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Jeffrey S. Makovicka

Partner

Jeff’s guiding principle: “Consult widely and bring the best of Kutak Rock's knowledge and expertise to the client, wherever it resides in the firm.”

Jeff 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.

Jeff 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.

Before joining Kutak Rock LLP, Jeff 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.  Jeff is also a Fellow of the Nebraska State Bar Foundation and is a frequent lecturer and author on banking and FinTech law developments.

He is active in numerous civic and charitable organizations and is a member and past president of the Boys Town Boosters, a member of the Board of Directors of the National Football Foundation College Football Hall of Fame, Nebraska Chapter, member of the Archbishop’s Committee for Development (Omaha Archdiocese), and a member of the Nebraska Cattlemen Association Bank Task Force. 

With the confluence of technology and financial services products through FinTech or otherwise, Jeff understands the commercial issues that face these companies, and can assist them with integrating new technologies into their business environments.

Jeff has advised financial services, technology, agricultural and life science companies with respect to mergers and acquisitions, public and private offerings, corporate governance, and banking and compliance matters. Jeff has extensive experience advising clients on various aspects of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and recent regulatory changes affecting financial institutions.

Speaking Engagements
  • Current Issues in Agribusiness, a CLE Seminar for In-House Counsel and All Agribusiness Stakeholders, August 2017
  • Current Issues in Agribusiness, a CLE Seminar for In-House Counsel and All Agribusiness Stakeholders, August 2016
  • Current Regulatory, Compliance & Litigation Issues For Banking & Financial Services Professionals, a CLE seminar, December 2017
  • Current Regulatory, Compliance & Litigation Issues For Banking & Financial Services Professionals, a CLE seminar, December 2016
  • Current Regulatory, Compliance & Litigation Issues For Banking & Financial Services Professionals, a CLE seminar, December 2015
  • Current Regulatory, Compliance & Litigation Issues For Banking & Financial Services Professionals, a CLE seminar, December 2014
  • Current Regulatory, Compliance & Litigation Issues For Banking & Financial Services Professionals, a CLE seminar, December 2013
Publications
  • “Fintech Charters:  Silence, but still Alive?,” Nebraska Banker, January 2018 (Author)
  • “The Other CRA” Nebraska Banker, November 2017 (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)

 

  • 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 private investors in connection with developing and structuring delivery of financial products through FinTech vehicles or traditional bank models.
  • 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’s 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.

The Best Lawyers In America®, Financial Services Regulation Law, 2025