FINANCIAL INSTITUTION ADVISORS

At Caldwell East & Finlayson (CEF), we understand the critical role that financial institutions hold in providing essential financial services to individuals, businesses, and third parties.  Financial institutions must address a wide range of legal questions on a daily basis, often being asked to make decisions with complex information and in a short amount of time.   We also understand the changing character of “money” and the changing methods customers use to access it.   CEF offers timely access to knowledgeable attorneys who can help address the questions that bank staff asks every day.   

Full-Service Bank Support

Our attorneys have experience in a variety of areas related to financial institutions, including:

  • Real Estate: Loan documentation, negotiation of commercial loans and security agreements, title issues 

  • Corporate and finance: Financial covenants, formation of entities, and forensic review of entity ownership

  • Trusts, estates, and guardianships: Trust modifications, will contests, and fiduciary litigation

  • Cybersecurity/technology: Forensic investigations, technology, document retention, wire fraud, check fraud, ACH transfers, and elder fraud

  • Oil and gas: All aspects of mineral and land ownership, lease negotiation, surface use agreements, and production allocation agreements

  • Bank litigation: Lender liability disputes, bank fraud, and Uniform Commercial Code issues, title and real estate disputes, and collection actions

  • Bankruptcy and asset restructuring: Collection, defensive and offensive litigation, receiverships, and out-of-court business liquidations

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Banking, Trust AND Estate Litigation

David West has more than 35 years of experience representing financial institutions in disputes involving lending and lender liability, check kites, ACH and wire fraud, Uniform Commercial Code questions, property disputes, and trust and estates disputes. In addition to litigation practice, David is a trusted advisor to banks on the rights of parties in accounts, powers of attorney, bank fraud and Uniform Commercial Code issues. Email: DWest@CEFlegalsa.com Telephone: 210.228.3646

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Real Estate, corporate, finance

Chris Clark has more than 30 years of experience as a business transaction attorney on both the lending and the borrowing side of transactions.  His expertise includes negotiating loans, security agreements, financial covenants, forensic review of entity ownership, and experience with ALTA title issues.  In addition to his law practice, Chris has acted as an Adjunct Professor in the Department of Business Administration at Trinity University. Email: CClark@CEFlegalsa.com Telephone: 210.228.3638

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cybersecurity, technology

For more than 15 years, Karen Monsen has created and overhauled document retention programs, and provided cybersecurity services, forensic investigations, and related training in a variety of industries, including banking, technology, telecommunications, finance, and utilities. Karen has negotiated major technology vendor agreements.  She has over 20 years’ experience advising on employment policies and disputes, employment agreements, litigation avoidance, legal compliance, confidentiality, and general risk management. Email: KMonsen@CEFlegalsa.com Telephone: 210.225.1655

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Tax, Estate Planning, trusts

J. Alex Garcia has over 20 years of experience as a tax, estate planning and probate attorney. His expertise also includes trust and estate administration, and business transactions. J.Alex holds an L.L.M. in taxation law. J. Alex assists bank on a range of questions regarding estates, tax, trusts, and IRAs. Email: JAGarcia@CEFlegalSA.com Telephone: 210.228.3647

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Litigation, Collections

Eddie Ramirez is a 10-year attorney whose primary practice is focused on civil litigation. His expertise includes trial strategy and preparation, legal research, negotiations, and an extensive motions practice. Much of Eddie’s practice is focused on collections and ensuring the prompt payment of amounts due to his clients.  Additionally, Eddie has significant experience analyzing title and lease documentation for the oil and gas industry. Email: ERamirez@CEFlegalsa.com Telephone: 210.228.3622

Confidentiality, data security

Mike Shields (USAF Colonel (ret)) provides legal advice on confidentiality and data security. Prior to his legal career he served for 26+ years in the areas of intelligence, cyber operations, and classified information.  In the military, Mike worked collaboratively to develop data security strategies ensuring the protection of classified data, just as financial institutions must develop strategies to protect confidential customer data in today’s high-tech financial environment. Email: MShields@CEFlegalSA.com Telephone: 210.228.3655

Account Counsel 

This program allows bank staff to contact legal counsel to address questions regarding customer accounts, including: 

  • Access, rights, and interests in accounts, including business entities, POD provisions, joint accounts, accounts for minors, and accounts for elderly persons;

  • Online transactions, including ACH or wire transfers;

  • Potential fraud involving accounts (check kites, wire and ACH fraud, and exploitations of elders);

  • Probate, trusts, guardianships, and powers of attorney; and

  • Litigation process, including counsel regarding investigations, review of subpoenas, compliance with post-judgment discovery, receiverships, liens, and levies.

Contact David West for more information about Account Counsel. Email: DWest@CEFlegalsa.com Telephone: 210.228.3646