Baltimore, Maryland 21209
United States
Kristin Franceschi practices in the areas of corporate and securities law and public finance law.
Her practice includes structured finance; public and private offerings of debt securities, both high yield and municipal; borrower representation in conduit or CMBS loans; project finance; tax increment financings; defeasance transactions; arbitrage and tax structuring for municipal finance; and general municipal law. Kristin also has represented clients in the negotiation and drafting of technology service contracts and licensing arrangements.
Kristin is a member of DLA Piper's firmwide Policy Committee and its Derivatives Committee.
Finance
Kristin's finance practice centers around the representation of issuers, underwriters, credit enhancers, portfolio managers and sponsors in connection with public and private offerings of municipal and corporate debt securities. She also has considerable experience with derivative transactions, including swap transactions integrated with municipal securities.
Kristin's practice centers around the tax analysis relating to tax-exempt financings (e.g., financing for 501(c)(3) nonprofit organizations, multifamily residential rental housing projects, governments and other beneficiaries of tax-exempt bonds). She has extensive experience in structuring considerations, facility qualification, management contracts and private use allocations. Her public finance practice also encompasses post-issuance compliance matters, such as arbitrage rebate and change in use of bond-financed properties.
As part of municipal financing, many issuers of bonds or conduit borrowers enter into hedging products to cap, eliminate or reduce interest rate exposure. Kristin works with the parties to the transaction to incorporate the hedging documentation into the credit structure of the bond issue. She also synthesizes for clients the meaning of the ISDA or other hedging documentation that they are being asked to sign. Kristin is also experienced in the use of these hedging products to comply with Internal Revenue Service arbitrage rules or to permit transactions that might not otherwise be possible.
Additionally, Ms Franceschi represents clients in matters before the Internal Revenue Service, whether in the context of a private letter rulings, audits or the voluntary compliance program (VCAP).
Technology
Kristin has represented a variety of clients in the negotiation and drafting of technology service contracts, alliances, and licensing arrangements. Her approach to such projects commences with gaining a deep understanding of the client’s business needs, expectations, and goals; developing an appreciation for any intellectual property either being provided or to be developed by the client or the other party; and creating a strategy as to what points must be covered in the agreement and/or license agreement and the ownership and licenses to use any intellectual property rights. As a result, Kristin is able to structure documentation for clients that is flexible enough to not restrict the growth of the business or project but strong enough to provide the client a firm platform, based on intellectual property rights, to start the next venture.
Professional
Kristin is an active member of the American Bar Association's Section on Taxation and its Tax-Exempt Financing Committee. In 1999, she served as editor in chief of Federal Taxation of Municipal Bonds, published by the National Association of Bond Lawyers. In 2001 and 2002, Kristin served as the chair of the National Association of Bond Lawyers Opinions Committee, which updated its Model Bond Opinion Report, a publication that provides guidance to municipal finance professionals on matters related to bond opinions and related disclosure matters. She served as the chair of the Bond Attorneys Workshop in 2003 and in 2007 was elected to the board of the National Association of Bond Lawyers; she currently serves as its President. Kristin lectures nationally on arbitrage and other federal tax matters related to tax-exempt bonds. In 2013, Kristin was elected Fellow to The American College of Bond Counsel.
Areas of Practice | 1) Corporate, 2) Tax, 3) Finance, 4) Capital Markets, 5) Real Estate, 6) International Trade, 7) Regulatory and Government Affairs, 8) Derivatives and 9) Insurance and Reinsurance Disputes |
Law School | M.B.A., Stanford University, 1985; J.D., Stanford Law School, 1985 |
Education | B.A., The Johns Hopkins University, 1981 |
Bar Member / Association | Maryland State Bar Association, New York State Bar Association |
Most recent firm | DLA Piper |
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