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Scott A. Shail

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Scott Shail leads the Financial Services industry team for Parker Poe. He has represented financial institutions and other Fortune 500 clients for nearly 20 years as both in-house counsel and in private practice. As internal counsel at Wells Fargo & Co., Scott provided legal advice to multiple client groups that managed distressed and performing loan portfolios. His understanding of the internal operations of financial institutions makes him a unique and critical partner to his clients.

Scott has extensive experience in both loan originations and problem loans. His loan origination work for banks encompasses all aspects of lending secured by commercial real estate and business assets, including SBA loans. He frequently advises lenders on structuring loans and assessing alternatives that protect lenders’ rights and interests.

Prior to his position as senior counsel with Wells Fargo, Scott practiced at an international law firm in Washington, D.C., concentrating on financial matters for national and international clients. He has also served as a law clerk to the Honorable Paul Mannes, former chief judge of the U.S. Bankruptcy Court for the District of Maryland.

Representative Experience

  • Represents financial institutions in connection with the origination of large term and revolving commercial loans secured by various types of collateral, including real estate and business assets
  • Represents financial institutions in connection with the origination of term and revolving SBA loans secured by various types of collateral, including real estate and business assets
  • Successfully restructures millions of dollars’ worth of bank loans through loan modifications, forbearance agreements, deeds in lieu and collateral short sales
  • Represents creditors in all areas of bankruptcy practice in Chapter 7, 11 and 13 cases
  • Successfully defended publicly traded manufacturing company against hundreds of thousands of dollars’ worth of preference claims
  • Manages the recovery of large loan portfolios for financial institutions through real property foreclosures and deficiency actions
  • Prepares and reviews various bank policies and procedures that include fraudulent check policies
  • Successfully resolves banking litigation cases involving loan and deposit products

During his time as in-house counsel, Scott:

  • Managed multimillion-dollar bankruptcy matters in various jurisdictions involving cash collateral, DIP financing, plan confirmation and automatic stay issues
  • Managed federal and state court litigation across the United States while successfully minimizing the bank’s exposure and legal expenses
  • Prepared and reviewed bank policies, procedures and agreements implicating federal and state financial regulations
  • Successfully closed more than 50 distressed debt trades involving millions of dollars of syndicated loan exposure
  • Actively participated in various legal division projects to control the bank’s outside counsel expenses

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Memberships

  • UNC Center for Banking and Finance, Board of Advisors, March 2015-2017
  • Community School of the Arts, Governance Chair, Executive Committee, June 2015-present; Board of Directors, 2014-present
  • Appalachian State University, Walker College of Business, Department of Finance, Banking and Insurance Advisory Board, 2015-present
  • North Carolina Bankers Association, Member, 2013-2015