Edwin S. del Hierro, P.C.

Partner Banking & Financial Institutions

Chicago +1 312 862 3222

Edwin S. del Hierro, P.C.

Overview

Edwin del Hierro is a partner in the Corporate Practice Group of Kirkland & Ellis LLP and heads our bank and financial services regulatory practice. He has more than 30 years of experience in representing depository institutions and their holding companies, payments and other regulated financial services companies, investment banks and institutional lenders in connection with a broad range of regulatory, transactional and compliance matters.

Edwin regularly advises financial institutions and boards of directors on mergers and acquisitions and capital-raising activities. Edwin has significant experience representing private equity and other investors in both control and non-control investments in financial institutions and advises some of the largest banks in the United States in the design and development of capital-qualified debt and equity products. Edwin also represents acquirers of failed institutions from the FDIC and sellers and acquirers of performing and distressed loans and other financial assets.

Edwin also advises clients, including private fund sponsors, private fund investors, financial services companies, depository institutions and directors and officers, with respect to structuring transactions and operations to address and minimize regulatory licensing and compliance issues (including compliance matters relating to payments and funds transfer activities and the Volcker Rule), enforcement actions, bank insolvency matters and governmental investigations.

Edwin is a frequent speaker at schools and seminars for bankers, bank counsel, regulators and accountants and has been a visiting lecturer at Chicago-Kent College of Law graduate program in financial services law. Edwin is a member of the ABA’s Banking Law Committee and is a member of the faculty of the ABA’s Banking Law II, a multi-day advanced banking law institute held annually. Other members of the faculty include prominent banking law professors and senior banking regulators including prior general counsel from the FDIC, the OCC and the Federal Reserve.

Representation of numerous financial institutions payments and other financial services companies with complex mergers and acquisitions and recapitalizations

Representation of numerous financial institutions payments and other financial services companies in connection with significant regulatory licensing and compliance matters, enforcement actions and transition issues relating to the implementation of Dodd-Frank, Basel III and other legislative changes and developments

Representation of private equity funds in connection with investments in financial services businesses including investments in payments companies, licensed lenders, asset management businesses and regulated trust operations

Representation of numerous U.S. and non-U.S. banking entities in connection with direct and indirect investments in private equity funds that address Volcker Rule requirements

Representation of numerous private equity sponsors in connection with Volcker Rule compliance matters relating to investments by U.S. and non-U.S. banking entities

Representation of numerous bank holding companies in connection with capital investments by private equity funds

Representation of private equity funds in connection with numerous non-control investments in bank and thrift holding companies involving capital commitments ranging from $40 million to $5 billion

Representation of thrift holding companies in connection with acquisitions, and transition to supervision by the Federal Reserve

Representation of creditors and bidders in connection with numerous 363 sales transactions involving banks and thrifts

Representation of banks in transactions involving the sale or purchase of secured loan portfolios

Representation of private equity funds in connection with investments in acquisition vehicles focused on acquiring assets and deposits of failed depository institutions using a shelf-charter structure 

Representation of bank holding companies in connection with their reorganization after the failure of its bank subsidiary

Representation of money center banks in connection with the restructuring of credit facilities to financially distressed bank and thrift holding companies

More

Thought Leadership

Publications 

"New Volcker Rule SOTUS Guidance Improves Environment for Private Fund Investments by Non-U.S. Banking Entities," KirklandPEN, March 3, 2015

Participated in the publication of the “Consensus Interpretation of the Implementation of Parallel Fund Structures under the Volcker Rule,” May 1, 2014

"Final Volcker Rule Provides Clarity and Marginally Increases Flexibility With Respect to Private Fund Investments," KirklandPEN, December 19, 2013

"TARP Auctions: Considerations for Private Equity Fund Managers," KirklandPEN, May 10, 2012

"Volcker Rule Regulations Provide Little Relief for Private Fund Investments," KirklandPEN, October 14, 2011

"TIC Form SLT: First Reporting Deadline for Private Fund Managers," KirklandPEN, August 30, 2011

"Dodd-Frank Act Affects Private Fund Managers and Investors," KirklandPEN, July 21, 2010

Seminars

Panelist, Midwest Bank Leaders Conference: Banking in the Post-Election Era – First Impressions, "The Legal Landscape: A Conversation with Leading Banking Lawyers," November 7, 2012

Presenter, 2012 UNC Banking Institute, "The Keys to Capital in 2012: 'Capital is King'" (New Rules – Old Challenges), March 29, 2012

Faculty, 2010 and 2011 ABA Banking Law II Institute – Capital Formation and Capital Instruments, Washington, DC

Moderator, Distressed Investing Leaders Forum 2010, New York, NY

Presenter, 2010 ABA Banking Law Committee – Capital Formation, Denver, Colorado

Various presentations at annual conventions and bank counsel seminars for the Illinois Bankers Association including "Executive Briefing: Strategies and Techniques for Remaining Competitive" in June 2009.

Recognition

Named the Best Lawyers "Lawyer of the Year" for Financial Services Regulation

Selected for inclusion in The Best Lawyers in America (Banking & Finance, Corporate Compliance, Financial Services Regulation and Corporate Governance)

Selected for inclusion in Leading Lawyers Network (Banking and Financial Institutions)

Selected for inclusion in Illinois Super Lawyers (Banking)

Honored by Martindale-Hubbell with the AV Preeminent™ award for The Highest Possible Ranking in Both Legal Ability & Ethical Standards (25 years in a row)

Memberships & Affiliations

Board Member, Chicago Volunteer Legal Services Foundation

Member, Chicago Bar Association

Member, American Bar Association

Credentials

Admissions & Qualifications

  • 1986Illinois

Education

  • Northwestern Pritzker School of Law; University of Illinois College of LawJ.D.1985
  • Loyola University ChicagoB.B.A.1983

Press Mentions

“US bank M&A under a cloud after share price falls,” Financial Times, July 29, 2018

“Whiff of Animal Spirits in the Air on Wall Street," Financial Times, July 7, 2017

“Thousands of US Banks Endure Despite Dealmaking Drive,” Financial Times, August 9, 2016

“Bank Pension Plans Escape Volker,” Private Equity International, December 11, 2013

“Banks to Keep Divestments Coming as Volcker Takes Shape,” Law360, December 10, 2013

“Volker Rule's Reach Likely to Be Extensive,” Buyouts, November 14, 2011

“Rare Bank Foreclosure Draws Notice,” American Banker, May 6, 2011

“Step One in OK for PE-Bank Deal – Find an Ex-Regulator,” Investment Dealer's Digest, December 4, 2009