*SWABC Members use Promo Code SWABC0812 at check out to apply your discount.*
*Zoom link and materials will be sent to participants the afternoon before the event (8/11). If you RSVP the night before or morning of, you will receive the information approximately one hour before the event.*
*This event will be submitted for 1 hour of CLE credit. If you would like any other CE credits requested, please e-mail [email protected]*
Presenters: Kyle Owens & Mark Silverman, Dykema
Join Kyle Owens and Mark Silverman from Dykema as they discuss legal principles governing enforcement of commercial real-estate and CMBS loans, creditor strategies and tactics, the impact of Covid-19 on loans and loan enforcement, and the current state of the market
Kyle Owens is a Texas-based attorney who helps successful businesses understand and comply with their legal obligations and resolve their conflicts. He focuses his practice on regulatory compliance, litigation, and arbitration. Kyle has extensive experience working with clients in the Financial Services industry, including banks, credit unions, mortgage lenders, auto-finance lenders, credit-card issuers, loan servicers, and securities firms. D Magazine named Kyle to its “Best Lawyers in Dallas” list in 2020.
Before joining Dykema, Kyle was Associate General Counsel at a Top 10 U.S. bank and its lead lawyer for multiple lines of business. In that role, he partnered with executive teams and served as a legal, regulatory, and risk management counselor to all levels of the business. Kyle has deep experience providing practical guidance to financial institutions regarding the laws and regulations applying to them, including the Truth in Lending Act (TILA)/Regulation Z, the Real Estate Settlement Procedures Act (RESPA), the Equal Credit Opportunity Act (ECOA)/Regulation B, the Fair Housing Act (FHA), Fair Lending, the Fair Credit Reporting Act (FCRA), the Expedited Funds Availability Act (EFAA)/Regulation CC, Regulation M, the Electronic Fund Transfer Act (EFTA)/Regulation E, E-SIGN, the Fair Debt Collection Practices Act (FDCPA), the Dodd-Frank Act’s prohibition on unfair, deceptive, or abusive acts and practices (UDAAP), the Telephone Consumer Protection Act (TCPA), the Flood Disaster Protection Act (FDPA), Regulation W, the Uniform Commercial Code (UCC), and a wide variety of state laws and regulations.
Before going in-house, Kyle practiced complex commercial litigation and arbitration at a large international law firm. In addition to advising financial institutions on various matters, he has litigated, arbitrated, and negotiated resolutions in a wide range of disputes in Texas and beyond, including contract, lending, securities, investment, insurance, probate, and trust matters. Kyle has arbitrated multiple disputes before the Financial Industry Regulatory Authority (FINRA), the American Arbitration Association, and the International Centre for Dispute Resolution. He is admitted to practice in all Texas state and federal courts and the United States Court of Appeals for the Fifth Circuit.
Mark Silverman is a creative and out-of-the box thinker practicing in the areas of creditors’ rights, loan workout, bankruptcy, and loan enforcement on behalf of large, mid-sized, and small banks, financial institutions, fintech companies, and the nation’s largest CMBS special servicers. Mark is a member in Dykema’s Chicago office where he is a co-team leader of the Firm’s Commercial Mortgage-Backed Securities Special Servicer Group, Chair of the Firm’s nationwide Technology Advisory Committee, and is a valued member of the Firm's Financial Industry Group.
Mark’s practical and pragmatic approach allows him to aggressively and efficiently advise his clients in connection with:
-complex loan enforcement matters relating to ABL, C&I and specialty finance credits both in and outside of bankruptcy court
-asset-based and non-asset-based loan workouts
-post-judgment collection matters
-equity and real property receiverships
-lender liability defense litigation
-fraudulent conveyance litigation
-breach of fiduciary duty litigation
-complex commercial litigation
-class action litigation
Mark’s significant commercial foreclosure and workout experience spans many sectors including hospitality and hotel, retail shopping centers and strip malls, commercial office and mixed-use centers, multi-unit apartment and condominium complexes, busted residential developments, medical facilities, industrial, golf courses, and airports.
Mark helps his creditor clients navigate negotiating loan sales, negotiating forbearance agreements, liquidating collateral, assignments for the benefit of creditors, 363 sales, foreclosure sales, and other loan restructuring issues. He also regularly advises clients on litigation risk and bankruptcy implications of ABL, C&I, and CRE loan transactions.
Mark also has experience helping Financial Technology (FinTech) companies steer through complex litigation relating to a broad range of issues, including the enforcement of Terms of Service Agreements, Merchant Agreements, and Uniform Commercial Code issues, among others.
Prior to joining Dykema, Mark was a judicial extern with the Honorable Arlander Keys in U.S. District Court for the Northern District of Illinois.
Mark has also been recognized by Illinois Super Lawyers as a Rising Star in the field of Creditor Debtor Rights, Business Litigation and Bankruptcy since 2015.