Harvey Kesner has concentrated his practice on corporate finance and the structuring of complex domestic and international capital markets transactions. He has represented issuers, investors, underwriters, agents, lenders and financial intermediaries in public and private offerings of securities. He provides assistance to participants in all types of financing transactions including initial public offerings (IPOs), private equity and venture capital financings and private placements including public company PIPE transactions. He also represents buyers and sellers in merger and acquisition transactions, leveraged buyouts, restructurings, workouts and business disputes. He assists issuers on a broad range of corporate governance and compliance matters, including federal and state securities laws and stock exchange listings. Mr. Kesner assists clients in responding to a host of business litigation matters including class action, Section 16 and derivative claims and responding to regulatory investigations requiring testimony or document production.
He also has represented issuers in hostile bids for corporate control, adoption of anti-takeover measures and responding to the growing prominence and influence of shareholder activists by advising on defensive strategies, standstill agreements, and negotiation of favorable outcomes.
Mr. Kesner regularly represents companies in emerging industries and has participated in assisting companies in diverse industries including broadband wireless telecommunications, pharmaceutical and medical device, social media, mining and minerals, app development, patent assertion, drones and bitcoin. Mr. Kesner has participated in transactions in China, India, Israel, France, Canada, Brazil, Australia and other foreign jurisdictions.
Mr. Kesner is a frequent lecturer on securities and capital markets and has participated in several SEC Small Business Forums. He is often quoted in industry publications and has been named a New York Super Lawyer for many years. Mr. Kesner has recently launched a successful industry initiative for issuers facing DTC bars (“chills”) to establish compliance programs and qualify for street-name stock registration and reinstatement of electronic clearance and settlement privileges.
Prior to joining the firm, Mr. Kesner headed the New York Business and Securities Regulation Group of Haynes and Boone, LLP, served as executive officer and general counsel of a $500 million NYSE multi-national, and was associated with the law firms Stroock & Stroock & Lavan and Akin Gump Strauss Hauer & Feld. Mr. Kesner was appointed senior attorney in the SEC Division of Corporation Finance in Washington, D.C. where he served from 1982 -1985. Mr. Kesner has published several articles and periodically serves as an arbitration panelist for FINRA and the NYSE in securities disputes.
Awards & Recognition
JD - 1982 American University, Washington College of Law (Washington, DC)
MBA (finance) - 1984 American University, Kogod College of Business (Washington, DC)
BS (management) - 1979 State University of New York, Binghamton
Mr. Kesner is admitted to practice in the State of New York.
Office: New York
Direct: (212) 981-6766
Mobile: (646) 678-2543