Jeffrey S. Makovicka

(402) 231-8751
Partner
(402) 346-1148 Fax
Jeff.Makovicka@KutakRock.com

Mr. Makovicka counsels public and private companies in connection with regulatory compliance, mergers and acquisitions, and corporate governance. He concentrates on banking matters and represents banking and other financial institutions and their boards of directors on the strategic, policy and regulatory aspects of mergers and acquisitions, joint ventures, establishing subsidiaries (operating or otherwise), capital raises, restructuring transactions and investments by and in banking organizations. Mr. Makovicka also counsels individuals, private equity firms and others seeking to invest in regulated financial institutions. He regularly advises financial institutions on compliance and enforcement issues with respect to a broad range of governance, risk management, affiliate transactions, regulatory capital, consumer, Community Reinvestment Act and other matters, including representation before federal and state regulatory and enforcement agencies. He also represents clients in structured finance transactions, including issuers in credit card securitizations.

Mr. Makovicka has extensive experience advising clients on various aspects of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the Credit Card Act of 2009 and recent regulatory changes affecting financial institutions.

Before joining Kutak Rock LLP, Mr. Makovicka served as an extern law clerk to the Honorable William J. Riley, Chief Judge of the U.S. Court of Appeals for the Eighth Circuit.

Representative experience:

  • Represented bank investor on regulatory matters in connection with the acquisition and ownership of multiple bank holding companies and banks.
  • Represented banks and bank holding companies on regulatory matters in connection with acquisitions and sales of banks and branches.
  • Represented bank holding company in private placement of equity securities, including structuring capital raise, preparation of private placement memoranda and compliance with federal and state banking and securities laws.
  • Represented European banks in connection with cross-border financings.
  • Represented banks on regulatory matters related to variety of consumer finance products (credit cards and short-term consumer loans).
  • Represented and obtained favorable exemptive orders, no-action letters and interpretive advice from the Office of the Comptroller of the Currency and other state and federal banking regulators.
  • Represented credit card bank in connection with compliance with the Credit Card Act of 2009 and its implementing regulations.
  • Represented a number of organizations and individuals regarding ability to make controlling and non-controlling private equity investments in banks and bank holding companies under banking laws and regulations, including the Bank Holding Company Act, the Change in Bank Control Act, and the Federal Reserve‚Äôs Regulation Y.
  • Represented bank investor in connection with capital infusion and restructuring of banking organization, including issues related to FDIC cross-guaranty liability and source of strength liability.
  • Represented issuers in connection with term and variable funding securitizations involving a variety of asset classes, including credit card receivables and equipment lease receivables.
  • Represented large agricultural company in connection with a variety of acquisitions, joint ventures and financings.

Publications:

  • Author, "CECL: Accounting for the Future by Preparing Today," Nebraska Banker, October 2016.
  • Author, "Cybersecurity: The Danger of Using Data Security as a Marketing Opportunity," Nebraska Banker, June 2016.
  • Author, "Should Lotto Be Your Motto? Incentivizing Deposits in a Markedly Different Way," Nebraska Banker, December 2015.
  • Author, "Are the Basel III Mortgage Servicing Assets Requirements Endangering Certain Relationship Lending?," Nebraska Banker, June 2015.
  • Author, "Security Interests in IP - Part 3: Realizing on IP Collateral," Nebraska Banker, August 2012.
  • Author, "Security Interests in IP - Part 2: Collateralizing & Creating Security Interests in IP," Nebraska Banker, May/June 2012.
  • Co-author, "Security Interests in IP - Part 1: Tangible Problems in an Intangible World," Nebraska Banker, March 2012.
  • Author, "2012 Security Measures for Combating Cyber Fraudsters," Nebraska Banker, January 2012.
  • Co-author, "Regulation Z Reminder: New Thresholds, New Challenges," Nebraska Banker, November 2011.
  • Author, "Dodd-Frank: Capital Confusion?" Nebraska Banker, September 2011.
  • Co-author, "Private Equity: Pros and Cons," Nebraska Banker, September/October 2010.
  • Author, "Regulating Overdraft Fees: Don't Overlook the New Compliance Deadline," Nebraska Banker, May/June 2010.