Scot D. Tucker

Scot Tucker focuses on credit card and other payment systems transactions, as well as commercial finance, bankruptcy and creditors' rights. Scot represents card issuers in the negotiation and documentation of private label, co-branded, agent bank and affinity agreements in virtually all applicable industry segments, including retail, manufacturing, banking, health care, sports teams and travel, among others. He also counsels financial institutions in the acquisition and sale of account portfolios and other financial assets. In addition, Scot represents creditors and buyers/investors in Chapter 11 matters.

Practice Highlights

Credit cards and other payment systems

• Retail Programs: Private-label credit card and co-branded bankcard program agreements relating to retailers, including global and national soft goods retailers, national electronics retailers, national furniture retailers, global oil companies, international auction houses, national home-improvement retailers, auto parts retailers, sports teams, online travel distributors, health care providers, online retailers and many other types of retailers
• OEM Programs: Private-label credit card program agreements involving manufacturer/dealer distribution networks in virtually all applicable industry segments, including power sports, outdoor power equipment, music, furniture, flooring, automotive, after-market auto parts, home improvement, motor coach, trailer, death care, marine, electronics, motorcycle, security, lawn and garden, major appliances, and athletic equipment, among others
• Affinity/Loyalty Programs: Co-brand affinity agreements with universities, trade groups, manufacturers and other organizations
• Agent-bank agreements
• Business revolving and invoice-based financing agreements
• Account portfolio and other financial asset sale/acquisition agreements
• Merchant acquiring processing agreements and related marketing agreements

Commercial finance/transactions

• Collateralizing obligations relating to secured lending and asset disposition-related financing under U.S. and foreign jurisdictions, including financial assets, intellectual property rights, and tangible assets
• Distribution finance and floor financing transactions

Financial restructuring/bankruptcy

• Representation of secured lenders in workouts and Chapter 11 proceedings
• Representation of acquirers and secured lenders in 363 sales
• Advising credit card issuers in connection with workouts relating to financially distressed program agreement counter-parties
• Preparation of reasoned bankruptcy opinions relating to substantive consolidation and true sale