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 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.
- 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
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?
Erik W. Hepler
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.Close
James C. Schulwolf
Shipman & Goodwin
Mr. Schulwolf represents senior and mezzanine lenders, venture capital investors (including SBIC’s), private... | Read More
Mr. Schulwolf represents senior and mezzanine lenders, venture capital investors (including SBIC’s), private equity funds, hedge funds, emerging growth companies and private companies in financing, investment, leasing, acquisition, corporate, licensing and restructuring transactions. He regularly advises these clients with respect to structuring, negotiating, and closing complex transactions.Close