Kenneth Ashton

Bar Admissions

• New York
• Utah

Court Admissions

• Supreme Court of New York
• Supreme Court of Utah

Education

• University of Texas (J.D.)
• University of Utah (B.A., Economics, Business minor, cum laude)

Languages

Portuguese

Awards & Recognition

• The Best Lawyers in America®, Corporate Law (2020-2025); Corporate Governance Law (2021-2025), Business Organizations (including LLCs and Partnerships) (2023-2025)
• Utah State Bar Business Law Section, Practitioner of the Year (2019)
• Utah Legal Elite: Corporate Law and Transactions, Utah Business Magazine (2016)
  • Up and Coming (2012)
• Utah State Bar Business Section Leadership (2012-2016)

Representative Transactions

Significant Experience

• Representing private equity funds, and public and private companies in merger and acquisition transactions and joint ventures, including transactions involving industrial manufacturing, telecommunications, energy, and commercial retail
• Advising various companies in private placement transactions and in federal and state securities laws
• Assisting start-up and mature companies in entity formation and corporate/organizational governance, including limited liability companies and partnerships
• Representing various clients in the negotiation and preparation of various types of commercial contracts, including agreements for supply/distribution, technology license, outsourcing service contracts, and other general commercial agreements
• Advising various commercial banks and private lenders in secured lending transactions and corporate financings
• Assisting in preparing and negotiating buy-sell agreements, structuring management or equity buy-outs, and resolving shareholder/management disputes
• Advising in the formation, organization, and governance of non-profit organizations and related matters

Selected Recent Transactions

• Counsel to seller and purchasers in the transfer of ski resorts (outside and inside Utah)
• Counsel to private investment company in the restructuring, reorganization, and sale of certain portfolio investments (commercial and real estate)
• Counsel to a minority equity holder in its purchase of a controlling interest in a golf course enterprise
• Counsel to a minority equity holder in its purchase of a controlling interest in a private vocational school
• Counsel to private fund in various acquisition of equipment leasing companies
• Counsel to national ski resort operator in recent bank lending and operational matters
• Counsel to purchaser in recent $90 million asset acquisition of an industry competitor
• Counsel to a Utah-based agriculture company in the sale of its business to an industry competitor
• Counsel to local CBD-based company in the sale by its stockholders to a new equity buyer
• Counsel to grocery store operator in various strategic acquisitions
• Counsel to leading manufacturer and supplier of wheel component parts in a variety of joint venture, development agreements, and other commercial transactions, including in the acquisition of an industry competitor and divesture of non-core business
• Counsel to management group in compensation/equity roll-over in the sale of a Utah-based manufacturing company to private equity buyer
• Counsel to a public company in the sale of its farm equipment division to a strategic buyer
• Counsel to commercial retailer in the partial divesture of its business to an industry competitor
• Counsel to a private equity investor of its acquisition of a specialty metals company
• Counsel to stockholders in their sale of equity interest in a colocation business to an industry competitor
• Counsel to first aid supply company in the sale of its business to an international conglomerate

Previous Professional Experience

• Simpson Thacher & Bartlett, Associate (2001-2004)

Professional Memberships and Activities

• State Bar of Utah
  • Business Section, Chair (2015-2016)
• American Bar Association
• Snell & Wilmer Legal Opinion Committee, Member

Representative Presentations and Publications

• ”Understanding the New Reporting Obligations Under the Corporate Transparency Act,” Co-Author, Snell & Wilmer Legal Alert (November 16, 2023)
• “Professionalism & Civility for Transactional Attorneys,” Co-Presenter, Utah State Bar Summer Convention, Utah Bar Section of General Counsel (2018)
• “Legal Entities,” Presenter, Utah Association of Professional Landmen Meeting (April 2014)
• “Broker-Dealer: Never Make Registration Decisions Based on Assumptions,” Contributor, VC Experts (October 24, 2013)
• “Mid-Career Crisis or Success? The Business Lawyer’s Essential Toolkit Part 2,” Co-Presenter, Utah Bar Convention (July 18, 2013)
• Author and proponent of various amendments and modifications to Utah entity statutes