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Several have actively participated in drafting financial services legislation and a number are former bank and thrift regulators.Others have engineered a number of transactions and products involving issues of first impression.Our clients have included both bank holding companies seeking to sell a bank subsidiary and buyers who have sought to purchase a bank through a sale conducted under Section 363 of the Bankruptcy Code.

Because these transactions often involve complicated tax issues, including the allocation of tax attributes between the seller holding company and the bank being sold and the preservation of tax benefits for the seller or its shareholders, we work with members of our Tax Group to develop a tax strategy for the transaction.

Several attorneys in Barack Ferrazzano’s financial services practice also represent financial institutions with respect to executive compensation and employee benefits issues, including plans funded by BOLI.

We are familiar with the major providers of processing services, and use our extensive experience in the area to ensure that our clients achieve the solutions sought to ensure optimal operational capability.

In the last several years our attorneys, together with the members of the Bankruptcy and Creditor Rights Group, have represented banking organizations that, usually because of significant debt at the holding company level, face severe financial distress.

We routinely advise our clients as to the appropriate structure for these activities, as to any licensing or regulatory requirements and as to ongoing compliance matters.


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