Kenneth S. Witt

(303) 292-7722
Of Counsel
(303) 292-7799 Fax
Kenneth.Witt@KutakRock.com

Mr. Witt is an experienced corporate and securities attorney in Kutak Rock LLP’s Denver office. A member of the firm’s Energy and Natural Resources Practice Group, Mr. Witt represents energy and technology companies and institutional clients in public offerings, mergers and acquisitions and financing transactions.

Mr. Witt works with clients in a number of industries: oil and gas exploration and production and services, cross-border investments, semiconductor technology, encryption, agricultural technology, software and information technology. Mr. Witt’s clients include non-U.S. family offices making inbound private equity investments.

Mr. Witt has acted as lead counsel on numerous other sophisticated transactions, including venture capital investments, information technology outsourcing, international finance (including joint ventures, cross-border finance and offshore funds) and strategic alliances.

Ranked "AV" (Preeminent) by Martindale-Hubbell®, Mr. Witt is a graduate of Harvard University and Harvard Law School.

Representative Experience:

  • Takedown of common stock and warrants from S-3 shelf registration by oil and gas exploration and production 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.
  • Local counsel for borrower in $200 million secured lending facility.
  • Representation of privately-held seller of Wyoming oil and gas assets.
  • Representation of seller of oilfield services subsidiary to private-equity-backed buyer.
  • Representation of financial technology firm in multiple venture capital financings.
  • Representation of publicly held midstream service provider in acquisition of oilfield services company.
  • Representation of issuer in residential real estate fund private placement.
  • Tax and corporate assistance to non-U.S. family office in restructuring of U.S. investment.
  • 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.
  • Representation of software as a service firm in corporate restructuring and financing transactions.
  • Project finance and strategic alliance work on behalf of North Dakota-based agricultural technology firm.
  • Reverse merger acquisition by energy services firm and related public securities work.
  • Representation of technology client in connection with strategic alliance with international semiconductor firm, including an exclusive, world-wide license.
  • Formation of private, Marcellus-focused, oil and gas investment fund.
  • Reorganization and recapitalization of North Dakota-based oil and gas services firm.
  • Assist energy-focused investment banking firm with structuring and compliance advice as to international engagements and transactions.
  • Representation of publicly held medical technology firm in acquisitions and divestitures.
  • Representation of publicly held data and information technology company in several divestitures.
  • Numerous buy-and-sell side representations of privately held companies.
  • Representation of non-U.S. family office in oil and gas private equity investments.
  • Assist petroleum product trading company with financing, structuring and compliance as to international transactions, principally involving Russia and former Soviet republics.
  • Representation of majority shareholder in sale of U.S. E&P company to publicly held buyer.
  • Acted as lead outside counsel to major U.S. financial institution in connection with cross-border mortgage program for U.S. buyers of Mexican real estate.
  • Representation of U.S. developer of residential and commercial project in the Middle East.
  • 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.
  • Representation of several offshore funds in connection with PIPE and other financings of U.S. firms.
  • Representation of publicly held information technology provider in connection with numerous information technology and business process outsourcing transactions with large governmental and publicly held clients, including global master services agreements.
  • Representation of global energy firm in connection with information technology outsourcing.
  • Representation of bioengineering firm in connection with technology transfer from major university.
  • Representation of agricultural technology firm in connection with university technology transfer and venture capital financing.

Publications:

  • Client Alert: Crude Conditioning: North Dakota Leads the Way (Parts I and II), November 14, 2014 and December 10, 2014.
  • Burleson LLP Blog: The Colorado Compromise: Problem Solved – or Cease Fire?
  • Denver Business Journal: "How Companies, Funders Can Evaluate Each Other," March 25-31, 2011.
  • National Renewable Energy Laboratories Cleantech Initiative Presentation: "Finding the Right Strategic Legal Partner for Your Growing Cleantech Company," November 30, 2010.