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Benjamin D. Kern

Partner

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Practices
Industries
International
Education
  • Cornell University Law School, JD, 1997
  • Cornell University, MBA, 1996
  • Indiana University, BA, 1992
Admissions
  • Illinois
Affiliations

Board of Directors, Illinois Technology Association

Member, Illinois State Bar Association

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Ben is a partner in McGuireWoods’ corporate group, whose practice is focused on technology companies and technology transactions. He represents technology companies in connection with a broad spectrum of activities, from formation through capital transactions, intellectual property matters, personnel matters, commercial and strategic relationships, and exit. He represents professional investors in connection with the structure, negotiation, and documentation of investment transactions, as well as the management of investments from initiation to disposition. Ben also represents technology and non-technology companies in connection with their technology commercialization, procurement, licensing, services, joint venture and outsourcing transactions.

Ben’s practice has spanned verticals and industries including wireless; alternative energy; technology services; enterprise and stand-alone software; social networks, applications and gaming; cloud-based transactions, software as a service (SaaS); for-profit and nonprofit higher education; as well as device and component design, manufacturing, resale and OEM transactions.

vCard
T: +1 312 321 7661F: +1 312 698 4576bkern@mcguirewoods.com77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

Representation of professional investors in connection with several hundred investment transactions, including seed-stage funding, convertible and bridge note transactions and preferred stock transactions.

Representation of technology companies in raising capital from investors including angels, venture capitalists and strategic investors.

Representation of buyers in domestic and international technology and business acquisitions, including asset purchase, equity purchase, merger, licensing and joint venture transactions.

Representation of sellers in company sale, public offering, company spin-out and other entity restructuring and change of control transactions, with deal valuations ranging from less than $10 million to more than $1 billion.

Representation of operating companies in complex global technology and infrastructure outsourcing transactions, including transactions with expected expenditures in excess of $400 million.

Representation of corporate innovators in new product development, licensing, marketing, distribution and sales transactions.

Representation of collaborative enterprises in structuring joint development, joint ventures and technology transfer and sharing arrangements.

Representation of telecommunications providers in hardware and software procurement transactions, including transactions with expected expenditures in excess of $100 million.

Representation of colleges and universities in their technology commercialization activities, including licensing and research transactions, as well as spin-out and equity participation structures.

Representation of online companies in connection with data privacy, security, proprietary rights and cross-border issues.

Named to “Illinois Rising Stars,” Business/Corporate, Information Technology/Outsourcing, Super Lawyers, Thomson Reuters, 2008-2010

Author, "Guest Column: Legal Considerations in Technology Product Launches," The New Technology Elite: How Great Companies Optimize both Technology Consumption and Production, Vinnie Mirchandani, John Wiley and Sons, Inc., 233-239, 2012
Author, Whacking, Joyriding and War-driving: Roaming Use of Wi-Fi and the Law, 21 Santa Clara Computer & High Tech. L. J. 101-163, (cited in U.S. v. Ahrndt, January 2010), 2004
Panelist, CloudCamp Executive Roundtable, March 5, 2010
Speaker, "The Uniqueness of Software Licensing Agreements” and “Software Licensing and Navigating the SaaS Contract," 2010 Caucus IT Procurement Summit, September 2010
Speaker, "Sometimes Common Stock Just Ain’t Enough: Structuring Early Stage Investments," Financing New Ventures, Illinois Institute of Technology, April 2010
Panelist, CloudCamp Executive Roundtable, March 5, 2010
Speaker, "Life Sciences Innovation from Research Institutions & Incubators," 7th Annual Healthcare and Life Sciences Private Equity & Finance Conference: Healthcare and Life Sciences Investing: The Road to Recovery, February 11, 2010
Speaker, "Methought I was Enamored of SaaS: Strategies for Achieving SaaS Success," Illinois Technology Association SaaS Roundtable, December 17, 2009
Guest Lecturer, "From Idea to IPO: A Legal Primer for Entrepreneurs," University of Illinois at Chicago Institute for Entrepreneurial Studies, November 19, 2009
Speaker, "Wi-Fi Crimes and Misdemeanors: The Open Network Dilemma," Computer Crimes in the Wireless Age," National Attorneys General Training & Research Institute/ National Center for Justice and the Rule of Law, University of Mississippi School of Law, October 23, 2008
Speaker, "Jump-Starting Your New Venture: Key Legal Issues for Entrepreneurs," SIUC Office of Research Development & Administration, SIUC Small Business Incubator and Southern Illinois Research Park, September 25, 2008
Speaker, "WiFi Liability: Legal Risks in Accessing and Operating Wireless Internet," American Bar Association, Section of Science and Technology Law and the ABA Center for Continuing Legal Education, Teleconference and Live Audio Webcast, September 25, 2007
Speaker, "Effective and Fair Contract Negotiation," Association of Corporate Counsel MCLE Program, June 20, 2007