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Home/ People/ Kenneth S. Witt

Kenneth S. Witt

Of Counsel

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

An experienced corporate and securities attorney, Ken represents institutional clients, as well as technology companies in a number of industry verticals, including crypto, energy, software and medical technology. His work includes institutional investments, mergers and acquisitions, venture capital, public securities work and other financing transactions. 

  • J.D., Harvard Law School
  • A.B., Harvard University, Phi Beta Kappa
  • Arizona
  • Colorado
  • Colorado 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 crypto/blockchain, ag-tech, encryption, software, semiconductor and medical technology 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
  • "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)
Community Involvement
  • Member of the Board of Directors of the Scottsdale Bar Association
     

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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