Mr. Kennedy’s practice has included preparation of securities offerings under federal and state securities laws as well as public company periodic reporting. His practice has been particularly concentrated in the representation of banks and bank holding companies and other financial intermediaries. In addition to this general corporate and securities work, he has represented these entities and their shareholders, directors and officers in a broad range of matters, including regulatory enforcement, special corporate investigations, directors and officers and fidelity bond claims, Bank Secrecy Act and currency transactions compliance, Community Reinvestment Act strategy, mergers, acquisition and strategic planning, corporate governance and restructuring, and state and federal banking law compliance.
Throughout his career Patrick has been involved in a number of initiatives, both legislative and regulatory, which have resulted in the creation of important opportunities for his clients. One of the more significant initiatives was the passage of legislation permitting banks and thrifts and their holding companies to elect Subchapter S tax treatment under the Internal Revenue Code which has resulted in over 2300 US depository institutions operating as Sub S Banks. To assure his clients and the industry have the best information available regarding the unique opportunities and issues these companies face, he founded the Subchapter S Bank Association in 1997 which sponsors among other things an Annual Conference and periodic professional reports. Through the Association and his firm, Patrick advocates for the community banking industry and most recently was instrumental in assuring that small bank holding companies were exempt from Section 171 of Dodd Frank restricting the use of Trust Preferred Securities as well as protecting community banks from certain provisions under the Basel III Final Rule.
Patrick’s broad based corporate and financial services practice also utilizes creative financing structures and other local, state and federal incentives such as the New Markets Tax Credit Program in the representation of:
His firm structures and documents these complex financings which encourage private investment in rural and urban low-income communities. In addition, Patrick and his firm represent Community Development Financial Institutions in their corporate, financial, loan syndication and other financing initiatives, including partnerships with community banks.
Dub represents both established and start-up private companies, financial institutions, non-bank lenders, and investment funds in day to day management and transactions as well as all phases of the business lifecycle, including formation, acquisitions and dispositions, mergers, conventional debt financing, equity and debt securities offerings, commercial negotiations and transactions, executive compensation plans, and corporate governance. Dub has developed specialties in the areas of technology contract negotiation, fintech evaluation and partnership, blockchain and smart contracts, and cyber security in order to keep his clients apprised of emerging technologies and their potential application to respective business models, while ensuring proper vendor management processes are in place and in compliance with legal and regulatory standards.
Dub serves as outside corporate counsel for many of his clients and assists in the formulation of growth strategies and the necessary restructuring and subsidiary formation that may be required to implement those strategies.
Dub provides loan structuring advice to many of his financial institution clients and non-bank lenders and efficient loan documentation services through innovative technology and support teams.
Dub spent time early in his career in executive management positions in both the banking and manufacturing industries. He now approaches client matters with the same “owner” mentality he used while on the business side and a focus on efficient problem solving.
Other matters Mr. Dub Sutherland has handled for financial institutions:
In addition to serving as General Counsel for the Independent Bankers Association of Texas, Karen represents numerous banks, other financial services companies, and vendors to the industry. Routinely, Karen advises financial institutions on regulatory compliance, examination preparation, policies and procedures, and has special expertise in Bank Secrecy Act, fair lending, and consumer compliance matters. Recognized throughout the financial institution community, Karen has advocated for community banks under the pink dome of the Texas Capital to the halls of Washington, DC. She has consistently provided testimony, drafted legislative language, and campaigned for issues critical to banks and financial institutions, including through voluminous comment letters.
In addition, she has assisted clients in developing innovative new products and services in the financial arena. In addition to expertise in the financial services area, Karen also has provided legal advice for nonprofit corporations, especially trade associations, for many years. This practice has included advice and transactional work to establish effective structures, endorsement relationships, and policies and procedures for such organizations.
Banking & Finance Services ║ Financial Regulatory & Compliance ║ Government Affairs ║ Corporate
Brent assists financial institutions in confronting and adapting to the constant changes in regulations, regulatory priorities, and widespread innovation in the finance industries. Brent offers adaptive and practical guidance on a wide range of issues such as consumer and commercial lending, new products development, vendor management, and treasury and cash management services. With the right approach, regulatory challenges can become a competitive advantage and an opportunity, rather than obstacles.
Among other things, Brent has worked on resolving and mitigating fair lending risks, developing new banking products, delivering banking services electronically, upgrading payments systems, and vetting new vendors. Brent has experience in commercial real estate lending and also in regulatory compliance for banks in Texas and in national markets. His experience in credit analysis, servicing, and lending operations gives him practice in delivering legal solutions that work for you, your bank, and your customers’ needs.
Brent’s expertise extends to planning and qualifying historic developments for state and federal historic rehabilitation tax credits. Historic tax credits are an attractive incentive for renovating and redeveloping historic buildings and places. We work with multiple professionals to qualify and complete successful historic rehabilitation projects. Brent has experience in working with state and federal preservation offices and developers to resolve concerns regarding preservation, project concepts, and project feasibility. Brent also assists financial institutions in learning about historic tax credits and taking advantage of what is frequently a creative and valuable community development and lending activity.
Banking & Finance Services ║ Financial Regulatory & Compliance ║ Lending Documentation ║ Historic Preservation Tax Credits
Tax Advantaged ║ Finance ║ Corporate
He has successfully presented numerous cases to state and federal juries and courts involving probate and trust disputes, including issues such as fraud, negligence, royalty disagreements, adverse possession, and breach of contract. Mr. Carter also has successful involvement in appeals / reported opinions issued by the Texas Courts of Appeal, the Texas Supreme Court, and the Fifth Circuit Court of Appeals.
Mr. Carter graduated from the honors college at Texas Tech University, summa cum laude and received his law degree from Baylor University. Mr. Carter is a fellow of the Texas Bar Foundation. In connection with his dedication to helping minors combat all forms of bullying, the San Antonio Bar Foundation awarded Mr. Carter the 2017 Peacemaker Award. The San Antonio Business Journal presented Mr. Carter the Outstanding Lawyer Award in 2016. Martindale-Hubbell awarded him the highest possible “Preeminent” rating by judges and peers based on legal knowledge, analytical capabilities, judgment, communication, and legal experience using their industry rating system. Mr. Carter has also received the highest possible rating (5.0 out of 5) from client reviews on Martindale Hubbell. These reviews are anonymous and based on communication, responsiveness, value, and quality of legal representation. Mr. Carter was selected “Best Lawyer” in Civil Litigation by SA Scene magazine in each year since 2010, and was selected “Rising Star” by Thomson Reuters’ Texas Super Lawyers in 2012.
Mr. Carter is an active author and speaker on legal matters of keen interest to Texans, including subjects important to estate beneficiaries, rural landowners, developers, mineral owners, and business owners. Mr. Carter chairs the Man & Woman of the Year Campaign for the Leukemia & Lymphoma Society, and volunteers extensively for educational charities.
Will Contests ║ Estate ║ Trust and Fiduciary Litigation
His practice of more than thirty years has included representation in over 90 bank mergers, numerous stock offerings, 30 de novo bank formations, enforcement actions, examination matters, defense of FDIC suits against bank directors, compliance and corporate governance.
Mr. Baris’ background also includes experience as both a bank regulator and Congressional staffer, serving as Regional Counsel to the Comptroller of the Currency, Counsel to the Government Operations Committee, U.S. House of Representatives, and Legislative Counsel to a number of the U.S. House of Representatives.
Mr. Baris is the President of the American Association of Bank Directors (AABD). AABD provides bank directors with the resources with which to serve their institutions effectively and in a manner that will minimize risk of personal liability and represents their interests before federal and state legislative bodies, bank supervisory agencies, and judicial bodies. He is a member of the General Counsel Advisory Group of the Independent Community Bankers of America and served on the Federal Bar Association Banking Law Executive Committee. In 2018, Mr. Baris has served on Duke Law School’s Global Financial Markets Advisory Board, which advances the interdisciplinary study, understanding, and development of financial institutions and markets. He serves as a director of the American Institute on Apprenticeship to help support efforts to make apprenticeships more available to U.S. banks. Mr. Baris was a Director of Mutual of Omaha Insurance Company and United of Omaha Life Insurance Company, a Fortune 500 company, serving on their Executive, Audit and Investment Committees.