Main Practice Contacts

Scott G. Night
+1 214.651.5523


In the News

Haynes and Boone in Law360: Haynes and Boone Adds 3 Finance Pros in NY, Dallas

Haynes and Boone, LLP said Monday the firm has fortified its finance practice group in its New York and Dallas offices with the addition of three K&L Gates LLP attorneys who have experience in banking and energy-related commodities finance. >>

Three-lawyer Finance Team Adds Commercial Banking Capabilities to New York and Dallas Offices

NEW YORK / DALLAS – Haynes and Boone, LLP is expanding its sophisticated finance capabilities with the addition of a group of three lawyers led by a senior partner, Steven H. Epstein - a highly regarded practitioner with extensive experience representing commercial banks in complex financings, including energy-related commodities finance. >>

Eduardo Aguirre in Latin Lawyer: Haynes and Boone Hires Former US Ex-Im Vice-Chairman

Eduardo Aguirre joined the firm on 14 January as a non-legal senior adviser in Houston, where he will also assist with inbound investment, banking and finance, energy and immigration matters. >>



Recent Publications

American Bankers Association Bank Compliance Magazine Guest Article: Responding to Examination Findings

Amid the industry's efforts to emerge from the global financial crisis, banks now encounter a new era in examination management. This era is marked by continuing regulatory uncertainty, economic instability, and heightened expectations from prudential regulators. >>

CFTC Loosens Requirements for Swaps for Utility Special Entities

On March 21, 2014, the Division of Swap Dealer and Intermediary Oversight (“Division”) of the CFTC issued a no-action relief letter (the “2014 Letter”), to temporarily allow entities to deal in utility operations-related swaps, as defined in the 2014 Letter, without counting such swaps towards the “sub-limit” threshold for swap dealer registration with regard to such swaps. >>

Final FFIEC Guidance - "Social Media: Consumer Compliance Risk Management Guidance"

On December 17, 2013, the Federal Financial Institutions Examination Council (the “FFIEC”) issued the Social Media: Consumer Compliance Risk Management Guidance for financial institutions. >>

Prosecutors Obtain First RICO Conviction in a Cybercrime Case

A federal jury in Nevada recently convicted 22-year-old David Ray Camez of violating the Racketeering Influenced and Corrupt Organizations Act (“RICO”) for his association with a “carder” website, Carder.su. >>




Industry Leadership

Our partners contribute to the field through their leadership in organizations such as the:
  • American Bar Association, Business Financing Committee, Past Chair
  • International Bar Association Foundation, Inc., President
  • American Bankers Association, Compliance Executive Committee
  • American College of Commercial Finance Lawyers, Fellow
  • American Bankers Association, Legislative Liaison Advisory Committee
  • Houston Commercial Finance Lawyers' Forum, Vice Chair
  • Houston Energy Finance Group
  • Independent Producers Association of America, Capital Markets Committee
  • International Bar Association, Project Finance Subcommittee, Past Chair
  • Japan America Society of Dallas/Fort Worth, Past President
  • Opinions Law Committee, Business Law Section, State Bar of Texas
  • American Bar Association, Project Finance and Development Committee, Past Chair
  • International Law Section, State Bar of Texas, Past Chair
  • Business Law Section, State Bar of Texas, Past Chair
  • Texas Association of Bank Counsel, Former Director

Finance

Efficient, Effective, Experienced

Capital is the universal commodity of business. Adequate access to capital for operations, expansions, and restructurings is essential for any company or venture, and often the most practical solutions are financing vehicles. As business counselors who understand the long-term implications of each transaction, Haynes and Boone helps bring lenders and borrowers together at the negotiating table. We understand what our clients want, and our objective is to help them achieve their goals - efficiently and effectively.

Haynes and Boone has the technical experience and creativity to structure new and sophisticated ways to address our client’s needs as they navigate through the ever-changing maze of regulatory requirements and the complexities of today’s financing vehicles. Our finance team, which has more than 55 lawyers in Texas, New York, Washington, D.C. and Mexico City, represents domestic and foreign borrowers, domestic, international, asset-based and commercial and investment banks, non-bank credit companies, vendors, financial sponsors, private equity and hedge funds, investment funds, and venture capital funds. Having represented parties on all sides of the financing negotiation table, we are experienced in handling:

  • Acquisition and leveraged financings
  • Asset-based financings
  • Capital commitment subscription financings
  • Capital markets transactions
  • Commercial paper back-up facilities
  • Debtor-in-possession financings
  • Debt/equity hybrid transactions
  • Derivatives
  • Energy lending
  • Financial regulatory compliance
  • Financial regulatory matters
  • Government financing and investment programs
  • Leasing
  • Letter of credit facilities
  • Media and telecommunications lending
  • Middle market and private lending transactions
  • Mortgage warehouse facilities
  • Multi-currency and cross-border financings
  • Non-performing loans, workouts, and debt restructurings
  • Oil and gas reserve-based financings
  • PIPEs transactions
  • Production payment financings
  • Project finance
  • Public and private debt placements
  • Real estate finance
  • Redemption and liquidity credit facilities
  • Securitizations
  • Second lien credit facilities
  • Servicing agreements
  • Structured financings
  • Subordinated and mezzanine debt transactions
  • Syndicated investment grade and non-investment grade financings
  • U.S. inbound investment
  • Venture capital transactions

Depth and Breadth of Experience

Our technical experience in a full range of debt and capital markets products enables us to structure financings for a wide spectrum of industries, including:

  • Automotive supplies
  • Cargo and passenger airlines
  • Energy and power
  • Health care
  • Hospitality, resort, and lodging
  • Infrastructure private equity funds
  • Insurance and financial institutions
  • Manufacturing
  • Media and telecommunications
  • Mining
  • Real estate development and construction
  • Real estate private equity funds
  • Retail and restaurants
  • Sports and entertainment
  • Technology
  • Trucking

Global Reach

The Haynes and Boone team has also regularly advised and structured transactions involving Asian, Canadian, Latin American, Mexican, Russian, and European countries and currencies and has handled numerous project finance cross-border transactions involving various countries including Canada, Latin America, Mexico, Poland, Luxembourg, the Czech Republic, Bermuda, Cayman Islands, British Virgin Islands, U.S. Virgin Islands, Jamaica, Trinidad, the Bahamas, Curaçao, Puerto Rico, Hong Kong, Japan, India, Singapore, China, South Africa, Mozambique, Columbia, Brazil, Turkey, Egypt, Indonesia, the Philippines, Thailand, New Guinea, India, Iraq, England, and European countries.  

Recognized Leaders in Finance

  • Chambers USA: America’s Leading Business Lawyers, 2013, ranked Haynes and Boone as a leading United States banking and finance firm. Three of the section’s lawyers were honored as leading Banking and Finance lawyers.
  • Best Lawyers and U.S. News “Best Law Firms” Survey ranked the firm’s Banking and Finance practice National Tier 2 and the Project Finance practice National Tier 1 in its 2013 survey.
  • The Best Lawyers in America® - Banking Law recognized multiple team members as best lawyers in 2013.
  • For 2012, the Loan Pricing Corporation Law Firm League Tables (a national ranking of law firms handling syndicated loan transactions on behalf of lead arrangers, agents, or borrowers) ranked Haynes and Boone 10th in terms of total volume of syndicated loans handled by the firm on behalf of lead arrangers and 13th in total volume of syndicated loans handled by the firm on behalf of borrowers.
  • Private Equity Real Estate’s 2012 Global PERE Awards ranked Haynes and Boone among the top Asia Law Firms of the Year for transactions based on the firm’s wide-ranging 2012 representation of Asia-based lead arrangers and administrative agent banks and Asia-focused real estate funds.  
  • Private Equity Real Estate’s 2010 Global PERE Awards ranked Haynes and Boone third among North American Law Firms of the Year for fund formation and second in Asia Law Firms of the Year for transactions based on the firm’s high volume of work in capital commitment subscription financings in the two regions.
  • Private Equity Real Estate’s 2010 Global PERE Awards North American Deal of the Year category honored two transactions with second and third place respectively.
  • Private Equity Real Estate’s Global 2008 PERE Awards named Haynes and Boone among the top three Global Law Firms.

Featured Experience

Capital Commitment Subscription Financings

Haynes and Boone represents many U.S. and foreign commercial and investment banks agenting capital commitment subscription financings for private equity funds in North America, Europe and Asia. In the last two years alone, we have represented investment and commercial banks and other financial institutions as lead agent and arranger in structuring and documenting capital commitment subscription facilities with total value of more than $20 billion, to domestic and global real estate and non-real estate private equity funds.

Energy Finance 

Understanding the intricacies of the energy business and staying attuned to industry developments enables our lawyers to represent lenders, investors, borrowers, and others in a broad range of financing transactions, including oil and gas and other natural resources, electric power, and emerging renewable and alternative energy sources. Our proven understanding of the industry enables us to identify issues quickly, analyze the risks associated with operations and other aspects of the business, title and environmental liabilities, and advise both lenders and borrowers on the critical issues inherent in energy financing transactions.

Financial Regulatory 

Our Financial Regulatory lawyers possess extensive experience counseling and representing financial institutions, holding companies, and non-bank entities concerning compliance with federal and state laws. We represent clients before various regulatory agencies, such as the Federal Deposit Insurance Corporation; Board of Governors of the Federal Reserve System; Consumer Financial Protection Bureau; Office of the Comptroller of the Currency; Office of Thrift Supervision; Securities and Exchange Commission; Financial Industry Regulatory Authority; Financial Crimes Enforcement Network; and Office of Foreign Assets Control. From drafting to enactment, our lawyers follow new legislation, enabling them to help clients understand the implications of new regulations, including the complex Dodd-Frank Act.

Prime Brokerage and Equity Lending 

Our New York-based Prime Brokerage and Equity Lending Practice Group advises domestic and international financial institutions, including banks, investment banks, broker-dealers, hedge funds, private equity funds and high net worth individuals in connection with prime brokerage and finance transactions, structured products or trades, custody and collateral matters and other general prime brokerage matters, both transactional and regulatory. Our practice is comprised of lawyers from multiple disciplines across the firm, which gives our clients access to both buy- and sell-side markets, a rare and distinctive benefit that delivers access to talent, market data and information.

Projects 

Our Projects lawyers provide cutting-edge advice to clients in major domestic and foreign industrial and infrastructure projects. Their experience spans the upswings and downswings in the economic cycles of the last four decades, and a wide array of technologies and industries. Consistent with our core vision of representing clients, not merely transactions, our practice provides legal support across all major disciplines that affect a client’s investment in a project throughout its life cycle – from early-stage development and regulatory issues through mergers, acquisitions, restructurings and public offerings.

Real Estate Finance 

In this rapidly changing economy, our New York and Texas based lawyers understand and appreciate the market sensitivities and issues peculiar to companies in the real estate finance industry. We help national and international banks, other financial institutions, insurance companies, owners and users in structuring and documenting credit facilities and capital markets transactions involving real estate investment trusts, private real estate opportunity funds, the lodging industry, homebuilders, commercial real estate developers, and other owners and operators of real estate. We also represent real estate developers in a wide variety of real estate financings, including construction loans, refinancings, permanent loans and mezzanine loans in virtually each type of property use – land acquisition, multi-family, condominium, hotel, office and retail space.

Restructuring, Workouts and Recapitalizations 

With one of the largest workout practices in the country, our finance team, together with our bankruptcy team, works closely with clients dealing with debt restructures and workouts, and business reorganizations. We provide exactly the kind of resources and capabilities clients expect from a large, highly ranked, international finance practice. We have significant experience in the structuring and negotiation of complex commercial transactions involving insolvency-related issues, enabling us to secure optimum recoveries as we pursue every option from reorganization to liquidation of the debtor.