International Lending
In the late 1980s, when most U.S. commercial lenders refused to consider making loans secured by collateral located outside of the United States or loans to foreign affiliates of U.S. companies, Goldberg Kohn correctly predicted that, as U.S. middle market companies became more globalized, U.S. lenders would inevitably become involved in international lending in order to respond to their borrowers' global needs. The firm saw this as a tremendous opportunity and embarked on an intensive program to develop proficiency in the representation of U.S. commercial lenders in international asset-based lending transactions, writing and lecturing extensively and developing strong working relationships with law firms in many countries. Those efforts paid off: Goldberg Kohn quickly moved to the forefront of this new area of the law, and remains there today.
During the past 10-plus years the firm has represented clients in scores of international lending transactions in Europe, Asia, and South and Central America, ranging from simply taking foreign collateral or guaranties to financing complex acquisitions involving funding in multiple foreign currencies. As a result of Goldberg Kohn's international lending experience, the firm has also had the opportunity to work extensively with the United Nations Commission on International Trade Law (UNCITRAL) on various projects aimed at helping countries modernize their secured transactions laws, including:
- The United Nations Convention on the Assignment of Receivables in International Trade, approved by the United Nations General Assembly in December 2001.
- The UNCITRAL Legislative Guide on Secured Transactions, which was approved by UNCITRAL in December 2007, including the Supplement on Financing Intellectual Property (approved in 2010) and the current project on registry systems.
Richard Kohn serves on the Expert Group in connection with these projects, and served as a consultant to the U.N. in connection with the Legislative Guide.
A number of the firm's lawyers frequently give presentations regarding international finance and have written several articles on the subject. For almost 20 years, Richard Kohn served as the Co-General Counsel of the Secured Finance Network (a/k/a SFNet and formerly the Commercial Finance Association). SFNet is the principal U.S. trade association for banks and other financial institutions that provide asset-based commercial financing to business borrowers. SFNet's members include all of the major and regional banks, as well as other large and small commercial lenders in the United States. The firm has been heavily involved in planning SFNet's annual, intensive two-day conference on international lending.
Goldberg Kohn has well-established relationships with law firms throughout the world, and regularly calls upon these firms when conducting cross-border transactions. The firm is a member of Meritas, a long-standing business alliance of nearly 200 carefully selected independent law firms with offices located in most of the principal countries throughout the world.
News
- September 1, 2023
- February 6, 2023
- November 8, 2022
- February 22, 2022
- January 28, 2022
- October 10, 2021
- September 2, 2021
- August 5, 2021
- February 3, 2021
- September 30, 2019
- May 26, 2019
- January 28, 2019
- January 25, 2018
- January 13, 2017
- January 8, 2016
- June 11, 2015
- March 13, 2015
- September 10, 2014
- May 23, 2014
- March 19, 2014
- January 13, 2014
- April 23, 2013
- March 16, 2012
- April 13, 2011
- April 18, 2007
Publications
- October 10, 2021The Secured Lender
- February 6, 2019Reproduced with permission from The Secured Lender
- July 20, 2012Uniform Commercial Code Law Journal
- July 2012The Secured Lender
- July 2012The Secured Lender
- March 7, 2012An Op-Ed Published in The Washington Times
- August 1, 2001Reproduced with permission from The Secured Lender
- July 1, 2000
- June 1, 1999Reproduced with permission from The Secured Lender
Speaking Engagements
- November 15, 2019
- May 12, 2019
- April 1, 2018
- September 15, 2016
- November 1, 2014
- September 10, 2014
- May 1, 2014
- April 25, 2013
- February 15, 2009
- February 16, 2012
- June 16 - 17, 2011
- June 14, 2011
- May 15, 2010
- April 1, 2009
- March 1, 2009
- March 1, 2009
- March 5-6, 2008
- February 14, 2008
- September 20 - September 21, 2007