Edwin del Hierro is a partner in the Corporate Practice Group of Kirkland & Ellis LLP and heads our bank regulatory practice. He has more than 25 years of experience in representing depository institutions and their holding companies, regulated financial services companies, investment banks and institutional lenders in connection with a broad range of regulatory, transactional matters and compliance.
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 regulatory compliance issues (including compliance matters relating to 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 and financial services companies in connection with significant regulatory compliance matters, enforcement actions and transition issues relating to the implementation of Dodd-Frank and Basel III
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 $1.5 billion
Representation of thrift holding companies in connection with the 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 private equity funds in connection with investments in financial services businesses including investments in asset management businesses and regulated trust operations
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
Memberships & Affiliations
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)
Board Member, Chicago Volunteer Legal Services Foundation
Member, Chicago Bar Association
Member, American Bar Association
"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
"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
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.