What We Do
Our first priority is to serve clients and build lasting, mutually beneficial relationships. Our goal is to continually provide excellent legal services that build value in our clients’ business ventures, and we are honored to partner with them through the ups and downs of the life cycles of their businesses.
While other firms may boast a broad array of practice areas, we have chosen to narrow our focus to the following practice areas to ensure we offer our clients the highest quality representation for their unique legal issues. Our practice areas are naturally complex, and best left to attorneys like ours with a genuine penchant for their specific niche.
- Bankruptcy & Restructuring
- Commercial Litigation
- Corporate & Securities
- Corporate Finance
- Intellectual Property
Our team includes professionals with experience and insight into the following industries, which we employ collaboratively to better serve clients. And, where lessons can be learned and parallels drawn, we transfer these particular skills and experiences to other areas as our clients grow.
- Commercial Real Estate
- Financial Services
- Food, Beverage & Agriculture
- Transportation & Industrial
Bankruptcy & Restructuring
Rivera Law Firm, Inc. has a nationally recognized practice representing both asset-based and cash-flow lenders, equipment finance lenders and trade creditors whose commercial customers have filed for bankruptcy protection.Creditors of financially troubled companies, face critical decisions about how to restructure debt, liquidate collateral on their own, or resolve issues through a court-supervised process. These decisions will determine whether lenders will emerge from the process with their debts repaid and their customers in a place of financial strength and stability.
The path to financial viability – through the court or not – can be convoluted. Often times, there are no good options, and steering clients through the process requires a creative and innovative approach. Rivera Law Firm, Inc. attorneys are fluent in the complexities of representing creditors in chapters 7, 11, 12, 13 of the Bankruptcy Code - having gained such fluency through decades of representing lenders across the country in bankruptcy cases. We are also adept at documenting workout transactions and bankruptcy plans and claims.Our attorneys use their substantial litigation experience to successfully litigate adversary proceedings in bankruptcy court.Similarly, our fluency in the uniform commercial code enables our attorneys to draft workout and repayment agreements that are flexible and robustly protect our clients. Our keen knowledge of both the Bankruptcy Code and the Uniform Commercial Code enables us to effective negotiate optimal solutions to the most vexing problems that arise in insolvency situations.
Our firm also has attorneys with experience representing companies in financial distress, both inside and outside of bankruptcy, as well as investors looking for opportunities to purchase a distressed business or certain assets of the company.
We assist our clients with the full spectrum of matters which can arise with distressed credits, including:
Out-of-court workouts, forbearance agreements and loan modifications
Lockbox and collateral account agreements
Deeds-in-lieu of foreclosure
Voluntary surrender and foreclosure agreements
Confessions of judgment and stipulated judgments
Assignment for the benefit of creditors
Replevin/claim and delivery
Article 9 foreclosures and other remedies
Lien priority analysis and priority disputes
Lender liability defense
DIP (Debtor in Possession) lending
Adequate protection stipulations
363 sale hearings
Proof of claims and claim objections
Disclosure statement objections
Plan objections and confirmation hearings
Parties in preference and fraudulent transfer actions
Fraudulent transfer actions
Bankruptcy trustees in litigation and transactional matters
Debtors in a wide variety of financial restructurings
Restructuring credit lines
Restructuring floor plan financing
Restructuring mortgages & leases on real estate
Distressed M&A (i.e., purchase and sale of business or assets inside and outside of bankruptcy, including at foreclosure or receivership sales)
Post-judgment discovery and collection
Stalking horse bidders and other bidders in 363 bankruptcy sales
Our litigation attorneys are skilled trial attorneys who achieve difficult wins in complex cases. While we love to take things through a verdict and are successful against the largest opponents, we understand that litigation can have a huge impact on your business. Our legal, business and technical experience helps us to see the big picture, and we counsel clients on the likelihood of various outcomes to help them make informed decisions about expending resources (both in time and money) to pursue or defend a case.When it is time to act, we are savvy and tough, leveraging our firm’s deep trial and litigation experience and access to advanced technology and research tools. As such, we’re a perfect fit for clients looking for a staunch advocate in their corner and an effectively modernized approach to legal matters.
Asset Financing and Recovery
Bank vs. Bank Litigation Lien Prioritization
Bankruptcy Law Disputes
Business Dispute Resolution
Commercial Mortgage Foreclosure
Complex Mortgage Fraud
Contract and Enforcement
Limited Liability Company Agreements
Corporate Shareholder Derivative Actions
Dissolutions (“Corporate Divorces”)
Breach of Non-Circumvention Agreements
Corporate & Securities
Companies need capital and talent. To make their money grow, investors need to own a piece of a common enterprise filled with talented people. Both need each other, but both have asymmetrical information and risk, so relationships and reputation are everything to keep the circle of talent and capital flowing. Agreements become a proxy for trust between the parties and clarify how relationships will be judged.Regulators also seek to build trust in the market at large by creating uniform standards, but the diversity of modern commerce makes this task nearly impossible. The system we have is a set of strict rules that are ever-changing to stay ahead (or react to) the cleverness of bad actors. Investors and companies alike need counsel with the experience to navigate through rule-driven laws and to be able to draft and negotiate strong agreements.
Our firm has represented businesses, financial institutions and private investors in connection with various investment vehicles, including issuances of preferred stock, warrants and convertible debt. We also advise clients in the areas of business structuring and formation, venture and angel financing, securities offerings, corporate finance and general corporate and business law matters. Our attorneys are regularly asked to participate in board meetings and counsel directors on fiduciary duties and other legal matters.
Debt and Equity Fundraising
Early stage and emerging growth companies
Executive Compensation and Employee Benefits
Partnerships and Joint ventures
Private Equity and Venture Capital Investing
Mergers and Acquisitions
Securities and Private Placements
Outside General Counsel and Business Counseling
Technology Transactions & Licensing
Company executives face greater workloads managing their teams as opportunities and threats happen both internally and externally. Clients need to know that their counsel will understand the motivations of all parties, instinctively know how things might playout in a situation, and provide sound advice towards a solution.
We strive to be the firm of choice for clients with respect to their most challenging legal issues, most significant business transactions and most critical disputes. We’re known for representing companies throughout their business life cycles, for understanding the challenges they face and for providing the practical business advice they need. As such, clients view us as key business advisors who provide much more than legal advice. We use both our legal and business experience to handle day-to-day legal matters in a practical and efficient manner.
We also work frequently with other law firms to resolve the especially complex legal questions their clients present. When appropriate, we tap the excellent relationships we maintain with other professional organizations, including various accounting firms, financial institutions and private equity groups to help clients achieve their goals.
M&A and joint venture activity from strategic buyers and partners continues to flow due to large cash reserves, availability of credit on favorable terms, uncertain regulatory compliance costs, and opportunities to capture market share or to access intellectual property talent. Opportunities in information technology, financial technology (“FinTech”), agricultural tech (“AgTech”), the internet of things (“IoT”), medical, consumer, food, and beverage are particularly great. Client value practitioners who understand their industry to anticipate issues, who have a feel for what motivates people to move a deal forward, and then who can work as a team to capture all of the sophisticated nuances in documents.
Our mergers and acquisitions services span the entire transaction lifecycle. We perform due diligence investigations, strategize legal structures, confer with colleagues to consider tax and accounting ramifications and funding sources, prepare and negotiate deal documentation, confidentiality agreements, letters of intent, exclusivity agreements, disclosure schedules, third party consents, stock/asset purchase agreements, and transition services agreements. Over the years, we’ve worked on public and private deals, asset sales and stock sales, sell-side and buy-side engagements.
New rules are continually changing the old business of borrowing and lending. These new rules stem from market competition, increasing regulation, and technology. Everyone involved needs to keep up with what’s market for common terms as well as what financial product innovations and laws are on the horizon while also never losing sight of the commercial context of a deal. That means keeping each transaction structured as simply and expeditiously as possible, consistent with our clients’ needs.
Our lawyers provide lenders and borrowers with sophisticated counsel in a wide variety of financing transactions.
Intellectual property accounts for a majority of most company’s total enterprise value. With the rapid pace of technological change and competitor forces, though, intellectual property does not retain its value without matching effort. Practicing intellectual property law is a bit of an art that requires forward-thinking creativity to optimize the legal, technical, and business prongs underlying every valuable piece of intellectual property.
Rivera Law Firm, Inc. counsels its clients with the licensing, acquisition, sale, protection and commercialization of intellectual property rights and assets, whether based in copyright, trademark, patent or trade secret law. We develop intellectual property growth strategies with our clients, advise them on whether and when to seek registration of intellectual property assets, and support the early stages of intellectual property-related disputes. We also focus in the drafting, review and negotiation of intellectual property-related transactions for software and a wide array of other technology products and services.
Trademark Preparation and Enforcement
Trademark Infringement Litigation
Copyright, Trade Secret and Technology Protection
Patent and Trademark Licensing
Noncompete and Confidentiality
Technology Transactions and Licensing
USPTO Trademark Office Actions
Financial services is an extremely competitive industry in which rates and spreads are shrinking, and risks are growing more difficult to manage. To generate returns, clients operate in distinct markets and seek new platforms to reach customers and operate more efficiently. Firms require skilled, hands-on legal support to navigate everything from transactions, to financing and credit matters, to syndications, to bankruptcy proceedings and foreclosures, to commercial litigation involving borrower disputes, asset collection and much more. We also have extensive experience representing banks in bankruptcy and insolvency proceedings involving aircraft. We collaborate closely with corporate counsel to spot legal issues early and avoid the often costly complications that develop when such issues are missed or ignored.
Equipment Financing and Leasing
Equipment, Vehicles and Facilities
Including Aviation Equipment, Automobiles, Buses, Trucks, Tractors, Trailers, Computer Equipment, Energy/Power/Petroleum/Chemical Facilities Manufacturing, Office Equipment, Equipment Brokers, Insurers
Leveraged Lease Financing
Vendor Leasing Programs
Angel and Venture Capital
Software as a Service (SaaS) Collateral
Bankruptcies, Workouts, Restructuring and Insolvency
Mergers & Acquisitions
Contract and Vendor Negotiations and Disputes
Litigation and Dispute Resolution
Technology is moving at an ever-increasing pace. Through distributed communication platforms, talented and creative designers, developers and inventors have more access now to other technologies and talent. This makes it easier to develop a genius solution and gain traction to disrupt a once successful incumbent company or established way of doing things.
As money and talent flow into innovative companies, entrepreneurs and investors must think strategically about their how their company is structured, when investments are taken, and how intellectual property is protected. These decisions will affect companies' ability to scale up, to commercialize IP, to attract future funding and to grow or successfully launch a new idea or “exit” the business.
The lawyers at Rivera Law Firm, Inc. understand that speed, adaptability, and in-depth knowledge are paramount, and we bring this to bear when protecting our clients’ intellectual property and drafting and negotiating technology transactions and licenses.
Trademark Prosecution and Enforcement
Designer, Developer, Inventor IP Assignment Agreements
Copyrights Prosecution and Enforcement
Trade Secret Procedures
Software as a Service (SaaS) Agreements
Transportation & Industrial
Aviation, Business Aviation & Aircraft Financing
Equipment Financing and Leasing
Transactional and Litigation
Aircraft Acquisition or Sale
Acquisition Financing (for Aviation Equipment, Automobiles, Buses, Trucks, Tractors, Trailers)
Leveraged Lease Financing
Vendor Leasing Programs
Aircraft Management and Operation
Fractional Ownership Programs
Structuring and Restructuring of Business Aviation Assets
Aviation Workouts and Repossessions
Manufacturing & Machinery
Rivera Law Firm, Inc. provides cost-effective guidance on all aspects of manufacturing finance, and related distribution, inventory maintenance, floor plans, and consignment agreements. Likewise, contract enforcement, including covenants not to compete and the protection of proprietary information is an area where Rivera Law Firm, Inc. can be of particular help.
Oil & Gas (Downstream)
Our extensive background in oil & gas and related downstream operations arises out of the preparation of security agreements, consignment agreements, marketing agreements, warehousing agreements, inventory agreements, distribution agreements, and related transport agreements. Likewise, we provide advice and guidance regarding the perfection of an interest in extracted oil, and navigate through the applicable state specific laws. A frequent misperception in the oil industry is that title to product is always of paramount importance. For example, “title and risk of loss” remains with the owner of the product until it passes a designated flange. However, pursuant to 9-202 of the UCC title to collateral is usually immaterial as to the financing aspect of oil and gas as collateral. We also provide guidance on letter of credit issues, and have given advice on letters of credit of up to $300,000,000.
Rivera Law Firm, Inc. represents lenders in making operating loans and equipment loans to commercial trucking companies. We can prepare all the documents to consummate the operating loan or the financing of equipment for the trucking company, including any asset-based loan agreements, equipment lease agreements, equipment financing agreements, TRAC leases, and conditional sales contracts. Likewise, we prepare equipment delivery & acceptance agreements, prefunding agreements, maintenance escrow agreements, risk sharing agreements, insurance agreements, and other related documents. Similarly, when Federal Motor Carrier Safety Administration (FMCSA) regulation issues arise we provide guidance. We have extensive knowledge of Articles 2, 2A, 7 and 9 of the Uniform Commercial Code and extensive experience in locating and recovering trucks and trailers. Our experience is particularly useful when the nuances of the bankruptcy code are involved. We have litigated recovery of assets and pay-back of trucking industry loans in more than 20 states. Likewise, warehouseman liens, garageman liens, mechanics liens, and the like are a frequent source of frustration for lenders seeking recovery of trucking assets, and Rivera Law Firm, Inc. has extensive expertise in the nuances of such laws and provides practical approaches to negotiating with the third-parties demanding payment prior to turnover of the truck or trailer.
Rivera Law Firm, Inc. represents clients in buying, selling and leasing of aircraft as well as related aircraft financing and refinancing, financial restructuring, and recovery of aircraft. To this end, we assist clients in evaluating aircraft title and lien issues, negotiate escrow terms, assist in the appraisal process, and conduct closings including to ensure proper filing of documents for registration and perfection.
We represent aircraft owners and lien holders in disputes with insurance companies, and have extensive experience generally in navigating the complexities of insurance coverage issues. We also have extensive experience representing of banks in bankruptcy and insolvency proceedings involving aircraft. For example, we represented the Sr. Lender in the Turnaround Management Association’s 2013 Small Company Turnaround of the year. We forced an aircraft ambulance company into chapter 11, worked on restructuring including a 363 sale followed by receipt of seven figure lump sum payment to the Sr. Lender plus re-wrote the remainder of debt for payment over time (with de minimus cram down). For more information, view full page.