1. law, govt and politics

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:
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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:
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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
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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:
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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:
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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:
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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
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U.S. District Court, District of Minnesota (2001)
Minnesota (1998)
Education
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J.D., Hamline University School of Law
B.A., Political Science, Mankato State University
A.A., Bethany Lutheran College
Professional Activities
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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
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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