John D. Wittenberg
John D. Wittenberg, Jr. is a partner in the Firm’s San Antonio office and is a member of the Finance and Real Estate Practice Groups. He joined Jackson Walker in January 2020. John regularly represents and counsels financial institutions and businesses (including borrowers and equity sponsors) on a wide variety of complex commercial finance and real estate transactions. Given his prior experience as in-house counsel for a large commercial bank, John takes an outside general counsel and business-minded approach to representing clients. He understands the complex challenges faced by businesses to mitigate and navigate risk, and works with clients to address those challenges and risks in an efficient and cost-effective manner.
John advises lenders and borrowers on a variety of leveraged finance transactions, including senior and subordinated commercial loan transactions, commercial real estate loans, commercial construction loans, acquisition facilities, asset-based loans, sponsor lines of credit, and general working capital facilities.
He also has significant and relevant experience in guiding clients – including large financial institutions and small community banks – through significant financial downturns. This experience includes pre-negotiation loan modification agreements, payment deferral agreements, forbearance agreements, workouts, restructurings, commercial foreclosures, and secured party sale transactions. He has also worked with special asset groups to reduce problem loan commitments and minimize loan losses, foreclose on collateral, and dispose of collateral post-foreclosure (including OREO assets).
Further, John frequently advises clients on the acquisition, disposition and development of commercial real estate, commercial real estate leases (office, retail, industrial, ground leases), and sale-leaseback transactions.
Before joining the Finance and Real Estate Practice at Jackson Walker, John was an executive vice president and senior corporate counsel responsible for managing the legal department of one of the 60 largest banks in the nation. In this role, John provided legal support, advice, and guidance to the commercial lending, consumer lending, corporate real estate, compliance, vendor management, capital markets, public funds, treasury management, marketing, and trust departments. He also developed a number of internal seminars and training programs to help bank employees better serve customers and expand business opportunities.
B.A., summa cum laude, St. Mary’s University
J.D., The University of Houston Law Center
- Over 25 years’ experience in banking, finance, real estate and general business law
- Managed legal department at top 60 U.S. Bank
- Long and extensive track record of providing pragmatic and effective counsel and legal representation to lenders, borrowers, investors and developers
- Outside general counsel and business-focused approach to representing clients
- Firm understanding of U.S. and Texas banking laws and regulations
Banking and Finance
Broad experience as in-house and outside counsel on a variety of types of banking and finance matters, including:
- Secured, Unsecured and Subordinated Bilateral Credit Facilities
- Syndicated Credit Facilities
- Construction Loans
- Development Loans
- Bridge Loans
- Letter of Credit Facilities
- Subscription Lines of Credit
- Equipment Lease Financing
- Collateral Subordinations, Lienholder Subordinations, SNDAs, and Intercreditor Agreements
- Loan Documentation (including drafting and management of forms library)
- Loan Operations
- REO Dispositions
- Commercial Contracts
- Contract Management
- Confidentiality and Non-Disclosure Agreements
- Escrow Agreements
Significant experience on a variety of types of real estate transactions, including:
- Acquisitions, Dispositions and Sale-Leasebacks
- Raw Land
- Office Buildings
- Shopping Centers/Retail Centers
- Multifamily Projects
- Affordable Housing Developments (Multifamily and Single-Family Residential)
- Commercial Leases
- Ground Leases
- License Agreements
- Architectural Contracts
- Constructions Contracts
- Development Agreements
- Restrictive Covenants, Easements and Land-Use Matters
- “Best S.A. Lawyers” List, Real Estate Transactions, San Antonio Scene, 2020-2021
- “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
- The Risk Management Association
- Real Estate Council of San Antonio
July 27, 2021Newsletters
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, 2021Attorney News
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, 2021Insights
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.
March 10, 2021Podcasts
~14 minutes | Time is of the essence for businesses to apply for relief from the Paycheck Protection Program. Lindsey Berwick and John Wittenberg cover recent updates to the PPP regarding eligibility and forgiveness.
February 23, 2021Insights
On Monday, February 22, 2021, the Biden-Harris administration announced several reforms to the Paycheck Protection Program (PPP).
January 25, 2021Insights
The Consolidated Appropriations Act, 2021 contained a $900 billion COVID-19 relief package that, among many other initiatives, reauthorizes and modifies the Paycheck Protection Program. With an additional $284 billion allocated to the PPP, the Small Business Administration has released initial guidance related to first draw and second draw PPP loans.
January 15, 2021Client Results
San Antonio partner Stephanie L. Chandler, who led the Jackson Walker team handling the transaction, said, “We were honored to advise KEEPS on this transaction, which will help them continue their expansion, accelerate their innovation, and invest in sales and marketing.”
August 19, 2020Insights
This update summarizes the terms of the Main Street Business Lending Program, describes the main terms and open issues under the Program, and outlines certain matters to be analyzed and considered.
July 30, 2020Attorney News
‘Scene in S.A.’ Recognizes 40 Jackson Walker Attorneys in 2020 “Best S.A. Lawyers” and “Rising Star Lawyers” Lists
In its 16th 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.
July 15, 2020Insights
The CARES Act makes available $349 billion in Paycheck Protection Loans (under the SBA 7(a) loan program), and an additional $10 billion for relief under expanded Economic Injury Disaster Loan Program (EIDLP).