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Corporate and Financial Services
Avila Rodriguez Hernandez Mena & Ferri LLP has a comprehensive Corporate and Financial Services Practice that is distinguished by the strength and depth of its lawyers. We offer our clients a wealth of experience combined with strong technical expertise and a deep understanding of the issues that can affect our client’s day to day business operations. The lawyers in our Corporate and Financial Services Practice have represented private and public companies, governments, and international and regional financial institutions in a variety of transactions in the U.S. and throughout the world. All of our lawyers are fluent in Spanish and regularly conduct negotiations and draft documents in the Spanish language. Substantial areas of our practice include:
Regulatory Practice
We regularly counsel domestic and foreign financial institutions in all aspects of their operations and activities. Our lawyers have extensive experience in all aspects of regulatory counseling and representation before financial institution regulatory agencies, including the Federal Reserve, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Florida Office of Financial Regulation, as well as regulatory agencies in other jurisdictions. We have represented numerous institutions in the filing and processing of regulatory applications, including international applications and applications for de novo bank charters, changes in bank control and complex bank holding company formations.
International Banking Practice
ARHM&F’s international banking practice is comprehensive, both in terms of clients and the range of legal services provided. We have vast experience in the representation of foreign banks desiring to establish or expand banking operations within the United States. In this regard, we have represented numerous foreign banks in establishing operations in the United States. Through years of experience, our lawyers have developed significant expertise in dealing with the myriad of issues
which invariably arise when a foreign bank decides to enter or expand its operation in the United States.
Money Services Businesses, Broker-Dealers and Other Financial Entities
We have developed a strong practice in advising money services businesses, including money transmitters, check cashers and stored-value card issuers, and other financial entities, including broker-dealers, mortgage brokers and lenders in all aspects of their businesses. These businesses confront unique issues relating to compliance and developing products. Our attorneys provide licensing advice, as well as on-going legal advice to these types of businesses.
BSA and USA Patriot Act Compliance
Our attorneys are frequent lecturers on BSA/AML and the USA Patriot Act at Florida and national anti-money laundering conferences and seminars. As a result of the depth of experience in these critical areas, we are well-suited to provide representation in matters relating to anti-money laundering laws and regulations, as well as in assisting our clients in developing and implementing effective compliance programs. We have also represented numerous clients in defending against regulatory enforcement actions and negotiating enforcement orders (including memoranda of understanding, cease and desist orders and civil monetary penalties) with key regulators, including FINCEN, the Federal Reserve and the FDIC. We also have experience in representing independent board of director members and committees in connection with enforcement actions. Further, ARHM&F’s attorneys assist bank and other financial service clients in developing and implementing action plans to address and remedy compliance deficiencies.
Financing Transactions
ARHM&F represents financial institutions and other companies in connection with the negotiation and documentation of complex secured and unsecured commercial credit transaction. We have the knowledge and experience necessary to handle any financing transactions. Our lawyers have handled virtually every facet of lending transactions, including multi-million dollar loans secured by a wide variety of collateral, such as inventory and accounts receivable, securities, loan portfolios, aircraft, equipment, intellectual property, real property and other collateral. More significantly, our experience and creativity allows us to develop the appropriate structure and documentation to address the problems and issues which invariably arise in complex financing transactions.
Joint Ventures, Mergers & Acquisitions
Our lawyers have represented numerous companies in connection with acquisitions and cross-border M&A transactions in Latin America. We have particular expertise in the representation of foreign companies and individuals seeking to acquire U.S. interests. We can handle all aspects of an acquisition transaction, including the negotiations on the appropriate structure, the drafting of the definitive agreements, the due diligence investigations, and the closing of the transaction. We have worked extensively in Latin America and have developed excellent working relationships with the major law firms in virtually every country in the region.
Taxation & Estate Planning
We assist domestic and foreign individuals and entities in devising and implementing appropriate tax planning in connection with U.S. and foreign investment and business operations which minimize the tax impact while meeting the client’s commercial objectives. We also advise clients in connection with pre-immigration planning, expatriation, international tax compliance and reporting matters and other international tax matters. Our knowledge of U.S. income tax treaties is essential in advising clients doing business with or residing in U.S. treaty-partner countries.
We also represent domestic and international clients in connection with their estate planning needs. We have experience in preparing a wide range of estate plans, from traditional wills and trusts for modest estates to more sophisticated plans for clients interested in maximizing estate and transfer tax savings. We also assist clients in connection with probate and guardianship administration matters, domestic and foreign trusts and international wealth management.
Real Estate
Our real estate practice includes expertise in various aspects of real estate finance transactions including acquisition financing, construction and development of commercial and residential real estate projects, affordable housing and community corporation projects. We represent domestic and foreign entities and financial institutions in connection with investment, acquisition, divestment and related matters.
Contracts
We have extensive experience in drafting and negotiating a variety of commercial agreements, including distribution agreements, agency agreements, joint venture agreements, supply agreements and independent contractor agreements. In addition, because of the depth and breadth of our transactional experience, together with our practical business knowledge, we have helped clients in memorializing a variety of transactions and structures with the proper agreements.
Litigation, Arbitration and Dispute Resolution
ARHM&F's litigators have extensive experience in a variety of commercial and international litigation matters. Our approach to litigation is centered on the client's objectives and its overall business strategy. We understand that litigation oftentimes has strategic implications beyond the case at hand and we assist our clients in considering "big picture" effects while focusing on the details necessary to be successful in the courtroom. We often assist clients in litigation prevention strategies by advising on operational matters and in managing and supervising all aspects of multi-jurisdictional disputes for some of our multi-national clients. Our litigation team has successfully prosecuted and defended complex civil and commercial cases at the state, federal and appellate levels, including breach of contract cases, whistleblower cases, business torts and fraud cases, class actions and a variety of negligence actions. Our very experienced group of arbitration specialists also routinely represents our clients in domestic and international arbitrations and mediations conducted in the United States and in various foreign jurisdictions under the rules of the ICC, AAA, ICDR, IACAC and UNCITRAL.
Our litigators have particular expertise in coordinating, managing, and supervising all aspects of multi-jurisdictional litigation and international arbitration, securing injunctive and other interim relief in the U.S. and in foreign jurisdictions, enforcing foreign judgments and arbitral awards in the U.S. and vice versa, determining the most favorable applicable law and resolving conflicts between the laws of multiple interested jurisdictions, obtaining evidence in foreign jurisdictions for use in U.S. forums and vice versa, selecting effective and capable foreign local counsel to meet the specific needs of the client and engaging effective industry and foreign law experts.
Immigration, Nationality and Consular Law
ARHM&F's immigration practice is composed of a team of experienced attorneys and paralegals, representing clients at a national level and on a wide range of immigration, nationality and consular law issues. We handle all aspects of immigration matters, such as consular representation at U.S. consulates throughout the world, and formulate migratory strategies, process cases, and represent clients before the U.S. Citizenship and Immigration Services (USCIS), the Departments of State (DOS) and Labor (DOL).
We handle all types of immigration matters and have represented clients ranging from the largest multinational corporations to numerous individual clients. We service both foreign and domestic corporate clients needing to transfer personnel to the U.S., as well as individuals from the four corners of the world. These include well-known entertainers, entrepreneurs, professionals, persons who possess extraordinary ability, investors, and those looking for a life in the U.S. or to be united with family members in the U.S. This diversity of representation, both in scope of business and geographical location, gives us an insight into the best approach on any given matter in the field of immigration.
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