Lawyers / Professionals
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Benjamin D. Kern
Partner
77 West Wacker Drive
bkern@mcguirewoods.comSuite 4100 Chicago, Illinois 60601-1818 F: 312.698.4576 |
Mr. Kern's transactional practice focuses on representing emerging growth companies and professional investors on finance and corporate matters, including venture capital financings, acquisitions, entity and capital structure, corporate governance and engagement of employees and service providers. He also advises start-up and Fortune 500 clients in connection with their commercial and technology-based matters, including licensing, distribution, marketing, sales and service transactions, and joint ventures.
Mr. Kern represents clients in complex global technology and infrastructure outsourcing transactions. He has experience in numerous facets, phases and structures of services and procurement transactions, including operational, support, development, and transformational service transactions. He also has experience negotiating and re-structuring transactions to address acquisitions, divestitures and other enterprise change.
He has extensive experience in telecommunications, wireless and Wi-Fi; alternative energy and biofuels; enterprise and stand-alone software; software as a service (SaaS); as well as device design, manufacturing, resale and OEM transactions. He also has significant experience with university technology transfer and commercialization, including transactions related to licensing, research, and spin-out entity formation and financing.
- Private Equity & Venture Capital
- Technology & Software
- Technology & Outsourcing
- Japan Practice Group
- Mergers & Acquisitions
- Securities & Corporate Finance
- Emerging Company & Venture Capital Group
- Named an Illinois Super Lawyer "Rising Star," Law & Politics, 2008, 2009, 2010
- Partner, Gordon & Glickson, Chicago, Illinois
- Associate, Winston & Strawn, 1997-1999
- "Roaming in the USA: Using Open Wi-Fi Connections under US Law," 2 Computer Law Review International 33-38, 2006
- "Whacking, Joyriding and War-driving: Roaming Use of Wi-Fi and the Law," 21 Santa Clara Computer & High Tech. L. J. 101-163, 2004 (cited in U.S. v. Ahrndt, January 2010)
- "Privacy and Outsourcing: Selected Regulatory Topics," Co-author, Practicing Law Institute - The Outsourcing Revolution 2003, 2003
- "Negotiating Effective Service Level Agreements," Co-author, Journal of Healthcare Information Management 17:2, p. 9-10, 2003
- "Sometimes Common Stock Just Ain't Enough: Structuring Early Stage Investments," Financing New Ventures - Illinois Institute of Technology, April 2010
- Panelist, CloudCamp Executive Roundtable, Chicago, Illinois, March 5, 2010
- "Life Sciences Innovation from Research Institutions & Incubators," McGuireWoods' 7th Annual Healthcare and Life Sciences Private Equity & Finance Conference, Chicago, Illinois, February 11, 2010
- "Methought I was Enamored of SaaS: Strategies for Achieving SaaS Success," Illinois Technology Association SaaS Roundtable, Chicago, Illinois, December 17, 2009
- "From Idea to IPO: A Legal Primer for Entrepreneurs," Guest Lecturer, University of Illinois at Chicago Institute for Entrepreneurial Studies, Chicago, Illinois, November 19, 2009
- "Wi-Fi Crimes and Misdemeanors: The Open Network Dilemma," Computer Crimes in the Wireless Age Seminar, National Attorneys General Training & Research Institute/ National Center for Justice and the Rule of Law, University of Mississippi School of Law, October 23, 2008
- "Jump-Starting Your New Venture: Key Legal Issues for Entrepreneurs," Sponsored by SIUC Office of Research Development & Administration, SIUC Small Business Incubator and Southern Illinois Research Park, Carbondale, Illinois, September 25, 2008
- "WiFi Liability: Legal Risks in Accessing and Operating Wireless Internet," American Bar Association, Section of Science & Technology Law, and the ABA Center for Continuing Legal Education, Teleconference and Live Audio Webcast, September 25, 2007
- "Effective and Fair Contract Negotiation," Association of Corporate Counsel MCLE Program, Los Angeles, California, June 20, 2007
- "Licensing and IP Agreements for Start-Ups (from the Lab to the Marketplace)," Virginia Biosciences Development Center Entrepreneurial Luncheon, Richmond, Virginia, November 9, 2006
- "Why Not Wi-Fi? Legal Responses to the Growth of Public Wireless Networks," Virginia State Bar Intellectual Property Section Fall CLE Weekend Seminar, 2006
- "Getting the Dough in 2005: Financing Early Stage Companies," American Bar Association Continuing Legal Education Conference, 2005
- "The Legality of Itinerant Wi-Fi Use: Roam at Your Own Risk?" Chicago Bar Association Computer Law Committee, 2004
- "E-Commerce in Illinois: Legal and Business Issues," National Business Institute Seminar, 2001
- Illinois State Bar Association
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EDUCATION Cornell University Law School, Ithaca, New York, J.D., 1997 Cornell University, Ithaca, New York, M.B.A., 1996 Indiana University, Bloomington, Indiana, B.A., 1992 ADMITTED Illinois 1997 |

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