Photo of Richard L. Lieberman

Richard L. Lieberman Senior Counsel

Areas of Practice

Bar Admissions

  • Illinois

Court Admissions

  • U.S. Tax Court
  • U.S. District Court, Northern District of Illinois
  • U.S. Court of Appeals, 7th Circuit

Education

DePaul University College of Law, LL.M., Taxation, 1990

New York University School of Law, LL.M., International Legal Studies, 1984

ITT Chicago-Kent College of Law, J.D., magna cum laude, 1983

University of Wisconsin-Madison, B.B.A., Accounting and Finance, 1980

Richard Lieberman is a senior counsel in the Chicago office of Dykema and a member of the Firm’s Tax Practice Group. With more than 30 years of broad transactional and structuring experience, Mr. Lieberman concentrates his practice on the use of corporations, partnerships and limited liability companies in domestic and cross-border acquisitions, restructurings, mergers and financing transactions. He also advises Dykema’s clients on tax issues related to executive compensation arrangements, including designing and advising on the implementation of executive, equity and deferred compensation programs.

Mr. Lieberman has substantial experience in the formation of joint ventures and acquisitions and dispositions of businesses and interests in joint ventures. He also represents not-for-profit organizations in obtaining and retaining exemption from federal, state and local taxes, avoiding unrelated business income tax, and addressing private inurement and intermediate sanctions issues. He has long-represented both businesses and individuals before the Internal Revenue Service and state Departments of Revenue.

Prior to joining Dykema, Mr. Lieberman was the Chair of the Tax and Benefits Practice at a mid-sized Chicago law firm and before that was a principal in Deloitte’s Chicago office where, among other responsibilities, he represented many of Deloitte’s largest clients on a national basis, was co-national leader of Deloitte’s inbound tax practice and was Midwest Region leader of Deloitte’s life science and healthcare tax practice.

Mr. Lieberman has been recognized as a “Leading Individual” by the International Tax Review in its World Tax Edition, was formerly an adjunct professor at IIT/Chicago-Kent College of Law and is currently an Expert Author for Lexis Practice Advisor.

Experience

  • Represented a municipal corporation in its $25 million affordable housing project using both federal low-income housing tax credits and Illinois affordable housing tax credits
  • Represented a not-for-profit corporation in connection with the successful refinancing of a $15 million qualified 501(c)(3) bond issue
  • Represented a group of real estate investors in connection with a $30 million Section 1031 like-kind exchange, which required the structuring of a “drop and swap” transaction
  • Represented an airport concession operator in negotiating concession sublease agreements at airports located across the country, and successfully structured joint venture agreements between ACDBE and non-ACDBE joint venturers
  • Represented a leading beverage industry client in drafting a multi-million dollar Stock Appreciation Rights agreement for its chief executive officer
  • Represented a start-up technology client in its executive compensation matters and structured its equity incentive programs
  • Represented a client by assisting in the organization of a new life sciences venture with United States, Ireland, and Bermuda operations and drafted numerous cross-border agreements including a Supply and Distribution Agreement, Intellectual Property License Agreement, Intellectual Property Development Agreement, Recharge Agreement, Restricted Stock Award Agreement (U.S.), and Repurchasable Shares Award Agreements (Ireland)—the client was soon after acquired in a 2014 cash-and-stock transaction valued at approximately $660 million
  • Worked on a multi-million dollar acquisition of four automobile dealerships in Rochester, New York, which required implementation of a unique deal structure to avoid New York State sales tax on loaner and service vehicles
  • Represented Beatrice Cheese in a decision finding a Wisconsin taxing statute discriminated against interstate commerce by providing a direct commercial advantage to local businesses in violation of the Commerce Clause of the United States Constitution (1993 WL 57202 (Wis.Tax.App.Com.))
  • Represented Sara Lee Corporation in a decision finding that Texas services were not properly classified as taxable real property services (1995 WL 15337 (Tex.Cptr.Pub.Acct.)) and Standard Meat Company, then a unit of ConAgra Foods, in a decision that Texas services neither qualified as taxable maintenance of tangible personal property nor taxable real property services (1992 WL 308718 (Tex. Cptr.Pub.Acct.))
  • Represented a New Zealand-based entity and both organized and later restructured its U.S.-based technology start-up
  • Represented a national pension trust in negotiating the tax aspects of a joint venture development of a two-phase, multifamily real estate development in Minneapolis, Minnesota
  • Advised the Chicago Park District with respect to the Illinois Truth in Taxation Law, 35 ILCS 200/18-55 et seq., which provides procedures taxing districts must follow when adopting tax levies
  • Advised an investor group on the tax aspects related to transferring membership interests in multiple, student housing developments located across the country
  • Represented a national banking association in successfully petitioning the Illinois Tax Tribunal for the multimillion-dollar refund of income and replacement tax previously assessed against various trusts lacking sufficient minimum contacts with the state as required under the Due Process Clause of the Fourteenth Amendment and the Commerce Clause of the U.S. Constitution
  • Represented clients successfully applying for participation in the Internal Revenue Service’s Offshore Voluntary Disclosure Program
  • Represented clients in successfully negotiating favorable voluntary disclosure agreements

Community/Civic Activities

  • American Bar Association, Section of Taxation, member

  • Adjunct Professor, IIT/Chicago-Kent College of Law (1993–1996)
  • Editorial Board of the Journal of Multistate Taxation (1991-1999)
  • Recognized as a "Leading Individual" by the International Tax Review, World Tax Edition, 2001-2005