Practice Areas
Honors
- Ken has been recognized as a "Recommended Lawyer" in The Legal 500 U.S. in M&A/Corporate and Commercial: Shareholder Activism - advice to shareholders for 2021, 2022
- Ken was named to the New York Metro Super Lawyers list, a Thomson Reuters lawyer rating, for 2022
- Ken was named for inclusion to the New York Super Lawyers Rising Stars list, a Thomson Reuters lawyer rating service for lawyers under 40, from 2014-2021
Education
J.D., New York University School of Law, 2006
B.A., cum laude, Duke University, 2003
Bar & Court Admissions
- New York, 2007
Part of Olshan’s Activist & Equity Investment Practice Group, Ken advises investment funds and high-net-worth individuals regarding existing and potential investments in public companies, both inside and outside the U.S., including with respect to ownership and other legal disclosure requirements (e.g., Schedule 13D), private engagement with the board and management, public communications with shareholders and members of the investment community, proxy contests and M&A activity. Ken works with each client to determine available pathways and develop comprehensive strategies to achieve its investment goals, through private and/or public engagement with the company and its shareholders. His significant representations include private engagement, negotiated settlements for board representation and activist campaigns for Elliott Management and Starboard Value.
Ken regularly advises public companies on securities laws, SEC reporting and corporate governance. He also represents corporate clients across a broad spectrum of transactional and general business matters, ranging from M&A to equity and debt financings to key business partnerships and commercial contracts.
Ken has been recognized as a "Recommended Lawyer" in The Legal 500 United States guide for M&A/Corporate and Commercial: Shareholder Activism - advice to shareholders for 2021 and 2022, named to the New York Metro Super Lawyers list, a Thomson Reuters lawyer rating, for 2022 and was also named a New York “Rising Star” by Super Lawyers from 2014 - 2021.
Negotiated Board Representation and Proxy Contests
- Elliott Management
- Nielsen Holdings plc (settlement reached for 1 board seat)
- Twitter, Inc. (settlement reached for 1 board seat)
- Evergy, Inc. (settlement reached for 2 board seats)
- Peabody Energy Corporation (settlement reached for 3 board seats)
- QEP Resources, Inc. (agreement to select two mutually agreeable directors)
- Sempra Energy (agreement to appoint 2 mutually agreed independent directors)
- Commvault Systems, Inc. (settlement reached for 2 board seats)
- QEP Resources, Inc. (agreement to announce strategic initiatives and present board declassification proposal to stockholders)
- Alexion Pharmaceuticals, Inc. (agreement to appoint a mutually agreeable director)
- Arconic Inc. (settlement reached to nominate 3 directors at annual meeting; all 3 elected by shareholders)
- CDK Global, Inc. (settlement reached for 2 independent directors identified by Elliott)
- American Capital (entry into agreements to support acquisition by Ares Capital)
- Starboard Value
- Forest City Realty Trust, Inc. (settlement reached for 5 board seats)
- Cars.com Inc. (settlement reached for 3 board seats)
- Tessera Technologies (settlement reached to nominate 6 directors at the Annual Meeting; all 6 elected by shareholders)
- DSP Group (settlement reached to add 2 independent directors to board)
- Daniel A. Ninivaggi (Protean Services LLC) @ Tenneco Inc. (settlement reached for 1 board seat)
- Broadfin Capital @ BioDelivery Sciences International, Inc. (agreements reached for 3 board seats and for equity financing led by Broadfin)
- City of London Investment Management Company @ China Fund, Inc. (agreement to search for new investment manager and form committee with City of London to resolve outstanding matters)
- Land & Buildings @ QTS Realty Trust Inc. (withhold campaign against 2 directors)
- Snow Park Capital @ Monogram Residential Trust, Inc. (settlement reached for an observer to the board)
Corporate Matters
Mergers & Acquisitions
- Represented Alleghany Corporation, a multinational holding company with a core position in property and casualty reinsurance and insurance, in a series of acquisitions of controlling interests in privately held companies.
- Represented Remark Holdings, Inc., a technology company, in a series of acquisitions in the digital media space.
- Represented Novation Companies, Inc. in its acquisition of a healthcare staffing company as part of its chapter 11 reorganization process.
- Represented Landry’s, Inc. in its in its acquisition of B.R. Guest Holdings
- Represented Ness Technologies, Inc., a global provider of information technology solutions and services, in its merger with an affiliate of a private equity investment fund.
- Represented New Century Equity Holdings Corp. in its acquisition of a fashion model management company and affiliated entities.
Financings
- Represented Alleghany Corporation in public offerings of senior notes and in equity and debt financings for portfolio companies.
- Represented Remark Holdings, Inc. in numerous equity and debt financings, including private placements, public offerings, equity lines and credit facilities.
- Represented GAMCO Investors in equity and debt self-tender offers.
- Represented CorMedix Inc., a pharmaceutical company focused on developing and commercializing therapeutic products for the treatment of cardiorenal disease, in its initial public offering.
Media Mentions/News
- January 23, 2023
- January 4, 2023
- December 19, 2022
- November 22, 2022
- November 3, 2022
- October 24, 2022
- September 29, 2022
- September 7, 2022
- August 25, 2022
- July 1, 2022
- June 9, 2022
- May 4, 2022
- February 22, 2022
- Olshan's Shareholder Activism Practice Again Ranked No. 1 Law Firm for Activist Investors by FactSetJanuary 21, 2022
- January 4, 2022
- December 17, 2021
- November 15, 2021
- November 4, 2021
- October 1, 2021
- July 27, 2021
- July 13, 2021
- June 15, 2021
- March 16, 2021
- Olshan’s Shareholder Activism Practice Again Ranked No. 1 Law Firm for Activist Investors by FactSetJanuary 26, 2021
- January 7, 2021
- December 18, 2020
- November 5, 2020
- October 28, 2020
- September 18, 2020
- July 1, 2020
- March 11, 2020
- January 15, 2020
- December 16, 2019
- November 1, 2019
- October 8, 2019
- October 8, 2019
- September 12, 2019
- July 12, 2019
- March 25, 2019
- February 7, 2019
- December 21, 2018
- December 13, 2018
- November 1, 2018
- September 19, 2018
- August 8, 2018
- July 19, 2018
- July 2, 2018
- May 22, 2018
- December 22, 2017
- November 29, 2017
- November 1, 2017
- September 20, 2017
- December 5, 2016
- November 9, 2016
- November 1, 2016
- October 7, 2016
- September 21, 2016
- August 8, 2016
- July 21, 2016
- May 23, 2016
- February 25, 2016
- January 15, 2016
- January 6, 2016
- September 30, 2015
- September 16, 2015
- May 20, 2015
- September 23, 2014
- September 9, 2014
- February 3, 2014
- September 4, 2013
- Proxy Contest Victory Results in 2 More Board Seats for Activist Client Starboard Value at DSP GroupJune 14, 2013
- May 24, 2013
- March 13, 2013
- December 18, 2012
- November 21, 2012
- July 9, 2012
- May 2, 2012
- March 5, 2012
- October 11, 2011
- June 10, 2011
- April 27, 2011
- February 1, 2011
- December 1, 2010
- December 1, 2010
- September 7, 2010
- July 19, 2010
- March 25, 2010
Publications
- September 1, 2022Harvard Law School Forum on Corporate Governance
- November 28, 2017Law360
- December 2011Insights: The Corporate & Securities Law Advisor
Articles & Alerts
Press Releases
- November 3, 2022
- September 29, 2022
- July 5, 2022
- June 9, 2022
- January 4, 2022
- November 4, 2021
- October 1, 2021
- June 15, 2021
- March 17, 2021
- November 5, 2020
- October 28, 2020
- January 15, 2020
- November 1, 2019
- September 12, 2019
- December 13, 2018
- November 1, 2018
- September 17, 2018
- November 1, 2017
- September 20, 2017
- November 1, 2016
- September 21, 2016
- December 21, 2015
- September 16, 2015
- September 23, 2014
- March 5, 2012
Securities Law Blog