Our Practices
For complex needs requiring deep subject matter knowledge and experience, AVILA provides sound representation for effective resolution of legal matters across several
general practice areas. We break down silos to leverage knowledge across our firm to our clients’ benefit.
BANKING & FINANCE
AVILA’s banking and financial services clients have come to depend on the firm’s understanding of the industry, the law and their experience in dealing with regulators to help them survive and thrive in the marketplace. Domestic and international banks and money services businesses look to AVILA to help them with every aspect of their business, including their day-to-day
regulatory, compliance, contract and financing issues. From asset-based loans, lending and factoring to mortgage brokering and capital raises and investments, AVILA has the depth and sophistication to counsel clients on a range of complex matters.
- FINANCING
- REGULATORY MATTERS
- LICENSING, CORPORATE, MERGERS & ACQUISITIONS
- FINANCIAL SERVICE PROVIDERS
- Acquisition Finance
- Aircraft Financing
- Asset Based Loans
- Broker-Dealer and Registered Investment Advisors
- Cross-Border Lending and Trade Finance
- EXIM Bank Financing
- Factoring Arrangements / Sales of Accounts Receivable
- Infrastructure GAP Financing
- ISDA/Swap Arrangements
- Letters-of-Credit
- Real Estate Secured Financing
- Secondary Market Transactions
- Secured and Unsecured Lending
- SWIFT Transactions
- Syndications and Participations
- Trade Finance (including EXIM Bank Financing)
- Consumer Compliance
- Dodd-Frank Act
- Enforcement Actions
- Federal Reserve, OCC and FDIC Regulations
- Golden Parachutes
- KYC, BSA, AML and OFAC Compliance
- State Regulations
- Transactions with Affiliates
- Usury Laws
- Bank Holding Companies
- Bank Mergers, Acquisitions and Sales
- Capital Raises and Investments
- Cross-border Mergers & Acquisitions
- Day-to-Day Legal Matters
- De Novo Banks
- Director Liability
- Establishment of Branches, Agencies and Rep Offices in the State of Florida
- Foreign Bank Presence in U.S.
- Holding Company Related Issues
- Independent Board Counsel
- IT and Vendor Relations
- Registrations and Licenses
- Broker-Dealer Regulation
- Check Cashers
- Consumer Finance
- Money Services Businesses Licensing and Regulation
- Money Transmitters
- Mortgage Brokers
- Payment Instrument Sellers
- Registered Investment Advisors
- Retail Installment Sellers
- Stored Value Card Issuers
- Stored Value Card Issuer Licensing and Regulation
REPRESENTATIVE MATTERS
- Represented group of foreign investors in the acquisition of Espirito Santo Bank from the Portuguese bank, Banco Espirito Santo. AVILA is handling all matters related to the acquisition, including due diligence, negotiation of the purchase agreement, U.S. regulatory filings and all other transactional matters.
- AVILA is serving as lead counsel to Chilean bank, Banco de Crédito e Inversiones, S.A. (“BCI”) in connection with its $882.8 million acquisition of City National Bank of Florida from Spanish bank Bankia, S.A. AVILA is handling all U.S. related matters for BCI in connection with the acquisition, including due diligence, negotiation of the purchase agreement, U.S. regulatory filings and all other transactional matters.
- Represented Caja Madrid, one of the largest financial institutions in Spain, in the purchase of 83% of the stock of the parent company of City National Bank of Florida, the second oldest bank in Miami, for a purchase price of US $927,000,000. The deal valued City National Bank of Florida at US $1.1 billion.
- Represented foreign investment fund in connection with its US $175,000,000 equity and debt investment in a U.S. based hospitality group owning multiple high-end resort and condominium projects throughout the United States and the Caribbean.
- Represented lender with an $111,000,000 gap financing transaction involving the assignment of certain rights under a construction contract with the Florida Department of Transportation. The project was the first of its type in Florida.
- Represented a large Latin American financial institution in connection with their borrowing of a $325,000,000 syndicated interbank credit facility from a European syndicate.
- Represented the shareholders of Union Credit Bank in the sale of a controlling interest to the Apollo Group.
- Represented numerous foreign banks in establishing representative offices, agencies and branch offices in the United States.
- Represented a number of Spanish financial institutions in connection with U.S. regulatory issues arising from integration and consolidations transactions in Spain.
- Represented major Latin American bank in establishing a broker dealer affiliate in the U.S.
- Represented numerous domestic and foreign banks in regulatory enforcement actions.
Corporate, Mergers & Acquisitions
In a global economy, AVILA’s transactional attorneys find viable solutions to help multinational and domestic clients understand and minimize risk from contract negotiation through closing the deal and beyond. AVILA has a comprehensive transactional practice to counsel entities operating in and outside of the U.S. The AVILA corporate team has closed M&A and financing transactions totaling
close to $3.0 Billion Dollars since 2012 in varying industry sectors. The firm regularly works on transactions in which client’s counterparties are represented by AmLaw 25 law firms. AVILA has extensive experience in drafting and negotiating a variety of commercial agreements, including vendor agreements, referral and agency agreements and joint venture agreements.
- MERGERS & ACQUISITIONS
- BUSINESS MATTERS
- CORPORATE STRUCTURE
- Capital Raises, Recapitalization and Investments
- Commercial Financing
- Cross-border and Domestic Mergers, Acquisitions and Sales
- Due Diligence & Independent Investigations
- Foreign Investment in U.S. Business
- Investment in Foreign Business by U.S. Clients
- Joint Venture Arrangements
- Day-to-Day Legal Matters
- Distribution, Supply and Manufacturer Relationships
- Employee Matters
- Financing Transactions
- Independent Contractor Arrangements
- Non-Competition Agreements
- Regulatory and Licensing Matters
- Vendor Relationships
- Annual Maintenance of Entity
- Corporate Governance
- Structure Planning Based on Tax, Liability and Strategic Considerations
- Foreign Investment in U.S.
- Formation and Structure of U.S. Business for Foreign Clients
- Formation of Corporations, Limited Liability Companies and Partnerships
- Resolutions, Consents, Powers of Attorney and Other Authorizations
- Shareholder Matters
REPRESENTATIVE MATTERS
- Represented Guernsey-based GoldenPeaks Capital Real Estate, an investment and management company, during its recent acquisition of the luxury SLS South Beach Hotel, a 140-room beachfront hotel with three restaurants, including The Bazaar by José Andrés, Katsuya by Starck, The Terrace, Bar Centro, and the famed Hyde Beach club located in Miami Beach, Florida.
- AVILA represents Pensam in all aspects of its business, from facilitating financing and investments in Pensam itself to structuring its joint ventures and investment vehicles, to handling asset and real property acquisitions in a variety of different contexts.
- AVILA represented 13th Floor Investments in its joint venture with Miami-based Mast Capital and Connecticut-based Wexford Capital and $29,500,000 cash acquisition of a nine-story office building in Miami overlooking Dinner Key Marina and zoned for a condominium or mixed-use tower. AVILA’s representation in this matter related primarily to negotiating all aspects of the joint venture including operating documents and fee arrangements
- Continually represent G4S, plc, the world’s largest private security solutions provider, and serve as outside regional counsel for the Latin America and Caribbean Region, advising on a variety of transactions and issues that arise from the management of subsidiaries in 22 countries.
- Represented G4S, plc in $54,000,000 sale of 100% of the shares of G4S Secure Data Solutions S.A.S., headquartered in Bogota, Colombia, and Colombia’s largest records management company, and G4S Document Delivery S.A.S. AVILA acts as Regional General Counsel for Latin America for G4S. Working with G4S in-house counsel, AVILA led the deal negotiations from term sheet to closing.
- AVILA represented Soares da Costa America, Inc., the U.S. subsidiary of a Portuguese construction services company in the sale of its wholly owned subsidiary, Prince Contracting, LLC, to Dragados Construction Inc., a Spanish construction company.
- Represented Seller in connection with the sale of a Latin America-based internet business in the amount of $18,000,000.
- Represented Seller in connection with a sale of foreign subsidiaries valued at $10,000,000.
- Represented Borrower in a $35,000,000 asset-backed financing transaction.
- Represented Purchaser in multiple aircraft acquisition transactions, each valued at over $50,000,000.
- Represented a foreign investment fund in connection with its U.S. $60,000,000 equity and debt investment in a U.S. based hospitality group owning multiple high-end resort and condominium projects throughout the United States and the Caribbean.
- Represented Magna Capital (Buenos Aires) in its first US investment – a $175,000,000 capitalization of The Gencom Group, one of the largest owners of Ritz-Carlton flagged hotels.
- Represented Eidico Turismo (Buenos Aires), in its first US investment – the acquisition of a majority interest in an entity owning “The Lord Balfour” hotel, a boutique hotel on South Beach’s Ocean Drive.
Immigration
Companies around the world often look to the United States for market expansion and growth opportunities. As such, we are adept at navigating the U.S. immigration regulatory process and formulating strategies for clients’ multinational operations transferring personnel to the U.S. AVILA’s immigration team has extensive experience in assisting foreign and domestic businesses and can handle all aspects of immigration
matters such as consular representation and representation of clients before the U.S. Citizenship and Immigration Services (USCIS), the Department of State (DOS), and the Department of Labor (DOL). AVILA represents foreign and domestic corporate clients, as well as individuals from around the world seeking to immigrate to the United States.
- EMPLOYMENT-BASED NONIMMIGRANT VISAS
- FAMILY-BASED IMMIGRATION
- H-1B and H-1B1
- L-1
- E-1 and E-2
- O and P
- TN
- I-130
- I-485
- K1, K-2, K-3, K-4
REPRESENTATIVE MATTERS
- Employment-Based Nonimmigrant (H/L/E/O/P/TN Visas)
- Immigrant Visas, Labor Certification/PERM
- Family-Based Immigration (I-130′s / I-485s / K-Visas)
- Naturalization
- Representation at U.S. Embassies/Consular Offices Abroad
Litigation & Arbitration
At AVILA, we work with clients to audit, assess and determine best practices to help them gain knowledge and minimize risk. For high-priority and multi-jurisdictional matters, clients don’t have time to be unsure. Clients need efficiency and results. AVILA’s Litigation & Arbitration Practice represents businesses, banks, directors and investors in a wide range of business disputes, including commercial litigation, arbitration,
mediation and investigations, as well as foreign and cross-border disputes. AVILA pursues practical objectives and aggressive strategies to meet clients’ business objectives in defending and prosecuting commercial disputes pending before federal and state courts and international arbitration panels. AVILA also represents clients in corporate investigations, regulatory and government investigations and forfeiture cases.
- COMMERCIAL LITIGATION
- ARBITRATION
- REAL ESTATE LITIGATION
- Breach of Contract
- Business Torts
- Class Actions
- Corporate Dissolutions
- Corporate & Government Investigations
- Director & Officer Liability
- Enforcement of Judgments
- Fraud and Civil Theft
- Injunctions
- International Disputes
- Lost Profits
- Punitive Damages
- Regulatory Enforcements
- Trade Disputes
- Trademark Infringement
- UCC Disputes
- Advocates & Arbitrators
- Enforcement of Awards
- Foreign, Domestic, International and Multi-Jurisdiction
- ICC, AAA, ICDR, IACAC and UNCITRAL Rules
- International Trade Disputes
- Spanish and English Proceedings
- Americans with Disabilities Act
- Assignment of Rents
- Commercial Foreclosures
- Developers
- Evictions & Leases
- Hotel Operations
- Interstate Land Sales Act
- Investors & Managers
- Lender Liability
- Mortgage Fraud
- Purchase & Sale Agreements
- Real Estate Disputes
REPRESENTATIVE MATTERS
- Represented several real estate developers in a multitude of lawsuits with purchasers of pre-construction units in several prominent condominium developments in Miami, dealing with federal and state disclosure and consumer protection laws.
- Represented several banks in commercial foreclosure matters.
- Represented U.S. Department of State contractor in connection with disputes before the Civilian Board of Contract Appeals under the Contract Disputes Act.
- Assisted in the representation of a former vice president of an international brokerage firm against the former employer before the American Arbitration Association involving failure to pay commissions and spreads pursuant to a contractual agreement on credit-linked note transactions. Following four days of final hearings, the Panel awarded a monetary judgment of almost $1,000,000.
- Assisted in the representation of foreign client against an international banking institution in a federal court matter involving unauthorized fraudulent wire transfers from the client’s account totaling almost half a million dollars. On the eve of the trial, defendant reached a resolution involving the return of the principal amount, plus payment of attorney’s fees and costs.
- Represented a partner in a breach of partnership agreement dispute before the American Arbitration Association. Following a final hearing, the Panel awarded a monetary judgment of half a million dollars, including punitive damages, which was upheld during confirmation proceedings in the circuit court.
- Assisted in causing the vacation and eventual voluntary dismissal of several final judgments totaling nearly $2,000,000 against a debtor in bankruptcy after a single deposition.
- In a trademark infringement dispute involving an infringing webpage, successfully obtained a lock down and denial of access of the infringing webpage after service of a cease and desist letter on webpage hosting provider and infringing party.
- Successfully provided pro bono representation to an indigent civil litigant through The Volunteer Lawyers’ Project for the Southern District of Florida involving wrongful termination and discrimination claims against his former employer.
- Represented large multinational company in complex information technology litigation, including in a successful evidentiary hearing regarding complex e-discovery disputes.
- Represented large multinational company in defending lawsuits concerning product defects and warranty claims.
- Represented corporate client in successfully defeating class action certification and lawsuit.
- Represented financial institution in defending a complex dispute with a developer and contractor concerning the foreclosure of an incomplete project and allegations of lender liability.
- Represented several financial institutions in connection with several types of federal investigations and subpoenas.
- Represented large multinational company in an arbitration and federal litigation involving the international shipment of goods.
- Represented local company in successfully managing multiple litigation cases, work outs, and debt restructurings to avoid bankruptcy.
Real Estate, Zoning & Land Use
AVILA attorneys have significant experience representing buyers, sellers, developers, and lenders in a broad range of complex real estate transactions involving various types of projects. These include commercial properties such as hospitality, retail, office, industrial, and mixed-use developments, as well as luxury residential projects. AVILA’s attorneys represent clients in connection with acquisitions, development, divestment, leasing and related matters. They also represent financial institutions and
have experience involving distressed assets and workouts. The firm’s lawyers are accustomed to managing the multiple components of complex commercial real estate transactions and counseling clients through each phase of a project or transaction. Our attorneys also strive in guiding our clients through progressively complex land use regulations. We provide a straight-forward approach to the complicated process of government approvals and entitlement procurement.
- ACQUISITIONS & SALE TRANSACTIONS
- LEASING
- FINANCING
- LOAN SERVICING
- CONSTRUCTION
- LAND USE
- Acquisitions & Dispositions
- Commercial Loans
- Distressed Assets
- Headquarter Buildings
- Hotel & Resort Properties
- Mixed Use Projects
- Multifamily Projects
- Office Projects
- Retail Projects
- Shopping Centers
- Tax Deferred Exchanges
- Vacant Land
- Headquarter Leasing
- Anchor Tenant Leasing
- Ground Leasing
- Industrial Leasing
- Office Leasing
- Retail Leasing
- Acquisition Loans
- Refinancing Loans
- Asset Based Loans
- Bridge Loans
- Construction Loans
- Intercreditor Agreements
- Loan Participations
- CMBS Loans
- SBA Loans
- Mezzanine Financing
- Tax Deferred Exchanges
- Loan Assignments & Assumptions
- Loan Sales & Purchases
- Loan Workouts
- Architect and Engineer Contracts
- Construction Contracts & Financing
- Construction Management Agreements
- Subcontract or Contracts
- Architectural Review and Landmark Designations
- Comprehensive Planning
- Concurrency Management
- Development Entitlements & Permitting
REPRESENTATIVE MATTERS
- Represented Guernsey-based GoldenPeaks Capital Real Estate, an investment and management company, in its acquisition of the luxury SLS South Beach Hotel, a 141-room beachfront hotel with three restaurants, including The Bazaar by José Andrés, Katsuya by Starck, The Terrace, Bar Centro, and Hyde Beach Club located in Miami Beach, Florida.
- Represented real estate investment firm in connection with the acquisition of multifamily properties throughout the U.S. with an aggregate value of over $900,000,000.
- Represented Argentine investor in $175,000,000 capitalization of The Gencom Group, one of the largest owners of Ritz-Carlton flagged hotels, and undertaking all property diligence and renegotiation with senior and mezzanine lenders (including Lehman Brothers) for several Ritz-Carlton hotels in Florida and around the U.S. The Firm was awarded “Dealmaker of the Year” by the Daily Business Review for its work on this transaction.
- Represented Marriott International Capital Corporation in connection with $123,000,000 permanent financing for the Ritz Carlton Hotel, Key Biscayne (Miami), Florida.
- Represented Pensam Capital, a Miami-Based real estate investment firm, in a $73,000,000 acquisition of six multifamily properties located in central and north Florida, South Carolina and Iowa totaling 1,570 apartments.
- Represented lender in connection with its participation in a $50,000,000 loan for construction of a hotel and parking garage in West Palm Beach, Florida adjacent to the existing Palm Beach County Convention Center.
- Represented real estate investment firm in connection with the acquisition of multifamily properties throughout the U.S. with an aggregate value of over $700,000,000.
- Represented lender in connection with a $10,075,000 mortgage financing with respect to the purchase of hotel facilities and multiple hotel condominium units in Bal Harbour, Florida.
- Represented lender in connection with a $10,000,000 loan for construction of a hotel in Doral, Florida.
- Represented an investor group from Buenos Aires in connection with the acquisition and renovation of 63-room boutique hotel on Ocean Drive (Miami Beach), Florida.
- Represented a group of investors in the acquisition of a marina and related operations in Key Largo, Florida. AVILA handled the due diligence investigation, negotiation of the purchase and financing documents and the closing aspects of the transaction.
- Represented purchaser of boutique hotel in Miami Beach, Florida.
- Represented purchaser of Ramada Inn and Hampton Inn hotels in Naples and Orlando Florida.
- Representation of tenant in negotiation of build-to-suit lease agreement for 120,000 square foot corporate headquarters in Doral, Florida.
- Representation of owner of Class A Office Building in the Brickell Avenue market in connection with commercial leases.
- Representation of dental care provider in connection with commercial leases throughout the State of Florida
- Representation of foreign bank in connection with corporate headquarters in Coral Gables, Florida.
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