Andrew Kaufman is Of Counsel to the Corporate Group in the Chicago office, focusing his practice principally in the areas of debt financing and secured transactions, leasing, structured financings, workouts and reorganizations, and general corporate practice.
Endorsed by clients as having "high intellect, substantive knowledge, and long experience," Andrew has been listed annually since 2005 in Chambers USA, America's Leading Lawyers for Business and since 2009 in Chambers Global, The World's Leading Lawyers for Business in the area of Banking & Finance. In 2011, he was selected as an "Illinois Super Lawyer" by Super Lawyers magazine.
Andrew is the founder and former head of the Firm's Debt Finance Practice. Clients Include: major private equity firms (as both lenders and borrowers); major national lending institutions; technology, telecom, energy, manufacturing, transportation, and banking companies and institutions.
- Negotiation, structuring and documentation of secured and unsecured financing transactions for both borrowers and lenders
- Acquisition and working capital financings, LBO and mezzanine financings, term loan, revolving loan and letter of credit facilities
- Project and asset-based financings; asset securitization transactions
- Senior and subordinated debt transactions; public and private placements
- Commercial paper and letter of credit transactions
- Private label and affinity credit card arrangements
- Loan participations, subordination agreements and intercreditor issues
- Credit enhancements, rate swaps and other derivative transactions
- Construction and permanent real estate financing
- Extensive Uniform Commercial Code background and experience; recognized authority regarding Article 9 Secured Transactions
Workouts, Reorganizations and Bankruptcy
Financing counsel for Flying J, Calpine, NRG Energy, Inc., Exide Technologies, TWA, Mandala Nusantara Limited, Asia Power WW Limited, MNL Indonesia Funding Corp., and Harnischfeger Industries, Inc. (n/k/a Joy Global).
- Representation of creditors and debtors in loan workouts and restructurings
- Chapter 11 reorganizations for creditors and debtors -- counseling and strategic planning; representation of parties in Chapter 11 proceedings, including negotiation and documentation of debtor-in-possession financing and exit financing
- Single asset and revolving equipment lease financings
- Leveraged lease transactions for equipment and fixed assets
- Single asset and revolving synthetic lease transactions
- Acquisitions and dispositions of businesses and business assets
- Business organizations and capital formation
- Technology transfer and licensing
- General legal counseling for businesses
Teaching & Academic Activities
Executive Director and Professor from Practice, Lowell Milken Institute for Business Law and Policy, UCLA School of Law, Los Angeles, CA (2012 – Present)
Professor of the Practice of Law, Vanderbilt University Law School, Vanderbilt University, Nashville, TN (2009 – 2012; Adjunct Faculty 2005 – 2009). Courses included Secured Transactions, Current Issues in Transactional Practice, Introduction to Leveraged Buyouts and Realities of Commercial Lending - the Syndicated Loan Transaction.
Guest Lecturer, University of Southern California Law School, Los Angeles, CA – Presented Realities of Commercial Lending, short course, Fall 2011, 2009 and 2008
Chair, Kirkland & Ellis Legal Opinion Committee
Monthly Kirkland & Ellis internal training seminars addressing financing and secured transactions matters and legal opinion and risk management issues.
Memberships & Affiliations
Tri Bar Opinion Committee
Law Firm Advisory Board and Program Co-Chair, Working Group on Legal Opinions
Yale University Alumni Activities - Board of Directors, Yale Alumni Fund; Yale Alumni Schools Committee; Class Secretary, Class of 1971 (2011 – Present) Co-Chair, 40th Reunion (2011)
Vanderbilt University Law School – Board of Advisors (multiple terms, ended April 2012)
Member, Uniform Commercial Code Committee, Commercial Financial Services Committee, Legal Opinions Committee and Audit Responses Committee, American Bar Association Section of Business Law.
Former Chairman, Subcommittee on Lease Financings and Secured Transactions, Committee on Developments in Business Financing, American Bar Association Section of Business Law.
Frequent lecturer and author on financing and legal opinion issues at national professional seminars and programs and in related publications.
Recognized in The Best Lawyers in America, America's Leading Lawyers for Business, PLC Which Lawyer? Global 50, Who's Who in America and Who's Who in American Law.
Regular speaker at conferences and seminars including:
Working Group on Legal Opinions – Program Co-Chair and regular faculty member at semi-annual conferences, New York, NY (since 2008)
ALI – ABA Commercial Lending Today, Chicago, IL, June 2011 – "Intercreditor Agreements."
Law Seminars International, Licensing Transactions Conference, Seattle, WA, August 2012, 2011 and 2010, San Francisco, CA, July 2006 – "Financing License Transactions" and "Bankruptcy, Insolvency, and Licensing: Identifying and Managing Risks as Licensor and Licensee."
ABA Annual Meeting, San Francisco, CA, August 2010 – "Legal Opinions to Government Entities."
Conference of State Bank Supervisors, Portland, ME, August 2008 -- "Changing Climate for Borrowers and Lenders."
Presentation to Chinese Credit Project Delegation, New York, NY, October 2005 -- "Introduction to Personal Property Secured Lending in the United States."
Annual Computer and Information Law Institute, Dallas, Texas - annual planning committee and faculty member (1985-2007). Recent topics presented include: "Counseling the Financially Distressed Technology Company," "Financing Technology Start-ups," "Creating and Perfecting Security Interests in Intellectual Property" and "Intellectual Property Licenses in Bankruptcy."
PLI Intellectual Property Institute, New York, NY, September 2004 – "Bankruptcy, Insolvency and Licensing: Identifying and Managing Risks as Licensor and Licensee."
Chicago Bar Association, Chicago, IL, February 2003 – "Financing the Business Acquisition."
PLI Electronic Contracting Program, San Francisco, CA, May 2002 – "Counseling the Financially Distressed Technology Company: Finding and Preserving Value in E-Commerce Assets."
Active Communication International's (ACI) Intellectual Property 2002 Conference, Chicago, IL, March 2002 – "Structuring IP to Maximize Value - Insolvency Considerations."
CLE International Venture Capital Financing Conference, Chicago, IL, March 2002 – "Managing Meltdowns: Preliminary Considerations - Non-Bankruptcy Alternatives."
Co-chair and speaker at seminars in New York and San Francisco in April and May 2001 regarding Secured Transactions Under UCC Revised Article 9.