About Us

About Us

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Kennedy Sutherland, LLP was founded by Patrick J. Kennedy, Jr. to provide corporate, securities, regulatory and transactional counsel to public and private companies.

With thirty plus years of experience, our firm has concentrates on the financial services industry with a particular focus on community banks and their shareholders, directors and officers. We represent other businesses and nonprofits, including lenders and borrowers in a broad range of financing transactions including tax credit programs such as the New Markets Tax Credit program and other innovative structures and sources of financing.

VALUES

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We have a rich tradition of providing the highest quality of legal services to our clients, while observing the highest standards of integrity and ethics at all times. We pride ourselves on delivering value to our clients by staffing matters cost-effectively and using resources efficiently.

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We listen to clients, seek their feedback, and work collaboratively on all projects. We understand our client’s time is valuable and will return calls promptly, communicate effectively, and explain matters thoroughly. Whenever and wherever, we are available to our clients when they need us.

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We are invested in our clients, which is why you will find us working hard to stay up to date and learn our clients’ industries, businesses, concerns, and strategic objectives. By leveraging our strengths and anticipating our clients’ needs we are able to deliver practical solutions and provide proactive advice.

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We are committed to staying abreast of technological advances in legal research as well as continuing to invest in technology that supports our clients’ needs. We utilize various technology platforms to increase efficiency and to better serve our clients.

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We have been advocates for our clients for decades. Our respect and intense loyalty to those we represent is why many of the Firm’s clients keep coming back year after year. We are proud of these enduring relationships and look forward to continuing our services to them for decades to come.

Community Focus

We are honored, committed and proud to give back to the organizations and businesses in our area. We are active in a variety of civic, community, church, educational and charitable organizations. Each member of our team is honored to donate their time and talents to serve in leadership roles, aid in fundraising, work with nonprofits and governing boards and support charities, school programs and youth organizations.

Representative Experience

Corporate Governance and Compliance
  • Represented corporate boards of directors in connection with special investigations including formation of special committees and internal corporate investigations and corporate decision-making
  • Represented banks, bank holding companies and other corporations and their directors and officers in insurance investigations, claims, settlements including fidelity insurance claims, directors and officers policy enforcement and claims and commercial and general liability matters.
  • Represented banks, bank holding companies and their directors and officers in connection with regulatory enforcement actions, including cease and desist orders, civil money penalty proceedings, federal deposit insurance termination proceedings, formal agreements, consent orders and formal and informal regulatory investigations.

Subchapter S

  • Filed and obtained private letter rulings and related guidance to cure inadvertent termination of Subchapter

Subchapter S

  • Advised multiple banks and bank holding companies on Subchapter S compliance issues and shareholder qualifications.
  • Advised multiple banks and bank holding companies on shareholder agreement interpretation, amendment and related initiatives.
Corporate Governance and Compliance

Capital Markets and Securities

  • Represented SEC reporting companies in connection with going public, going private and mergers and acquisitions.

Mergers and Acquisitions

  • Represented banks and bank holding companies in successful sales to larger banks and in the acquisition of branches and banks.
  • Regulatory and Compliance
  • Participated in a comprehensive rewrite of the Texas Banking Code under Governor Bush and spearheaded the nation-wide initiative to amend the IRC to permit banks and bank holding companies to elect Subchapter S tax treatment.
  • Defended banks and financial institutions in connection with government civil and administrative actions under the Bank Secrecy Act.

New Market Tax Credits

  • Represented a non-profit borrower and project sponsor in a $6.1 million New Markets Tax Credit financing and bridge loan from a national bank.
  • Represented a LLC in a $7 million New Markets Tax Credit transaction involving the reopening of a 300,000 square foot manufacturing facility in central Texas.
  • Represented a national bank, headquartered in the Southeast United States, in a $8 million federal and state New Markets Tax Credit financing for city law enforcement center.
  • Represented a non-profit borrower and project sponsor in an $11 million New Markets Tax Credit financing and related real estate transactions.
  • Formed multiple new Community Development Entities organized by national banks in several states and assisted in New Market Tax Credit Allocation Applications.
  • Represented a Community Development Entity in connection with five separate New Market Tax Credit transactions involving 50 million of allocation.

Our attorneys have a comprehensive understanding of the ownership and management of financial institutions and public and private business organizations.

Contact Us

Have any questions? Send our team an email and we'll get back to you as soon as posible. *Warning: Do not send or include any information in any email generated through this web site if you consider the information confidential or privileged. By submitting information by email or other communication in response to this web site, you agree that the communication does not create a lawyer-client relationship between you and the law firm and its lawyers and that any information submitted is not confidential and is not privileged. You further acknowledge that, unless the law firm subsequently enters into a lawyer-client relationship with you, any information you provide will not be treated as confidential and any such information may be used adversely to you and for the benefit of current or future clients of the law firm.

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