Biography
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.
Education
B.A., summa cum laude, St. Mary’s University
J.D., The University of Houston Law Center
Bar Admissions
Texas, 1991
- 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
- Restructurings/Workouts/Forbearance
- Foreclosures
- REO Dispositions
- Commercial Contracts
- Contract Management
- Confidentiality and Non-Disclosure Agreements
- Escrow Agreements
Real Estate
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
- Office
- Retail
- Industrial
- 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, 2020-2022
Publications
Speaking Engagements
- “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
September 27, 2022
Client ResultsJackson Walker Represents Novaria Group in Completing Six Acquisitions in Seven Months
Novaria Group, a leading manufacturer of specialty hardware, components, and coatings for the aerospace and defense industries, recently completed its acquisition of STROCO Manufacturing, Inc. This deal marks the sixth acquisition Novaria has announced from December of 2021 through July of 2022, taking place after its successful acquisitions of FMi Chemical, Hohman Plating, Advanced Coating, Hydro Fitting, and GK Mechanical Systems.
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
NewslettersLabor & 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
InsightsPaycheck 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.
March 10, 2021
PodcastsWhat Businesses Should Know About Applying for a PPP Loan Before the March 31st Deadline
~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, 2021
InsightsPaycheck Protection Program – Biden-Harris Administration Announces PPP Reforms
On Monday, February 22, 2021, the Biden-Harris administration announced several reforms to the Paycheck Protection Program (PPP).
January 25, 2021
InsightsPaycheck Protection Program – An Overview of the 2021 PPP and Update on PPP Loan Forgiveness
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, 2021
Client ResultsJackson Walker Advises KEEPS Corporation on Equity Investment by SSM Partners
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, 2020
InsightsCARES Act Update – Overview of Expanded Main Street Lending Program
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.