John Eckstein focuses on the general representation of technology-based companies and venture capital funds, investors, investment bankers, financial advisors and financial institutions. He works often with complex legal structures in entity and project financings; however, lately he has often represented private business owners in the exit sale of their companies. He provides experience-based advice and counsel to C-level executives on a wide range of legal issues.
As a securities lawyer active in corporate finance, John has been involved in many offerings in the U. S. capital markets, including initial public offerings, other primary and secondary offerings of securities, exchange offers, tender offers, and private and limited offerings. He also has assisted clients in preparing and reviewing all types of disclosure reports for businesses regulated under federal and state securities laws.
John also provides advice regarding integrated legal strategies and governance solutions for board-level challenges faced by all kinds of companies. He is interested in the application of technology to the business of energy and is actively involved in legal and public policy aspects of energy, biomedical and IT/software. He also serves on several boards of directors.
Representative Experience
John has done the following, among other things, within last 5 years:
- Represented Colorado real estate developers in restructuring and sale of $100 million-plus tax exempt and taxable general obligation bonds and notes
- Represented Colorado public power authority in restructuring and sale of $100 million-plus tax exempt and taxable revenue bonds
- Represented Arizona and Wisconsin owners and companies in sale of shares and assets, including West Virginia refinery, to publicly traded petroleum derivative retailer
- Represented multiple venture capital fund advisers in negotiation, drafting and closing of venture capital funds
- Represented general partner in formation and operations of real estate limited partnership funds
- Represented sellers in stock sale of municipal FOG software company to foreign private equity firm
- Represented seller in asset sale of office furniture retailer as strategic platform company for private equity roll-up
- Represented sellers of family of global patents on product vital to front line members of U.S. Army
- Represented Colorado-based Guatemalan microlender in U.S. private placement of term notes (pro bono)
- Represented minority seller of equity in major solar power owner-operator
- Represented medical device manufacturer in cross-border reorganization and refinancing transactions
- Represented purchasers in leveraged acquisition of business providing healthcare software and services to federal, state and territorial governments
- Represented assorted Australian technology companies in establishing U.S. business operations serving the North American mining industry
- Served as securities expert witness in fraud litigation involving sale of real estate development in Colorado
- Served as securities expert witness in fraud litigation involving sale of municipal bonds in Colorado
Professional Affiliations
- American Bar Association
- Business Law Section, 1975 – present
- Committee of Federal Regulation of Securities, 1982 – present
- Committee on Legal Opinions, 2005 – present
- Committee on Private Equity and Venture Capital, 2008 – present
- Cyberspace Law Committee, 1998 – present
- American Council on Germany, Denver Warburg chapter, 1998 – present
- Association for Corporate Growth, 1998 – present
- Colorado Association of Corporate Counsel
- Colorado Bar Association
- Board of Governors, 2008 - 2010
- Professionalism Coordinating Council (f/k/a Committee), 1996 - present
- Real Estate, Banking, and Business Section, 1981 – present
- Securities Law Committee, 1981 - present
- Colorado BioScience Association
- Board of Directors, 2003 – 2011
- Public Policy Committee, 2003 – 2012
- Co-chair, 2009 - 2011
- Denver Association of Business Economists, 2002 - present
- Federal Bar Association- Colorado Chapter
- Joint Institute for Strategic Energy Analysis (JISEA) (NREL)
- Advisory Board, 2008 - present
- Licensing Executives Society- Denver Chapter
- National Association of Corporate Directors
- Phi Beta Kappa
- Phi Delta Phi
Recognition
- One of "Top Five Securities Lawyers" in Denver 5280 Magazine, 2015, 2016, 2017, 2018
- Catholic Lawyers Guild of Colorado
- St. Thomas More Award, 2011
- Colorado Bar Foundation
- Fellow, 2002 - 2012
- Fellow emeritus, 2012 - present
- Commission on the Legal Profession
- Appointed by Colorado Chief Justice Michael Bender, 2011 - 2014
- Continued appointment by Colorado Chief Justice Nancy Rice, 2014 - 2015
- Martindale-Hubbell "AV Preeminent" rated since 1978
- 2013- present, Top Rated Lawyer in Technology Law
- Super Lawyer, Colorado
- Who’s Who in American Law
- Who’s Who in High Tech in Denver/Boulder
