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Kathryn A. Black

Shareholder
(907) 263-7219
Anchorage
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Practice Areas

• Banking and Commercial Finance
• Bankruptcy and Creditors' Rights
• Commercial Transactions
• Alaska Native Corporations and Public Housing Authorities Law
• Real Estate and Land Use Law
• Mergers and Acquisitions
• Telecommunications and Technology Law

Financial Institutions:  Ms. Black's practice consists of representation of financial institutions in all aspects of loan documentation and collections, including in-depth knowledge of bankruptcy, debtor/creditor rights, secured transactions, real estate financing, commercial loan documentation, foreclosures, repossessions, and the law of banking.

Business Development:  Ms. Black represents private business entities and non-profit corporations, including real estate developers, Alaska Native corporations, nonprofit religious and charitable organizations, and national business entities, in the negotiation and drafting of contracts, the formation of business organizations (corporations, limited liability companies, partnerships and joint ventures), environmental law (particularly as it relates to real property transactions), the negotiation and drafting of leases, and the analysis of Native law issues relative to Native land located in Alaska.

Resource Development:  Ms. Black represents many private business entities and financial institutions with respect to oil and gas interests in Alaska.  This representation includes preparation of financing documents in transactions collateralized by oil and gas interests and mining interests, review and analysis of oil and gas title opinions, negotiation and preparation of oil and gas leases, negotiation and preparation of exploration agreements, review and analysis of mining leases, and negotiation and preparation of mining leases.

Education

• University of Santa Clara School of Law (J.D., magna cum laude, 1979)
• University of Colorado, Boulder (B.A., 1973)
• University of San Francisco

Admitted to Practice

• Alaska

Awards and Honors

• Ranked in Chambers USA, America's Leading Business Lawyers, as one of the nation's top practitioners in the areas of corporate law and mergers and acquisitions
• Martindale-Hubbell AV rated

Representative Transactions

• Represented a nonprofit corporation in the acquisition of a large parcel of real property and the associated land use and leasing issues.
• Represented nonprofit corporations and Native housing authorities with respect to tax exempt bond financing.
• Representation of several Alaska Native regional corporations and village corporations with respect to all aspects of business, from formation of various entities, shareholder and stock transfer issues, and land exchanges and sales.
• Representation wih respect to the formation and operation of corporations qualified under 8(a) and other direct award government contracts.
• Representation of hedge funds with respect to the financing of acquisitions of oil and gas interests by private companies.
• Representation of private companies with respect to oil and gas leases and exploration agreements.
• Representation with respect to the review and analysis of oil and gas title opinions.
• Representation of the third largest operator of private prisons in the United States in the purchase of halfway houses and other prison facilities in Alaska. This representation required analysis of the transaction documents as they related to Alaska law, particularly involving issues of title insurance, real property due diligence, and the formation of an Alaska subsidiary corporation.
• Represented a private investor in the financing of a hotel and spa on the island of Maui, Hawaii.
• Represented a nonprofit corporation with respect to the organization and business operations of a manufacturing extension partnership for the State of Alaska.
• Representation with respect to the acquisition of a large telecommunications company.  This representation included due diligence, assistance with all transfer documents, including leases and licenses, advice regarding security interest in all assets, assistance with formation of new business entities, and negotiation and preparation of required legal opinion letters.
• Represented a private certificated air taxi service in all aspects of its business and in the eventual sale of all of its properties in Alaska.
• Represented a lending institution in the construction of an aerial tram, including the assignment of various state and government leases.
• Represented the Port of Seattle with respect to its interests in the bankruptcy of an Alaska-based air carrier, MarkAir, Inc., including the collection of passenger facilities charges and an avoidance action filed by the Chapter 7 trustee.
• Represented the Municipality of Anchorage, Municipal Light and Power, in connection with its acquisition of a one-third interest in the Beluga oil and gas fields located in Cook Inlet, Alaska; primary attorney responsible for the oil and gas lease title opinion and the due diligence process required of Municipal Light and Power in connection with the closing of the transaction.
• The negotiation and drafting of the documentation for numerous lines of credit and long-term loans to Alaska Native Corporations, involving the analysis of special issues relative to the Alaska Native Claims Settlement Act (ANCSA) and the Alaska National Interest Lands Conservation Act (ANILCA), particularly as those acts impact real estate lending.
• Representation of the Northwest Farm Credit Services with respect to a multi-million dollar loan backed by Native-owned timber assets
• Represented a lender in connection with three housing projects located on military reservations. These projects were developed by private developers under Section 801 of the Federal Procurement regulations and involved long-term leases with the U.S. government, including the Army and the Air Force. Each of the loans on these projects was in excess of $30 million. The representation involved all aspects of construction financing and documentation, including negotiation with the government on the terms of the long-term leases and perfection of the lender's interests through deeds of trust, assignments of leases and assignments under the 1940 Assignment of Claims Acts.

Publications

• Co-Author, "Emerging Doctrines of Fiduciary Responsibility of Credit Union Officials," The Business Lawyer, Vol. 40/Issue 3, May 1985.
• Co-Author, "When Worlds Collide: Alaska Native Corporations and the Bankruptcy Code," Alaska Law Review, Vol. VI, Issue 1, June 1989.

Professional and Community Activities

• American Bar Association
• Alaska Bar Association, Bankruptcy and Business Law Sections