Charles A. Ognibene

Partner

  • Charles A. Ognibene
  • Phone: +1 857 488 4249

    Import to Address Book

  • Duane Morris LLP
    100 High Street, Suite 2400
    Boston, MA 02110-1724
    USA

Charles A. Ognibene serves as a team lead of the firm's Transportation, Automotive and Logistics industry group. He practices in the area of corporate law. Mr. Ognibene has extensive experience closing deals, including capital market transactions, loan originations and workouts, as well as helping banks in product development and portfolio projects. He has a deep understanding of the auto finance industry, advising both wholesale and retail finance matters across the country. He provides strategic counsel to banks, finance companies and captives on related matters. He advises on commercial and consumer pool sales, as well as loan origination and dealer loan workouts. Mr. Ognibene also leverages his broad commercial background in litigation matters involving his clients.

Mr. Ognibene is a cum laude graduate of Boston College Law School and a summa cum laude graduate of the University of Massachusetts, where he was elected to Phi Beta Kappa.

Areas of Practice

  • Corporate Law

  • Capital Markets

  • Financial Institutions

  • Auto Financing

Representative Matters

  • Represented electric vehicle manufacturer in structuring and contracting for private label preferred finance program with Bank of America.

  • Represent lender to bailment program vehicle Upfitter. Collateral is not owned by borrower, but held as a bailment, requiring creative approach to securing loan facility.

  • Advised Daimler Trucks Financial Services on program and preparing documents for sale and syndication of truck fleet leases and financing facilities. This is the first single obligor sale and syndication of its size by DTFS.

  • Advised venture backed client on structuring and documentation of program for Lending As A Service, as it offered its advanced servicing technology to regional banks, in what is believed to be an industry first.

  • Represented Huntington Bank as agent and lead lender in connection with its $250 million syndicated multi-loan floorplan and senior credit facility with large mid-Atlantic automobile dealership group.

  • Represented Huntington Bank as agent and lead lender in connection with its $360 million syndicated multiloan floorplan and senior credit facility with an automobile dealership with locations in Kentucky, Ohio and Indiana.

  • Represented Truist Bank in $200 million comprehensive financing to New England multistate automotive dealer group, representing a significant increase to an earlier loan.

  • Counsel to Huntington Bank as agent and book runner in $450 million syndicated multi-loan facility to Midwest-based large auto dealer group.

  • Counsel to Huntington Bank as agent and book runner in $370 million financing to one of New England’s largest auto dealer groups.

  • Counsel to lead lender to large mid-Atlantic auto dealership group.

Admissions

  • Massachusetts
  • New York
  • Connecticut

Education

  • Boston College Law School, J.D., cum laude
    - International Law Review
  • University of Massachusetts, B.A., summa cum laude
    - Phi Beta Kappa

Experience

  • Duane Morris LLP
    - Partner

  • LeClairRyan PLLC
    - Member

  • Edwards Wildman
    - Counsel/Partner

  • Goldstein and Manello
    - Associate/Partner

Professional Activities

  • Loan Syndicated and Trading Association's (LSTA)

Honors and Awards

  • Thomson Reuters Stand-out Lawyer, 2023 and 2024
  • Listed in Best Lawyers (New England) for Banking and Finance Law, 2023

  • Listed in The Best Lawyers in America, 2016-2024

  • Listed in Chambers USA: America's Leading Lawyers for Business

  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Selected Publications

  • Co-author, "Treasury Department Releases Proposed Guidance on New Clean Vehicle Tax Credit Provisions of the Inflation Reduction Act," Duane Morris Alert, April 18, 2023

  • Author, "A Spotter's Guide to Dealer Trouble," Edwards Wildman Bulletin, 2008

  • Author, "The Sky is Falling; the (Blue) Sky is Falling," Edwards Wildman Bulletin, 2001

  • Quoted, "Dealer Mortgage Woes," Automotive News, March 15, 2010

  • Quoted, "Trend in Loan Markups is 2.5%," Automotive News, August 8, 2005

  • Quoted, "What Industry Leaders are Saying," Automotive Digest Weekly, July 18, 2005

  • Quoted, "Court: Dealer Must Disclose Negative Equity," Automotive News, July 11, 2005

  • Quoted, "Trouble Persists with Lease Liability," Automotive News, July 12, 2004

  • Quoted, "Lessors in New York State Struggle with Liability," Automotive News, March 29, 2004

  • Quoted, "GMAC Settles Suit, but Opponents will Push for Flat-Fee Loan Markups," Automotive News, February 16, 2004

  • Quoted, "Rhode Island Limits Auto Lessors' Liability," Automotive News, July 14, 2003

Selected Speaking Engagements

  • Speaker, "IRS Clean Vehicle Tax Credits Under the Inflation Reduction Act," Strafford Webinar, June 20, 2023
  • Speaker, "Cryptocurrency and Other Digital Assets Under the 2022 Amendments to the Uniform Commercial Code," Boston Bar Association Bench Meets Bar, May 18, 2023