PDF Version - Melchert Hubert Sjodin
Transcription
PDF Version - Melchert Hubert Sjodin
Kaarin K. Foede, Associate [email protected] (952) 442-7713 Kaarin Foede is an associate in the Commercial Practice Group of the Melchert Hubert Sjodin law firm, practicing principally in the areas of: Farming / Agri-business Banking and Financial Institutions Business and Corporate Law Commercial and Corporate Finance Creditors’ Rights Litigation and Dispute Resolution Real Estate Practicing law for more than 15 years, Kaarin has a thriving practice representing a wide range of business clients including: Farms Agriculture related businesses Banks and financial institutions Businesses and nonprofit organizations Real estate Kaarin is a member of the Independent Community Bankers of Minnesota (ICBM). She is also a member of the Minnesota State Bar Association (MSBA), Agricultural and Rural Law, Bankruptcy, Business Law, Military and Veterans Affairs, and Real Property Law Sections; Minnesota Women Lawyers (MWL); and the Eighth District and Hennepin County (HCBA) Bar Associations. She is also is very active in the community, serving on several boards and as a volunteer for many organizations. Born in Mankato, Minnesota, Kaarin received her B.A. in Political Science from Mankato State University and her J.D. from Hamline University School of Law. She joined Melchert Hubert Sjodin in 2008 after practicing with another law firm. Agriculture Kaarin began her practice many years ago with a focus on representing farmers and other agricultural businesses in a very wide variety of legal matters, including: Waconia Office Main Street Exchange Building 121 Main Street West, Suite 200 Waconia, Minnesota 55387 Phone: 952.442.7707 FAX: 952.442.6166 Chaska Office 102 5th Street West Chaska, MN 55318 Phone: 952.442.7707 FAX: 952.442.6166 Hutchinson Office 22 Main Street North Hutchinson, MN 55350 Phone: 320.587.2046 FAX: 320.587.2046 Land use and regulation Environmental and contractual disputes Agri-business financing and workouts Agricultural creditor priority disputes Family farm businesses formation, unwinding, and related transactions APHIS and other federal agency investigation defense Chapter 12 bankruptcy Since the early 2000s, many agriculture related legal structures have remained constant, while other exciting developments have occurred: The continued postponement of the sunset date on Minnesota’s Famer-Lender Mediation Act. The dramatic implementation of Revised Article 9 of the UCC. The new LLC Act. Populist trends have emerged (consumer-driven local, organic, and humane food movements). Residing in rural Carver County, Kaarin is directly involved with many of the stakeholders associated with the myriad and often competing interests affecting agri-business activities, and the ripple effect that even small statutory or policy changes can have on neighbors and other Minnesota communities. Because of this background and perspective, Kaarin strives to both help her clients achieve their aspirations, as well as teach them about the framework in which they are operating, whether they are regulatory, contractual, or litigation. Banking and Financial Institutions Kaarin has represented lenders of all sizes in various contexts, and works closely with state chartered banks on compliance with state and federal law, including: Electric Fund Transfers Act (“EFTA”) and Regulation E Equal Credit Opportunity Act (“ECOA”) and Regulation B Fair Credit Reporting Act (“FCRA”) and Regulation V Fair and Accurate Credit Transactions Act (“FACTA”) and regulations Fair Debt Collection Practices Act (“FDCPA”) and Regulation F Home Mortgage Disclosure Act (“HMDA”) and Regulation C Real Estate Settlement Procedures Act (“RESPA”) and Regulation X Truth in Lending Act (“TILA”) and Regulation Z Melchert Hubert Sjodin’s attorneys believe in working proactively with our bank clients to help prevent later problems. Kaarin collaborates with clients to address concerns relating to lender liability issues, credit access, workouts, and bankruptcies. She also embraces a team approach to ensure prompt and comprehensive client service, by calling on attorneys in the Melchert Hubert Sjodin law firm practicing other disciplines, such as employment law. Business and Corporate Law Kaarin provides legal counsel to businesses and to individuals seeking to create a business enterprise. While often viewed as incidental to other areas of legal practice (for example, asset transactions, land use and regulation, and financing), Kaarin knows that being well versed in all aspects of business law is fundamentally important to client service. Few activities are more rewarding to Kaarin than working with entrepreneurs to help them realize their business aspirations. In addition to providing guidance to start-ups, Kaarin offers legal services to business in many circumstances, such as: Restructuring Governance Operations Mergers and Acquisitions Contracts Regulation Succession planning Finance Winding down and dissolution Further, due to Melchert Hubert Sjodin’s robust support of the communities it serves, Kaarin enjoys an energetic and rewarding practice working with Nonprofit Organizations. Commercial and Corporate Finance The attorneys in the Commercial Practice Group at Melchert Hubert Sjodin are committed to providing value to their clients, and Kaarin’s experience in representing diverse parties involved in complex financing and collateralization situations helps her provide cost-efficient but effective client service. Whether a business client’s aim is a buyout, acquisition, recapitalization, corporate restructuring, or implementation of growth strategies, Kaarin is well versed in commercial loan and credit transactions, and engages in effective negotiation. She prepares documents with an attention to detail and concern for practical consequences, closing logistics, and post-transaction, long-term, consequences to the client and its personnel. Much of Kaarin’s experience in this area of law is the result of years of representing creditors by both documenting and closing loans for lenders, as well as enforcing them in a workout or collection setting. Drawing on this knowledge, as well as the experiences shared by others in the firm’s Commercial Practice Group, allows Kaarin to more efficiently identify the potential pitfalls and issues that should be addressed by the parties before a transaction is inked. Creditors’ Rights Kaarin has represented creditors on each of the “front end” and the “back end” of a lending relationship for many years. Her extensive experience in helping creditors pursue their contractual and statutory rights in the collection of debts, and realization of any collateral, enables her to provide quick and efficient intervention, particularly when time is of the essence and the collateral is disappearing, or another claimant is attempting to exercise control of the same asset. She enjoys the fast-paced world of creditor remedies with its diverse demands and competing and complimentary legal principles and remedies, including the United States Bankruptcy Code and rules, Article 9 of the Uniform Commercial Code, statutory liens, Replevins, Receivers, common law, and contract provisions. Kaarin is a frequent presenter and trainer to banks and financial institutions on creditors’ rights, lien perfection and priority, loan documentation, collection remedies, and Bankruptcy. Litigation and Dispute Resolution Kaarin represents business clients in state and federal district courts, and in arbitration. She understands that a client’s goal is to conduct business and not be preoccupied by initiating necessary, or defending frivolous, claims. Kaarin’s approach is pragmatic in that she educates her clients regarding the costs and risks of engaging in litigation, as well as the current status of the applicable areas of the law. Kaarin seeks opportunities for resolution if such a compromise is in the client’s business and financial interest. With her background in business litigation, banking and finance litigation, mechanic’s lien enforcement, and bankruptcy litigation, Kaarin brings a thorough knowledge of the substantive laws, solid analytical ability, and a commitment to energetically and persistently advocating for her clients’ interests. Real Estate Kaarin’s introduction to real estate law, on her first day of practice, was to learn how to examine titles and prepare an attorney’s title opinion. It was a practical prologue to a career since spent representing clients in real estate transactions, whether the real estate is the primary focus (a sale or lease), serves as collateral for a loan documented or collected by her, or is incidental to a business enterprise that was subject to regulatory scrutiny or government enforcement. Admissions U.S. District Court, District of Minnesota (2001) Minnesota (1998) Education J.D., Hamline University School of Law B.A., Political Science, Mankato State University A.A., Bethany Lutheran College Professional Activities ICBM MSBA, Agricultural and Rural Law, Bankruptcy, Business Law, Military and Veterans Affairs, and Real Property Law Sections Eighth District Bar Association HCBA MWL Community Involvement The NYA West Carver Lions Club Norwood Young America Area Chamber of Commerce, Board Member Norwood Young America Beyond the Yellow Ribbon Network, Secretary and Member of the Steering Committee League of Women Voters of Eastern Carver County Sustainable Farming Association, Crow River Chapter Willkommen Heritage & Preservation Society of Norwood Young America