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
Publications
- Co-Author, “CARES Act Update – Overview of Expanded Main Street Lending Program,” Jackson Walker Insights (June 18, 2020)
- Co-Author, “SBA Releases New Paycheck Protection Program Loan Forgiveness Applications, Including an EZ Application,” Jackson Walker Insights (June 17, 2020)
- Co-Author, “Paycheck Protection Program Flexibility Act of 2020 – Amendments Affording Greater Flexibility to PPP Borrowers,” Jackson Walker Insights (June 5, 2020)
- Co-Author, “Paycheck Protection Program Update – SBA Issues Guidance on Loan Forgiveness and Loan Review Procedures,” Jackson Walker Insights (May 28, 2020)
- Co-Author, “Paycheck Protection Program Loan Forgiveness Update,” Jackson Walker Insights (May 18, 2020)
- Co-Author, “SBA Offers Safe Harbor on PPP Good Faith Certifications of Necessity,” Jackson Walker Insights (May 13, 2020)
- Co-Author, “CARES Act Update – Important Considerations for Paycheck Protection Program Participants (Enforcement Actions, FAQ 31 and FAQ 37, and Fourth Interim Final Rule),” Jackson Walker Insights (April 29, 2020)
- Co-Author, “CARES Act and the Paycheck Protection Program and Healthcare Enhancement Act – What You Need to Know,” Jackson Walker Insights (April 27, 2020)
- Co-Author, “CARES Act Update – Federal Reserve and U.S. Treasury Establish Main Street Business Lending Program to Provide Liquidity to Mid-Size Businesses,” Jackson Walker Insights (April 13, 2020)
- Co-Author, “CARES Act Update – Federal Reserve and U.S. Treasury Establish Municipal Liquidity Facility to Provide Financial Assistance to States, Cities, and Counties,” Jackson Walker Insights (April 13, 2020)
- Co-Author, “CARES Act & New, Expanded Small Business Lending (Update #2),” Jackson Walker Insights (April 13, 2020)
Speaking Engagements
- “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