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Meet Our Professionals

Scott A. Shail

Partner
Board of Directors of the Firm
Charlotte | 704.335.9086
Fax | 704.334.4706

Scott Shail has represented financial institutions, Fortune 500 companies, and other clients for approximately 25 years as both in-house counsel and in private practice. His colleagues have recognized his leadership and business acumen, as he serves on Parker Poe's board of directors and led the firm's Financial Services Industry Team for nearly 10 years. Clients rely on Scott for those same traits and his collaborative approach.

Scott has extensive experience in both loan originations and workouts. His loan origination work for banks and private-credit firms encompasses all aspects of lending secured by commercial real estate and business assets. He frequently advises lenders on structuring loans and assessing alternatives that protect lenders' rights and interests, including the use of syndicated lending and derivative contracts such as swaps. His deep experience with loan workouts enables him to offer proactive, strategic advice on the front end of transactions.

Scott's approach is informed by his tenure as senior counsel at Wells Fargo & Co., where he provided legal advice to multiple client groups that managed distressed and performing loan portfolios. His understanding of the internal operations of Fortune 500 companies makes him a unique and collaborative partner to his clients. He has also teamed up with clients to earn a Yellow Belt Certification in Legal Lean Sigma® and Project Management from the Legal Lean Sigma Institute. He and his colleagues at Parker Poe hosted clients for that two-day course

In addition to financial services, Scott has helped clients in manufacturing, education, and other industries navigate their legal needs.

Scott is passionate about serving on boards. His experience includes serving on finance and business advisory boards for UNC School of Law and Appalachian State University.

Earlier in his career, Scott practiced at an international law firm in Washington, DC, concentrating on financial counsel 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

  • Represented 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.
    • $70 million construction loan for a 270-unit multifamily project in Jacksonville, Florida.
    • $62 million construction loan for a 336-unit multifamily project in Morrisville, North Carolina.
    • $56 million refinance loan for a car dealership in Winston-Salem, North Carolina. 
    • $55 million construction loan for a 351-unit multifamily project in Summerville, South Carolina.
    • $31 million construction loan for a 194-unit apartment complex in Durham, North Carolina.
    • $23 million construction loan for a retail shopping center in Charleston, South Carolina.
    • $23 million construction loan for a 201-unit multifamily project in Greenville, South Carolina.
  • Advised financial institutions as lenders under various syndicated credit facilities.
  • Counseled financial institutions on swap derivatives to hedge against risks tied to interest rate fluctuations. 
  • Advised financial institutions on the phaseout of LIBOR and transitioning to an alternative interest rate index. 
  • Successfully restructured millions of dollars’ worth of bank loans through loan modifications, forbearance agreements, deeds in lieu, and collateral short sales.
  • Represented 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.
  • Managed the recovery of large loan portfolios for financial institutions through real property foreclosures and deficiency actions.
  • Prepared and reviewed various bank policies and procedures that include fraudulent check policies.
  • Helped clients across industries navigate a variety of legal needs. 

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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Honors & Awards

  • The Best Lawyers in America in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2020-2024

Memberships

  • Appalachian State University, Walker College of Business, Department of Finance, Banking and Insurance Advisory Board, 2015-2023
  • Arts+ (formerly known as Community School of the Arts), Governance Chair, Executive Committee, June 2015-2020; Board of Directors, 2014-2020
  • UNC Center for Banking and Finance, Board of Advisors, March 2015-2017
  • North Carolina Bankers Association, 2013-2015