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Home/ People/ Kenneth S. Witt

Kenneth S. Witt

Affiliated Counsel

Business, Corporate and Securities
Scottsdale P: 480.429.4864 F: 480.429.5001

An experienced corporate and securities attorney, Ken represents commercial banks and other institutional clients as well as companies in a number of industry verticals, including energy, software and computer hardware technology, private investment funds and other commercial and industrial clients. His work includes institutional investments, mergers and acquisitions, venture capital and securities regulation. Ken advises firm clients on Corporate Transparency Act compliance and is a leader of Kutak Rock’s CTA Client Service Team.

 

A graduate of Harvard University (A.B., 1980) and Harvard Law School (J.D., 1983), Ken is rated "AV (Preeminent)" by Martindale-Hubbell®.

  • J.D., Harvard Law School
  • A.B., Harvard University, Phi Beta Kappa
  • Arizona
  • Arizona Bar Association

Called “business friendly” by his clients, Ken emphasizes quality, value and results. His work for his clients runs the gamut: from assisting leading commercial banks with private equity and venture capital fund investments to public securities and M&A work to representation of venture-backed clients that are developing cutting-edge software solutions.

Speaking Engagements
  • "Offering Digital Tokens Under Reg A+: Blockstack as a Fundraising Template for Blockchain Businesses" Strafford CLE Webinar, November 2019 (co-presenter) 
  • "Blockchain and Cryptocurrencies," Select Topics in Technology Transactions Law for Corporate Counsel, Kutak Rock CLE, Omaha, November 2019 (presenter) 
  • "Harvard Alumni Entrepreneurs Showcase," Denver, September 2019 (panel moderator)
  • "The Crypto-Craze and Blockchain Blues," Protecting Corporate Interests from the Inside, Kutak Rock CLE, Kansas City, June 2019 (presenter)
  • “Private Placements: A View From the Courtroom,” Kutak Rock CLE, Omaha and Denver, April 2018 (presenter)
  • "Harvard Alumni Entrepreneurs Showcase," Denver, Colorado, September 2018 (panel moderator)
  • “Harvard Alumni Entrepreneurs Showcase,” Denver, Colorado, September 2017 (panel moderator)
  • Urban Land Institute Mexico Energy Reform Breakfast Part III, Mexico City, September 2015 (panel moderator)
 Publications
  • “Immigration Due Diligence in M&A Transactions,” Bloomberg Law, December 2021 (co-author)
  • "The SEC Finally Kicks Kik to the Curb: Federal Court Grants Summary Judgment to the SEC, Holding that Kin Tokens are Securities,"   Client Alert, October 5, 2020 (co-author)
  • "CryptoMom to the Rescue: SEC Commissioner Peirce Proposes a Crypto Token Offering Safe Harbor," Client Alert, February 6, 2020 (co-author)
  • "Beware Co-Investments In Private Equity Fund Agreements," Law360, January 24, 2020 (co-author)
  • "The SEC KO’s IEOs: Initial Coin Offerings Dressed Up as Initial Exchange Offerings Still Have to Comply with the U.S. Securities Laws," Client Alert, January 15, 2020, (author)
  • "Telegram's ICO is in a "TON" of Trouble: Another High-profile Enforcement Action from the SEC," Client Alert, October 14, 2019 (co-author) 
  • “Launch of Binance US Can Have Far-Reaching Effects on Crypto Market,” Cointelegraph, September 30, 2019 (quoted)
  • “The SEC Agrees That an Eighth-Grader’s ‘Quarters’ Tokens Are Not Securities,” Client Alert, July 26, 2019 (co-author)
  • “The SEC Clears an ICO Under Regulation A+: Blockstack Holds the First Regulated Token Offering,” Client Alert, July 16, 2019 (co-author)
  • “SEC and FINRA Issue Joint Statement on Broker-Dealer Custody of Digital Asset Securities,” Client Alert, July 11, 2019 (co-author)
  • “Digital Assets as Securities under Federal Law: The SEC’s New Framework as Applied to Kik’s 2017 ICO,” Client Alert, June 6, 2019 (co-author)
  • “Crypto-Concerns: Initial Coin Offerings and the U.S. Securities Laws in the Wake of Aggressive SEC Enforcement Actions,” Denver Law Review, April 2019 (co-author)

Institutional Investment; Venture Capital and Technology
  • Representation of leading commercial bank in connection with multiple private fund investments, including venture capital, private equity and SBIC funds.
  • Representation of leading financial services firm in equity investment in private REIT.
  • Representation of crypto-token issuer in $6 million financing.
  • Representation of venture-backed, ag-tech client in Series B Preferred Stock financing.
  • Representation of ag-tech client in connection with financing and Delaware conversion.
  • Representation of medical technology client in corporate governance and financing matters.
  • Representation of technology client in connection with strategic alliance with international semiconductor firm, including an exclusive, world-wide license for chip memory technology.
  • Representation of international medical technology firm in connection with venture financing and organization.
  • Representation of non-U.S. investor in connection with numerous U.S. venture capital fund investments.
  • Representation of U.S. financial institution in connection with numerous venture capital investments.
Securities & M&A
  • Representation of seller in asset sale by chain of convenience stores.
  • Acquisition by merger of ag software company by venture-backed client.
  • Acquisition by purchase of membership interests of ag-tech company by venture-backed client.
  • Representation of real estate developer in multiple private placements.
  • Registered direct and at-the-market public offerings for oil and gas exploration and production ("E&P") company. 
  • Takedowns of common stock and warrants from S-3 shelf registration by E&P company and 1934 Act filings and reporting.
  • Debt/equity exchange for publicly held oil and gas company.
  • Representation of publicly held seller of oil and gas assets in North Dakota.
  • Representation of seller of oilfield services subsidiary to private-equity-backed buyer.
  • Representation of independent E&P company in $200 million universal shelf public offering, resale registrations on Form S-3 and 1934 Act filings and reporting.
  • Reverse merger acquisition by energy services firm and related public securities work.

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  • Martindale-Hubbell®, "AV (Preeminent)" Rating
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