Education | | J.D., 1975, Case Western Reserve University | | B.A., 1972, summa cum laude, State University of New York at Binghamton |
|
Distinctions | Chambers USA, America’s Leading Business Lawyers, 2005-2011
Colorado Super Lawyers, 2006-2012 |
|
Memberships | American Bar Association
Colorado Bar Association
Denver Bar Association
New York Bar Association |
|
| Kevin is co-chair of the firm’s Corporate & Business Department. With more than 30 years of experience in corporate law, Kevin is a sought-after counselor in mergers and acquisitions, securities offerings and private equity matters. He works with clients to develop the strategy and deal structure for their transactions and is adept at connecting key players to facilitate productive negotiations and successful outcomes.
Kevin is lead counsel on a diverse range of transactions. His transactional experience includes representing public and private companies, entrepreneurs, financing sources and transactional intermediaries. He has counseled clients through acquisitions, structured financings, strategic investments, venture capital formation and funding, securities offerings, and leveraged buyouts. Over the past five years, Kevin has represented national and regional private equity and mezzanine debt firms in transactions valued in excess of $7 billion.
He is presently representing Riviera Holdings Corporation, a Las Vegas casino operator, in negotiating the terms of the $76 million sale of its Riviera Black Hawk casino in Colorado to an affiliate of Monarch Casino & Resort, Inc. The transaction was structured as a sale of 100% of the common stock of the Riviera subsidiary operating the Black Hawk casino. The parties expect to close the transaction before the end of the second quarter of 2012.
Kevin has represented Graham Packaging Inc., a portfolio company of Blackstone Capital Group and a world leader in customized consumer product packaging solutions, in its acquisition of Liquid Container L.P., a leading producer of food packaging, in a transaction valued at $568 million.
He has also represented U.S. Geothermal Inc., a developer of geothermal energy sources for electric power and direct uses, in the development of the 35 MW Neal Hot Springs geothermal project in eastern Oregon. This $135 million project is supported by a loan guarantee from the U.S. Department of Energy and joint venture financing from Enbridge Inc., a leading North America energy transportation company.
A major contributor to a number of technology and clean tech business incubators, Kevin frequently speaks to entrepreneurs and start-up businesses on capital formation, strategic alliances and commercial development issues.
Prior to joining Brownstein, Kevin was a senior partner and the regional corporate practice group head of Arnold & Porter’s Denver office. |
|
Representative Matters | | Brownstein represents U.S. Geothermal in developing legislation to amend the Steam Act of 1970 allowing more efficient and faster development of geothermal resources on lands adjacent to federal lands. The legislation intends to blunt the effects of speculators on federal leases that have no intent to develop the resource and produce energy. The firms is also providing U.S. Geothermal with project finance transactional counsel in the development and construction of their $137 million, 22 megawatt Neal Hot Springs Geothermal Project near Vale, Oregon. Finally, we are representing U.S. Geothermal in negotiating a loan and loan guarantee with the U.S. Department of Energy and the Federal Financing Bank. | | Represented Riviera Holdings Corporation, a Las Vegas casino operator, in negotiating the terms of the $76 million sale of its Riviera Black Hawk casino in Colorado to an affiliate of Monarch Casino & Resort, Inc. The transaction was structured as a sale of 100% of the common stock of the Riviera subsidiary operating the Black Hawk casino. The parties expect to close the transaction before the end of the second quarter of 2012. | | Assisted Pinnacle Entertainment, Inc. (NYSE: PNK), a casino operator, in conducting a value-for-value option exchange program where eligible employees could exchange certain ‘underwater’ options to purchase common stock for new options covering a lesser number of shares of common stock. The exchange offer expired in September 2011 and achieved 100% participation. | | Assisted Pinnacle Entertainment, Inc. (NYSE: PNK), a casino operator, in registering a unique ongoing public offering of shares of common stock to customers under a customer loyalty program. The Securities and Exchange Commission declared the offering’s registration statement on Form S-3 effective in July 2011. Brownstein believes this offering is only the second such registered offering becoming effective. | | Represented U.S. Geothermal Inc. in the development and construction of its $137 million, 22-megawatt-net geothermal power plant in Oregon. Part of the project financing included negotiating a loan and a loan guarantee with the U.S. Department of Energy and the Federal Financing Bank for this leading renewable energy geothermal development company. | | view all >> |
|
Publications & Presentations | "Reminder: Colorado Secretary of State No Longer Mails Notifications for Business Organizations, Trade Names and Trademarks," Brownstein Client Update, January 23, 2012
| "Client Alert: The Dodd-Frank Wall Street Reform and Consumer Protection Act," Brownstein Client Alert, July 27, 2010
| "Client Alert: Financial Regulatory Bill Proposes to Increase Regulation of Private Investment Funds," Brownstein Client Alert, July 15, 2010.
| view all >> |
| |
|
|
|
© 2012. Brownstein Hyatt Farber Schreck, LLP. All Rights Reserved. Attorney Advertisement. |