin’s attorneys are in familiar territory when advising individual investors, venture capital and private equity funds, and pools of investors in all types of financing. If you need help with fund formation, you will benefit from the fact that we have organized multiple funds, regularly representing investors in funds, and we represent those funds in the sale of limited partnership interests and other securities to investors in the United States, Europe, Japan, and elsewhere in the Pacific Rim. We represent a number of International institutions and families in connection with their US portfolio investments and have also been active in American investments in foreign securities.

Workouts & Bankruptcies
Our lawyers will not only help you develop a capital recovery strategy, but also will vigorously implement it. With Mintz Levin, you have a multidisciplinary team of seasoned bond, restructuring, tax, and securities law attorneys who are known for representing bondholders and trustees in troubled credits and financing structures.

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Barbara Chin

Barbara Chin

Practice Group Associate

Maryanne Kline

Maryanne Kline

Practice Group Associate

Mi-Rang Yoon

Mi-Rang Yoon

Practice Group Associate

Securities Class Actions

We represent thousands of institutional investors, and individuals, in securities class actions. We advise clients about their best options regarding opting out or objecting to proposed settlements and their participation in settlements. Thus far, we have recovered over $3 billion in these settlements and over $200 million for a client.

Dispute with Investment Advisor

On behalf of an institutional investor client, we negotiated an extremely favorable settlement with the client’s investment advisor in a dispute arising out of alleged mismanagement of our client’s cash investment portfolio.

Investment Fraud

We won a significant jury verdict in favor of a high-profile, well-known investment manager who had been sued for securities fraud under the Massachusetts Uniform Securities Act. After a two-week trial, the jury found our client had made no misrepresentation in connection with an investment in a hedge fund.

FINRA Arbitration

After a lengthy trial, a FINRA arbitration panel reviewing churning and suitability charges against a broker-dealer and its employees completely exonerated our client, a branch manager, even though the panel held the broker-dealer and an individual broker liable for substantial damages.

Bondholder & Trustee Representation

  • Represented bondholders in connection with marketing a disposition of a hotel condominium unit that served as collateral for defaulted tax-exempt financing.
  • Represented bondholders in connection with appointment of a receiver, foreclosure, and disposition of a golf course–based residential development project in Louisiana.

Fund & Brokerage Counsel

  • Advised a large mutual fund transfer agent regarding payment systems requirements for transmittals of funds and Form 8300 requirements for 529 plans.
  • Served as special counsel to an investment fund in the acquisition of a majority interest in a UK data center operator and in implementing US data center best practices.
  • Represented a European hedge fund in the lease of a space, which is among the first facilities in the United States to utilize water-cooled rather than air-cooled equipment racks, and developed a service-level agreement to address water-cooled rack issues.
  • Represented a major financial services and brokerage institution in a sale of its principal data center facility and the leaseback of a portion of that facility for its long-term use with extensive service-level agreement protections.
  • Represented large mutual fund complexes in securities class actions, regulatory settlements, and other investor settlements.
  • Represented mutual fund account managers with respect to possible utilization of alleged investment opportunities of funds.
  • Represented a leading US-based brokerage firm in contract negotiations to revamp its IT contracts and negotiated new contracts, allowing it to outsource functions, buy new technology, and basically replace its backend infrastructure.

Institutional Investor & Pension Fund Counsel

  • Advised a global investment bank on compliance with state campaign finance law, lobbying laws, and state ethics laws.
  • Advised various investment banking clients with respect to issues of risk in connection with communications transactions.
  • Advised the management group of a financial institution and an investment bank in compensation negotiations for an IPO transaction.
  • Institutional investors we have represented include MIT, Dartmouth, Johns Hopkins University, Tufts University, AOL Investments, Deutsche Bank, Compaq Computer Corporation, Liberty Mutual, Manulife Financial, Massachusetts Public Retirement Trust, and Ohio State Teachers Retirement Funds.
  • Represented institutional investors in over 400 US and international venture capital, private equity, distressed debt, hedge, real estate, and other alternative investment funds, and have worked with them on significant, individually managed account relationships.

Litigation & Investigations

  • Helped various broker-dealers respond to AML inquiries from FINRA.
  • Advised a large money services business on anti-money laundering requirements for new products, prepaid access, gift cards, international money transfers, and money order sales.
  • Advised a start-up money services business on transactions involving Mexican currency and financial institutions.
  • Conducted internal investigations for different broker-dealers of trading posing market manipulation and securities fraud risks.
  • Conducted enterprise-wide review of AML and OFAC sanctions compliance programs across large, complex asset management organization with broker-dealer, mutual funds, investment advisers, and private funds.
  • Developed methodologies, algorithms, and supporting documentation for a large depository institution to assess money laundering and terrorist financing risks for product and service offerings and foreign financial institution relationships.
  • Represented an international financial services company in connection with a hybrid collective action and class action alleging that the employer misclassified and failed to pay overtime to executive assistants. The plaintiff asserted her claims under the FLSA and New York wage and hour laws.
  • Successfully represented a former employee of a pre-eminent financial services industry firm charged by the SEC with violations of the securities laws in connection with the firm's sale of funds invested in subprime securities. Our team tried the case for three weeks in March 2011 before the SEC’s Chief Administrative Law Judge, who ruled in favor of our client on all charges.
  • Achieved summary judgment for a multinational corporation in a dispute regarding the sale of certain bankruptcy claims it held in the Delphi Bankruptcy proceeding. The court’s decision in this matter is significant, as it provides a guide for the operation of the multibillion-dollar trade claim market and interaction of parties in this industry. Bear Stearns Investment Products, Inc. v. Hitachi Automotive Products (USA), Inc. and Tokico (USA), Inc., 401 B.R. 598 (S.D.N.Y. 2009).
  • Advised an international financial services complex on a Congressional investigation into transactions allegedly involving US banking of foreign corruption proceeds.
  • Represented mutual funds in suits alleging excessive management fees, breaches of fiduciary duty, and other violations of the Investment Company Act of 1940, including several cases that established legal precedents in the securities area.
  • Successfully appealed the decision of the Texas Attorney General to prevent the disclosure of a multibillion-dollar private equity fund’s confidential trade secrets to a direct competitor and former employee.

Real Estate Services

  • Representation of a large state teachers’ retirement system in a joint venture for the development, financing, master leasing, and ultimate sale of the new State Street Bank headquarters in Boston’s Financial District.
  • Representation of a group of leading privately held real estate investment funds in more than 150 acquisitions and dispositions totaling over $4 billion, and in over 500 leasing transactions.
  • Represented another major financial services firm in the development of its first two data center facilities.
  • We have handled numerous matters for a real estate investment fund involving commercial real estate disputes (construction, access, lease interpretation, among others) in Chicago, Texas, Missouri, Massachusetts, Virginia, California, Maryland, and elsewhere.
  • Represented a developer and his investment group in a series of lawsuits and arbitrations resulting from disputes arising out of partnership agreements, including a $140 million mixed-use building and six other mixed-use residential and commercial facilities.
  • Serve as national leasing counsel to one of the largest financial services firms in the nation in connection with its leasing of hundreds of corporate facilities and retail locations throughout the United States as well as in the development of data centers, credit card payment processing facilities, and other specialized facilities.
  • Represented a REIT in the foreclosure of a large residential condominium conversion project in Brookline, Massachusetts.

Workouts & Bankruptcies

  • Represented numerous buyers and sellers of claims in the General Motors, Chrysler, Mirant Corporation, Enron, Delphi Automotive, and Lehman bankruptcy cases.
  • Assisted several government entities in the Lehman Brothers bankruptcy and helped clients respond to subpoenas, document requests, and general litigation.
  • Represented bondholders in restructuring of tax-exempt debt issued to finance development of military housing projects on US Air Force bases in Florida, Georgia, Arkansas, and Massachusetts.

Venture Capital & Private Equity Investor Representation

  • Represented a private equity firm in one of the largest health care transactions to take place in Massachusetts. We negotiated to protect thousands of confidential and proprietary documents submitted to the Attorney General’s Office as part of its review and approval of the transaction.

Clients We Serve

  • Angel investors
  • Companies accessing capital through private investment sources
  • Institutional investors, including universities and corporations
  • Investment banks
  • Issuers of securities
  • Mutual funds
  • Other financial investment organizations
  • Pension funds
  • Underwriters
  • Venture capital and private equity investors

Representative Clients

  • Altenex
  • Canaccord Genuity
  • Cargill
  • Clarion Capital Partners, LLC
  • HealthpointCapital
  • Massachusetts Educational Financing Authority (MEFA)
  • RockPort Capital Partners