Corporate Law & Securities
Mergers & Acquisitions
Civil Litigation, Arbitration and Mediation
Labor & Employment Law
General Business Practice
New York University School of Law (J.D., 1994)
N.Y.U. Stern School of Business (M.B.A. in Finance, 1994)
University of Pennsylvania (B.A., with honors, English & Political Science, 1990)
Ken Stratton joined us as our Chief Counsel after spending nearly 25 years as a corporate attorney and litigator serving both public and private companies. Ken’s extensive experience began as a litigator at Littler Mendelson, the nation’s largest labor and employment law firm. From there, Ken joined Gibson, Dunn & Crutcher, a global “AmLaw 50” law firm, as a corporate and securities attorney
Ken’s career then took him in-house to a series of tech and life science companies in the Bay Area. Prior to joining Rogoway, Ken was the President and General Counsel of StemCells, Inc., a publicly-traded biotech company focused on developing human neural stem cells as a medical treatment for several diseases and disorders of the central nervous system.
Over the course of his career, Ken has negotiated hundreds of financings and strategic transactions, including mergers and divestitures, equity and debt offerings, corporate restructurings, joint ventures, IP licenses, employment and contractor agreements, and various business collaborations of different types.
As Partner, Ken heads our corporate and litigation practice groups and manages our San Francisco office.
- Senior defense counsel in Bokaie v. Green Earth Coffee LLC (Northern District of California, Case No. 18-cv-05244-JST), resulting in successful dismissal of RICO (federal racketeering) cause of action brought against a cannabis cultivator by its neighbors.
- Senior counsel in Giuffrida v. Bansal (wage and hour case; Contra Costa County Superior Court, Case No. MSC18-02318), Jardine v. Kanna, Inc. (securities dispute; Alameda County Superior Court, Case No. RG19041713), Empire Industrial Court, LLC v. El Shawa (landlord tenant dispute; Sonoma County Superior Court, Case No. SCV262295), and in other state and federal court cases and other disputes.
- Corporate lead counsel in multiple-million dollar preferred stock financing by Legion of Bloom, a leading vertically integrated cannabis company in Northern California.
- Corporate lead counsel for Kanna, Inc., an Oakland cannabis dispensary, in its June 2019 merger with Acreage Holdings, Inc., the largest multi-state owner of cannabis licenses and assets in the United States, for $11.5 million.
- Lead counsel representing cannabis business and entrepreneurs (seed to sale) in various commercial transactions, including the successful negotiation of license, supply and development agreements, and with respect to labor and employment matters and advice.
- StemCells, Inc. (Stem Cell Sciences): Successful acquisition of Stem Cell Sciences, a publicly traded UK-based specialty cell media company, with operations in England, Australia and the United States, for $4.5MM in registered shares of STEM and forgiveness of $700,000 in debt.
- Medtronic, Inc. (AngioLink Corporation): Successful acquisition of a vascular closure device company for $84 million, including acquisition agreements, employee retention agreements and amendments to existing supply contracts.
- Intel Corporation (nSerial Corporation): $65 million acquisition of nSerial Corporation (chip design), including acquisition agreements, employee retention agreements and amendments to existing supply contracts.
- Structural and Materials Reliability Technology (The Hartford Steam Boiler Inspection and Insurance Company): Successful management led buyout (MLBO) of an operating subsidiary (engineering services), secured note amendments and related debt and security agreements, merger agreement, and private placement memorandum.
- Investcorp (httprint.com): Successful $4.5 million investment, in cash and cancellation of debt, by Investcorp in httprint.com (internet printing services), resulting in Investcorp’s acquisition of approximately 65% of httprint.com’s voting securities and majority control, including cancellation of existing debt, issuance of new debt to certain investors, and issuance of voting and non-voting stock.
- GlobalCenter (Exodus Communications): Acquisition of GlobalCenter (web hosting) by Exodus Communications for approximately $6.5 billion in restricted stock, including proxy solicitation and international diligence efforts.
- Ophthalmic Imaging Systems (Premier Laser Systems): Threeway corporate acquisition by an Israeli medical devices company as part of a bankruptcy workout, including loan agreements and stock purchase agreements, SEC filings and board advice.
- PeopleSoft (Oracle): Defense of PeopleSoft against the hostile tender offer by Oracle Corporation, including the drafting of Schedule 14D-9 and other SEC filings, amendments to poison pill, press releases and resolutions of PeopleSoft’s Board of Directors.
- Medtronic (Genzyme Corporation): Execution and management of a joint venture agreement for the development of combination products using human cardiac cells and medical devices.
- StemCells, Inc. (California Institute for Regenerative Medicine): Lending agreements for up to $40MM for the development of human neural stem cells for the treatment of Alzheimer’s disease and spinal cord injury.
- Multiple equity and debt financings to raise in excess of $500 million, including the successful negotiation of registered direct, CMPO and ATM sales agreements and commercial lending agreements.