Four Otterbourg Attorneys Featured in Q&A with The Secured Lender on the Firm’s History of Advising the Secured Finance Industry
January 8, 2025
January 28, 2025
The Secured Lender spoke with Otterbourg partners Dan Fiorillo, Allen Cremer, Pauline McTernan and Lena Surilov about the firm’s “secret to success over the past 100 years, what lenders should look out for in 2025 and possible implications of the election.”
When asked about the makeup of the firm’s culture that has led to its longevity and success, Fiorillo narrowed it down to “consistency” – he explained how Otterbourg has “been able to maintain a high level of sophistication and expertise within a midsized firm.” McTernan added that Otterbourg is composed of those who are “intellectually stimulated and interested in keeping abreast of the new movements and what’s new and interesting.” Cremer and Surilov further added that the firm’s attorneys have truly mastered their specialties and treat each other like family.
In response to a question about what issues lenders should be concerned about this year, Cremer explained that ABL lenders, along with their counsel, “should continue to be mindful of the unique nature of revolving loans and terms loans and the different stress points.” Fiorillo followed with the notion that “results of certain deal structuring issues” may soon become apparent. He referenced one particular case in which the firm is involved, the Chapter 11 case of American Tire Distributors, where Otterbourg saw “firsthand one of the Serta provisions being litigated over in connection with DIP financing provided by an ad hoc group of term loan lenders.” McTernan focused on the hotspot that is the Fifth Circuit and how other circuits are coming into play, while Surilov mentioned she is expecting an increase in defaults.
Finally, the attorneys were asked whether they see the recent election results having any influence on their clients and/or practice. All in all, the four are in agreeance that they certainly will, particularly, noted Fiorillo, with regard to tariffs, interest rates, and regulations. McTernan added that she’ll be closely watching for the “jurisprudence of Trump-appointed judges,” While Cremer emphasized the anticipated regulatory rollback, especially in ESG. Surilov concluded by noting that while tax is going to be a big issue and ESG initiatives might “take a back seat,” Otterbourg is “well positioned for 2025 and beyond as [it is] diverse as a firm and well positioned for all types of borrowers and lenders.”
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