Clark, Thomas & Winters is among a limited number of full-service law firms in the nation with an interdisciplinary group of attorneys serving the legal issues facing credit unions. The Credit Union practice group is dedicated to staying informed and educating itself about the issues that credit union clients encounter in their daily operations, the traditional and innovative consumer financial products that credit unions must offer to stay competitive, and the constantly changing regulatory environment in which credit unions operate. This insider’s view of these unique organizations enables the firm's attorneys to provide our credit union clients with sound legal advice, practical counseling, and personalized service.

FOCUS AREAS

Regulatory Compliance

Our attorneys continually monitor the ever–changing federal and state laws and regulations that directly affect credit union operations as well as the products and services offered to their members. We assist our clients in reviewing and developing policies and business practices that are in step with current regulations.

Contract Review and Negotiation

The firm regularly assists credit unions in evaluating, negotiating, and documenting a wide variety of business transactions with various vendors and service providers in the financial services industry. Our familiarity with the credit union industry allows us to identify issues within contracts that are unique to credit unions and to provide practical and efficient advice and solutions to address those issues within contracts.

Commercial Litigation and Dispute Resolution

The firm's litigation attorneys frequently represent credit unions in claims involving their members, including collections, sequestration, and other extraordinary relief. We also assist credit unions in responding to garnishments, subpoenas, and other actions seeking member information, while ensuring compliance with state and federally mandated privacy rights. The firm frequently advises credit union clients on disputes involving previous business partners, such as enforcing obligations under vendor agreements, negotiating the termination of such agreements, and dispute resolution utilizing litigation or alternative means such as arbitration or mediation.

Governance

The firm provides advice on the responsibilities of the board of directors of our credit union clients and the liabilities of officers and directors in managing the operations of credit unions.

CUSOs

Our attorneys provide advice to clients forming or investing in Credit Union Servicing Organizations (CUSOs). Our attorneys are knowledgeable about the regulations governing the operations of a CUSO and frequently counsel and advise clients on the corporate structure to use to create a CUSO. Our attorneys assist clients in evaluating investment in a multi-credit union-owned CUSO, on the risks inherent in investing in such a venture, and on how to protect their interests in these types of organizations. We also provide representation of credit unions regarding their ongoing rights and responsibilities as a member of a CUSO. Additionally, we provide services directly to CUSOs in areas such as contract review and negotiation.

Employment Issues

The firm represents credit unions in all types of employment-related litigation, including non-competition and trade-secret litigation, workplace harassment and discrimination claims, and breach of contract claims. Our attorneys represent employers before various administrative agencies such as the Equal Employment Opportunity Commission, the Texas Commission on Human Rights, and the Texas Workforce Commission. In addition, our attorneys assist credit unions with the review and drafting of employee handbooks and personnel policies and continuously advise and counsel clients on employee hiring, discipline, wage and hour, and termination issues. They often provide harassment and discrimination training to credit union employees and managers.

Real Estate

Our attorneys assist credit unions in navigating the intricacies of a broad range of commercial real estate transactions and the individual aspects of these transactions, including acquisitions, dispositions, financing, sales, leases, title and survey, land development, easements, land use, workouts, and a variety of other real estate topics.

State and Federal Examinations

The firm provides counsel and advice to credit unions as they prepare for state and federal examination by their regulators. Through on-going participation in national and state conferences and relationships with credit union industry leaders, our attorneys have access to up-to-date information about the issues that are most pressing in the minds of state and federal regulators.

Tax Compliance

Our attorneys provide advice on a variety of tax matters, such as operating subsidiaries like CUSOs, UBIT issues, and compliance with federal and state tax requirements.

Trusts & Estates

The firm's Wills, Probate, and Family Wealth Planning attorneys regularly work with credit unions when issues arise involving estates, trusts, and fiduciary matters, including the defense and prosecution of claims arising out of trust and estate administration and breach of fiduciary responsibilities.