JOHN PICKERING is a Partner in the firm's Birmingham office. He concentrates his practice on banking and financial services regulation, commercial lending, factoring, and secured transactions, and real estate lending and development. He also is a member of the firm's Credit Crisis Group, a special team of lawyers working on challenges created by the current disruptions in the credit and other capital markets. His clients include large and small banks, commercial finance companies, and other businesses, and he assists them with various types of transactions, procedures, regulatory compliance, and new product development. Mr. Pickering has experience in the following areas: Commercial Lending: Lender and borrower representation on asset-based credit facilities; form document development and drafting for asset based lending and factoring; UCC Revised Article 9 implementation Real Estate Lending and Development: Lender, borrower and letter of credit bank representation on real estate loans and municipal bond and taxable note (“lower floater”) transactions for development of multi-family housing (including Low-Income Housing Tax Credit projects), residential subdivisions, churches, warehouses and office buildings; developer representation in land acquisition and subdivision development - Leasing: Review and negotiation of commercial real estate leases
- Usury: Multi-state analysis and planning for commercial usury compliance
Anti-Money Laundering: USA PATRIOT Act and anti-money laundering compliance for financial institutions Payment Systems: New product launch, agreement drafting and dispute resolution (including Check 21, paper checks, credit cards, debit cards, payroll cards, automated clearinghouse transfers, and electronic bill presentment) Software Licensing: Review and negotiation of software licenses and technology service contracts for banks and other users Privacy: Compliance for banks and other financial institutions Electronic contracting: Creation of enforceable electronic contracts under Uniform Electronic Transactions Act and federal “E-Sign” legislation Consumer Lending: Form and operations review for consumer lending compliance Bank Branching: Bank representation in branching applications and issues
Representative Experience
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$25,000,000 Ex-Im-guaranteed credit facility by bank client to European government to finance purchase of US-manufactured aircraft
• Sale of international loan portfolio by bank • Acquisition of $80,000,000 portfolio commercial financing company by private equity fund client (credit and compliance issues) • Acquisition of $20,000,000 portfolio medical receivables finance company (credit and compliance issues) • Renegotiation by commercial finance company client of $110,000,000 working capital line of credit with group of five lenders • Launch of new payroll card product for bank client • Procedure development for bank client for implementation of UCC Revised Article 9 • Letter of credit underwriting and issuance by bank client in taxable note financing for development of $19,000,000 medical office building • Financing of Low-Income Housing Tax Credit multi-family housing contruction by bank client • Negotiation of contract with account aggregation service provider for bank client • Tracking of USA PATRIOT Act regulations for non-traditional financial institution concerned about regulatory impact
PROFESSIONAL ACTIVITIES
- Alabama State Bar
- The Federalist Society, Past-President, Birmingham Lawyers Chapter
- American Bar Association, Banking Law Vice Chair, Joint Task Force on Deposit Account Control Agreements (2003-Present)
- Alabama Law Institute, Committee on Uniform Electronic Transactions Act (2000)
RECENT PUBLICATIONS
Speaking Engagements
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July 01, 2005
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November 01, 2004
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- The University of Texas School of Law, J.D., 1995, Associate Editor, Texas Law Review.
- Vanderbilt University, M.B.A., 1992
- Vanderbilt University, B.A., 1990, magna cum laude; Phi Beta Kappa; Omicron Delta Kappa.
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Pam Lee
Legal Assistant
(205) 488-5477
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Gail Lucas
Paralegal
(205) 488-5416
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