Edwin S. del Hierro, P.C.
Professional Profile
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 banks and bank holding companies, thrifts and thrift holding companies, investment banks and institutional lenders in connection with regulatory issues. He 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 institutions and directors and officers, with respect to regulatory compliance issues, enforcement actions, bank insolvency matters and governmental investigations.
In addition to practicing law, he 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 banking law professors and senior banking regulators including prior general counsel from the FDIC and the Federal Reserve.
Representative Matters
Since joining Kirkland:
Representation of several banks and thrifts and financial holding companies in connection with significant compliance matters, enforcement actions and transition issues relating to the implementation of Dodd-Frank
Representation of a publicly-traded thrift holding company in connection with the acquisition of a national bank and its transition to supervision by the Federal Reserve
Numerous non-control investments by private equity funds in bank and thrift holding companies involving capital commitments ranging from $40 million to $1.5 billion
Representation of several bank holding companies in connection with capital investments by private equity funds
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 direct and indirect investments in private equity funds involving aggregate commitments in excess of $500 million
Representation of private equity funds in connection with investments in financial services businesses including an investment in an asset management business with significant regulated trust operations
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Representation of a bank holding company in connection with its reorganization after the failure of its bank subsidiary
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Representation of a money center bank in connection with the restructuring of credit facilities to financially distressed bank and thrift holding companies
Prior to joining Kirkland, Edwin was the co-head of a financial institutions group that is listed by SNL Securities as the top firm in the nation in dollar value of announced bank and thrift business combination transactions during 2009 and in the top 5 in the nation in number of announced bank and thrift business combination transactions over the five year period ending 2008. He served as counsel for investment and merger and acquisition transactions involving total consideration in excess of $2 billion. He has served underwriter's counsel to Keefe Bruyette & Woods, Inc., Sandler O'Neill & Partners, L.P., Stifel, Nicolaus & Co., Legg Mason, Inc., Piper Jaffray & Co., and Robert W. Baird & Co. in offerings involving financial institutions, as issuer's counsel for bank and thrift holding companies in offerings involving more than $2.5 billion of securities, including common stock, preferred stock, subordinated debt and trust preferred securities and has represented U.S. Bank, JPMorgan Chase Bank and Bank of America in connection with the development and purchase of more than $500 million of capital-qualified debt and equity securities.
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)
Member, Chicago Bar Association
Member, American Bar Association
Other Distinctions
Press Mentions
"More Banks Could File Bankruptcy to Escape Debt," American Banker, August 22, 2012
"Volcker 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
Publications
"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.
