Drafting Legal Opinions for Article 9 Security Interests: Navigating the Complexities and Avoiding Liability
Scope and Limitations, Interests of Opinion Giver and Recipient, Applicability of Other States' Laws
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide counsel in preparing and providing opinion letters for commercial financing transactions involving security interests under Article 9. The panelists will review the scope and limitations of the opinion, the balancing of the interests of opinion givers and recipients, and the applicability of crucial Article 9 choice-of-law rules.
Outline
- Legal opinions regarding security interests under Article 9 and customary practice
- Scope and limitations on security interest opinions
- Issues that may cause concern to the opinion giver or the opinion recipient
- When the law of another state applies
Benefits
The panel will review these and other critical issues:
- What role does customary practice have in drafting opinion letters for security interests under Article 9?
- How broad should the scope of an Article 9 opinion be, and what are the limitations?
- How can counsel reduce risk exposure when providing Article 9 opinion letters?
Faculty
Erik W. Hepler
Partner
Kirkland & Ellis
Mr. Hepler concentrates his practice on secured debt financings. He represents borrowers and lenders in connection... | Read More
Mr. Hepler concentrates his practice on secured debt financings. He represents borrowers and lenders in connection with syndication loan facilities, bridge financings, notes offerings, mezzanine loans and intercreditor arrangements. He also advises debtors and lenders in restructurings and insolvency proceedings. He chairs his firm's Opinion Committee.
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James C. Schulwolf
Partner
Shipman & Goodwin
Mr. Schulwolf is a partner in Shipman's Business and Corporate Practice Group. He focuses his practice on... | Read More
Mr. Schulwolf is a partner in Shipman's Business and Corporate Practice Group. He focuses his practice on advising clients in financing, investment, acquisition, and restructuring transactions. In the Finance sector, Mr. Schulwolf regularly represents financial institutions including banks, mezzanine funds, and other institutional investors in structuring, documenting, and closing complex senior and mezzanine financings, including mezzanine financings with equity co-investments. He regularly represents lenders in connection with acquisition financings, financing of alternative energy projects (including wind, solar, and fuel cell projects), asset-based loans, cash flow loans, and syndicated credit facilities and he also represents Shipman's corporate clients and private equity portfolio companies in their financing transactions.
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