John D. Wittenberg
Practice Areas
Experience
- Commercial Finance
- Construction & Development
- Industrial Real Estate
- Investment, Leasing, & Management
- Multifamily & Residential Real Estate
- Office Real Estate
- Real Estate Acquisition & Disposition
- Real Estate Financing
Biography
John D. Wittenberg, Jr. is a partner in the firm’s Finance & Banking Practice Group and Real Estate Practice Group. John regularly counsels lenders, borrowers, landlords, tenants and other businesses in a broad range of complex commercial banking, finance, and real estate transactions. John brings a practical, business-oriented perspective to his legal practice, focusing on helping clients identify, mitigate, and manage risk in an efficient and cost-effective manner.
John advises both lenders and borrowers on a variety of leveraged finance transactions. He also has substantial experience guiding clients—including large financial institutions and community banks—through challenging economic environments and works closely with special asset groups to manage problem loans, minimize loan losses, foreclose on collateral, and manage the disposition of collateral post-foreclosure.
In addition to his banking and finance experience, John has extensive experience advising clients on all aspects of commercial real estate transactions, including the acquisition, disposition, development, and leasing of a wide range of property types. With a deep understanding of the commercial real estate market and a commitment to delivering practical, business-oriented solutions, John is a trusted advisor to developers, investors, property owners, and corporate clients. His comprehensive approach and attention to detail ensure that clients receive tailored guidance at every stage of the real estate lifecycle.
Prior to joining Jackson Walker, John served as Executive Vice President and Senior Corporate Counsel at Frost Bank (Cullen/Frost Bankers, Inc. – CFR:NYSE). In this role, he managed the legal department and provided comprehensive legal support to a diverse array of business units. John’s in-house background means that clients benefit from counsel who is attuned to the pressures and demands of running a business. He is committed to delivering value by providing legal solutions that not only address immediate concerns but also support sustainable growth and operational efficiency.
Committed to advancing access to justice, John serves on the Board of Directors of the San Antonio Legal Services Association (SALSA), guiding the organization’s strategic initiatives, fundraising efforts, and pro bono programming to ensure that low-income individuals and families in South Texas receive high-quality civil legal assistance.
Education
B.A., summa cum laude, St. Mary’s University
J.D., The University of Houston Law Center
Bar Admissions
Texas
Banking
- General legal advice and support to the following business units: commercial and consumer lending, corporate real estate, compliance, vendor management, capital markets, public funds, treasury management, marketing, and trust services.
- Advise executive management and business line leaders on the interpretation and application of federal and state banking laws, regulations, and agency guidance, including but not limited to the National Bank Act, the Bank Holding Company Act, the Federal Deposit Insurance Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act, OCC regulations, FDIC regulations, Federal Reserve regulations, CFPB regulations, and pertinent state banking statutes.
- Monitor, analyze, and communicate emerging legislative and regulatory developments affecting the bank’s operations, products, services, and corporate governance, and coordinate timely implementation of responsive policies, procedures, and controls.
- Serve as lead counsel in the structuring, documentation, negotiation, and execution of credit facilities, treasury products, capital markets transactions, vendor and technology agreements, real estate transactions, and other complex commercial arrangements, ensuring enforceability, regulatory compliance, and alignment with internal risk tolerances.
- Provide day-to-day counsel on the Bank Secrecy Act/Anti-Money Laundering (BSA/AML), Office of Foreign Assets Control (OFAC) sanctions, anti-bribery and corruption laws, fair lending, Community Reinvestment Act (CRA), consumer protection, privacy and data security, and other specialized regulatory regimes applicable to banking organizations.
- Develop and maintain template agreements, contract playbooks, and negotiation guidelines to streamline legal review and ensure consistent risk allocation across the enterprise.
- Manage legal department operations, budget, staffing, technology solutions, and outside-counsel engagement processes; develop key performance indicators and reporting metrics to demonstrate value, efficiency, and risk mitigation to stakeholders.
- Draft, review, and negotiate confidentiality agreements, nondisclosure agreements, and conflict-waiver arrangements for corporate and transactional purposes to safeguard proprietary information and client data.
- Provide training and guidance to directors, officers, and employees on legal and regulatory requirements, ethics, professional responsibility, and best practices, using tailored delivery methods and tracking participation for audit purposes.
- Maintain current knowledge of relevant case law, statutory developments, enforcement trends, and regulatory expectations; disseminate legal bulletins, host informational sessions, and update policies and procedures accordingly.
Finance
- Structure, negotiate, and document bilateral, club, and syndicated credit facilities, including revolving, term, and multicurrency loan tranches.
- Represent commercial banks, alternative lenders and borrowers in leveraged acquisition financings.
- Draft and negotiate loan documents and perfect complex collateral packages covering personal property, real estate, intellectual property and equity interests; coordinated multi-jurisdictional security filings and opinions.
- Negotiate intercreditor and subordination agreements among senior lenders, mezzanine lenders, noteholders, and asset-based lenders, addressing lien priorities, payment blocks, turnover provisions, and enforcement standstills.
- Counsel lenders and borrowers in asset-based lending transactions secured by inventory, receivables, and equipment, including borrowing-base mechanics, reserve formulations, and field audit requirements.
- Draft and render legal opinions on enforceability and security interest perfection for commercial finance transactions.
- Counsel financial institutions and corporate clients on deposit account control agreements.
- Facilitate real estate acquisition, construction, and permanent financings for office, industrial, multifamily, and hospitality assets, addressing leasehold and ground lease collateral issues.
- Negotiate participation, assignment, and risk-sharing arrangements among lending syndicate members, including LSTA-form documentation.
- Provide ongoing compliance advice regarding LIBOR transition, including drafting fallback language, rate switch amendments, and SOFR-linked facility updates.
- Represent creditors and debtors in out-of-court workouts.
- Draft, review and negotiate the following in connection with loan workouts and restructurings: pre-negotiation loan modification agreements; payment deferral agreements and forbearance agreements.
- Conduct non-judicial foreclosures and secured party sale transactions and manage the disposition of OREO (other real estate owned) assets post foreclosure.
Real Estate
- Extensive experience representing clients in the acquisition, disposition, and leasing of commercial real estate, including office, retail, industrial, and mixed-use properties.
- Draft, review, and negotiate purchase and sale agreements, commercial leases, easements, and other real estate contracts.
- Conduct due diligence investigations, including title and survey review, zoning analysis, and environmental assessments.
- Advise clients on real estate financing transactions, including loan documentation, refinancing and amendments.
- Assist with the formation and structuring of real estate joint ventures, partnerships, and limited liability companies.
- Represent landlords and tenants in complex lease negotiations, amendments, and terminations.
- Manage real estate closings, including coordination with title companies, lenders, and other parties.
- Advise on property tax matters, including appeals and exemptions.
- Experience with 1031 like-kind exchanges and other tax-deferred real estate transactions.
- Negotiate and draft construction contracts and development agreements.
- Represent clients in commercial real estate workouts, restructurings, and foreclosures.
- The Best Lawyers in America (Woodward/White Inc.), 2024-2025
- Banking and Finance Law, 2024-2025
- Real Estate Law, 2024-2025
- “Best S.A. Lawyers” List, Real Estate Transactions, San Antonio Scene, 2020-2024
Publications
Speaking Engagements
- Presenter, “Real Estate Aspects of Business Expansion; Office Leasing,” Association of Corporate Counsel, South Central Texas Chapter CLE, “San Antonio’s Changing Skyline: Legal and Other Developments In Finding and Contracting for Your Facilities” (March 2023)
- “What Businesses Should Know About Applying for a PPP Loan Before the March 31st Deadline,” Jackson Walker Fast Takes Podcast (March 10, 2021)
- “What’s Next for the Paycheck Protection Program?,” Jackson Walker Fast Takes Podcast (July 2, 2020)
- State Bar of Texas – Real Estate, Probate & Trust Law Section
- San Antonio Bar Association – Real Estate Law Section
- American Bar Association – Real Property, Trust & Estate Law Section
- Southwest Association of Bank Counsel, Member
- San Antonio Legal Services Association (SALSA), Board Member
- Real Estate Council of San Antonio, Member
- University of Houston Law Alumni Association, Member
- Catholic Bar Association, Member
May 30, 2025
Newsletters
JW Belonging & Inclusion Newsletter – May 2025
View Jackson Walker’s May 2025 Belonging & Inclusion Newsletter, Perspectives.
August 15, 2024
Attorney News
‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”
The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.
September 18, 2023
Attorney News
‘Scene in S.A.’ Recognizes Jackson Walker Attorneys in 2023 “Best S.A. Lawyers” List
Jackson Walker congratulates the 44 practicing attorneys in the San Antonio office who were included in Scene in S.A.’s 2023 “Best S.A. Lawyers” list. In its 19th year, the “Best S.A. Lawyers” list presents attorneys across 80 distinct practice areas who were nominated by fellow licensed, practicing attorneys of Bexar County.
August 17, 2023
Attorney News
‘The Best Lawyers in America’ Honors 287 Jackson Walker Attorneys in 2024 Edition, Including 12 “Lawyers of the Year” and 80 “Ones to Watch”
The Best Lawyers in America has recognized 287 Jackson Walker attorneys across 5 offices and 82 specialty practice areas in its 2024 edition, including 12 Lawyers of the Year and 80 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (66 attorneys) and Real Estate Law (60 attorneys) and the addition of 35 attorneys as Best Lawyers.
March 15, 2023
Insights
An Overview of US Government Actions After Closures of Silicon Valley Bank and Signature Bank
By John Wittenberg
This article provides a brief synopsis of the failures of Silicon Valley Bank and Signature Bank, NA and the actions taken by the U.S. government in response to these failures.
September 6, 2022
Attorney News
‘Scene in S.A.’ Recognizes Jackson Walker Attorneys in 2022 “Best S.A. Lawyers” List
Jackson Walker congratulates the 42 practicing attorneys in the San Antonio office who were included in Scene in S.A.’s 2022 “Best S.A. Lawyers” list.
July 27, 2021
Newsletters
Labor & Employment Dispatch: July 2021
The June 2021 issue of Jackson Walker’s Labor & Employment Dispatch features insights on President Biden’s antitrust executive order, the COVID-19 Hate Crimes Act, the 87th Texas Legislature, new guidance on PrEP coverage and retirement plans, the EB-5 Immigrant Investor Regional Center Program, ransomware attacks, and more.
July 14, 2021
Attorney News
‘Scene in S.A.’ Recognizes 38 Jackson Walker Attorneys in 2021 “Best S.A. Lawyers” List
In its 17th year, the “Best S.A. Lawyers” list presents attorneys across 80 distinct practice areas who were nominated by fellow licensed, practicing attorneys of Bexar County. The survey takes the voters for each attorney into account, including where the voter works, their practice area, and how many years they have practiced.
July 9, 2021
Insights
Paycheck Protection Program (PPP) Update – SBA Withdraws Loan Necessity Questionnaire
From April 2020 through May 31, 2021, the Paycheck Protection Program provided approximately 12 million loans totaling nearly $800 million that helped businesses keep their workforce employed during the COVID-19 crisis. This article addresses matters related to the PPP Loan Necessity Questionnaire, which the Small Business Administration has since withdrawn.
Practice Experience
Banking
- General legal advice and support to the following business units: commercial and consumer lending, corporate real estate, compliance, vendor management, capital markets, public funds, treasury management, marketing, and trust services.
- Advise executive management and business line leaders on the interpretation and application of federal and state banking laws, regulations, and agency guidance, including but not limited to the National Bank Act, the Bank Holding Company Act, the Federal Deposit Insurance Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act, OCC regulations, FDIC regulations, Federal Reserve regulations, CFPB regulations, and pertinent state banking statutes.
- Monitor, analyze, and communicate emerging legislative and regulatory developments affecting the bank’s operations, products, services, and corporate governance, and coordinate timely implementation of responsive policies, procedures, and controls.
- Serve as lead counsel in the structuring, documentation, negotiation, and execution of credit facilities, treasury products, capital markets transactions, vendor and technology agreements, real estate transactions, and other complex commercial arrangements, ensuring enforceability, regulatory compliance, and alignment with internal risk tolerances.
- Provide day-to-day counsel on the Bank Secrecy Act/Anti-Money Laundering (BSA/AML), Office of Foreign Assets Control (OFAC) sanctions, anti-bribery and corruption laws, fair lending, Community Reinvestment Act (CRA), consumer protection, privacy and data security, and other specialized regulatory regimes applicable to banking organizations.
- Develop and maintain template agreements, contract playbooks, and negotiation guidelines to streamline legal review and ensure consistent risk allocation across the enterprise.
- Manage legal department operations, budget, staffing, technology solutions, and outside-counsel engagement processes; develop key performance indicators and reporting metrics to demonstrate value, efficiency, and risk mitigation to stakeholders.
- Draft, review, and negotiate confidentiality agreements, nondisclosure agreements, and conflict-waiver arrangements for corporate and transactional purposes to safeguard proprietary information and client data.
- Provide training and guidance to directors, officers, and employees on legal and regulatory requirements, ethics, professional responsibility, and best practices, using tailored delivery methods and tracking participation for audit purposes.
- Maintain current knowledge of relevant case law, statutory developments, enforcement trends, and regulatory expectations; disseminate legal bulletins, host informational sessions, and update policies and procedures accordingly.
Finance
- Structure, negotiate, and document bilateral, club, and syndicated credit facilities, including revolving, term, and multicurrency loan tranches.
- Represent commercial banks, alternative lenders and borrowers in leveraged acquisition financings.
- Draft and negotiate loan documents and perfect complex collateral packages covering personal property, real estate, intellectual property and equity interests; coordinated multi-jurisdictional security filings and opinions.
- Negotiate intercreditor and subordination agreements among senior lenders, mezzanine lenders, noteholders, and asset-based lenders, addressing lien priorities, payment blocks, turnover provisions, and enforcement standstills.
- Counsel lenders and borrowers in asset-based lending transactions secured by inventory, receivables, and equipment, including borrowing-base mechanics, reserve formulations, and field audit requirements.
- Draft and render legal opinions on enforceability and security interest perfection for commercial finance transactions.
- Counsel financial institutions and corporate clients on deposit account control agreements.
- Facilitate real estate acquisition, construction, and permanent financings for office, industrial, multifamily, and hospitality assets, addressing leasehold and ground lease collateral issues.
- Negotiate participation, assignment, and risk-sharing arrangements among lending syndicate members, including LSTA-form documentation.
- Provide ongoing compliance advice regarding LIBOR transition, including drafting fallback language, rate switch amendments, and SOFR-linked facility updates.
- Represent creditors and debtors in out-of-court workouts.
- Draft, review and negotiate the following in connection with loan workouts and restructurings: pre-negotiation loan modification agreements; payment deferral agreements and forbearance agreements.
- Conduct non-judicial foreclosures and secured party sale transactions and manage the disposition of OREO (other real estate owned) assets post foreclosure.
Real Estate
- Extensive experience representing clients in the acquisition, disposition, and leasing of commercial real estate, including office, retail, industrial, and mixed-use properties.
- Draft, review, and negotiate purchase and sale agreements, commercial leases, easements, and other real estate contracts.
- Conduct due diligence investigations, including title and survey review, zoning analysis, and environmental assessments.
- Advise clients on real estate financing transactions, including loan documentation, refinancing and amendments.
- Assist with the formation and structuring of real estate joint ventures, partnerships, and limited liability companies.
- Represent landlords and tenants in complex lease negotiations, amendments, and terminations.
- Manage real estate closings, including coordination with title companies, lenders, and other parties.
- Advise on property tax matters, including appeals and exemptions.
- Experience with 1031 like-kind exchanges and other tax-deferred real estate transactions.
- Negotiate and draft construction contracts and development agreements.
- Represent clients in commercial real estate workouts, restructurings, and foreclosures.
Recognition & Accolades
- The Best Lawyers in America (Woodward/White Inc.), 2024-2025
- Banking and Finance Law, 2024-2025
- Real Estate Law, 2024-2025
- “Best S.A. Lawyers” List, Real Estate Transactions, San Antonio Scene, 2020-2024
Publications & Speeches
Publications
Speaking Engagements
- Presenter, “Real Estate Aspects of Business Expansion; Office Leasing,” Association of Corporate Counsel, South Central Texas Chapter CLE, “San Antonio’s Changing Skyline: Legal and Other Developments In Finding and Contracting for Your Facilities” (March 2023)
- “What Businesses Should Know About Applying for a PPP Loan Before the March 31st Deadline,” Jackson Walker Fast Takes Podcast (March 10, 2021)
- “What’s Next for the Paycheck Protection Program?,” Jackson Walker Fast Takes Podcast (July 2, 2020)
Community Involvement
- State Bar of Texas – Real Estate, Probate & Trust Law Section
- San Antonio Bar Association – Real Estate Law Section
- American Bar Association – Real Property, Trust & Estate Law Section
- Southwest Association of Bank Counsel, Member
- San Antonio Legal Services Association (SALSA), Board Member
- Real Estate Council of San Antonio, Member
- University of Houston Law Alumni Association, Member
- Catholic Bar Association, Member