Mr. Genkin most recently served as the head of Blank Rome's Business Department, consisting of more than 240 attorneys practicing globally in numerous industries. He has more than 30 years' experience advising public-company clients in public and private offerings of equity and debt securities; mergers, acquisitions, and joint ventures; and corporate governance. His extensive experience includes the following:
· capital-formation transactions, including IPOs and follow-on offerings
· mergers, acquisitions, divestures, and joint ventures
· Chinese companies listing in U.S. and Chinese company M&A
· private equity, including venture capital and other early-stage transactions
· proxy contests and defensive planning
· federal securities law and compliance
· take-overs and anti-takeover defenses, including rights plans
· complex outsourcing arrangements
· corporate governance, option backdating inquiries and investigations, and the Sarbanes-Oxley Act of 2002
Barry Genkin is a trusted advisor of CEOs, CFOs, boards of directors, and audit and special board committees, who rely upon him for providing practical solutions to complex legal and business matters. His strong business and financial acumen, coupled with years of high-level experience, enable him to be a creative problem solver, especially when the stakes are high. His common-sense approach, strong communication skills, and calming style create client confidence and make him a persuasive advocate. He typically functions as the lead lawyer in transactions requiring a multi-faceted team approach and prides himself on being responsive to client needs.
Prior to joining Blank Rome, he served as special counsel for the Division of Corporate Finance at the Securities and Exchange Commission in Washington, DC, where he was a recipient of the Special Merit Award.
He is a frequent speaker and has authored numerous publications about raising capital (IPOs), including Chinese companies, shareholder activism, proxy contests, capital formation and corporate governance.
Mr. Genkin is recognized by Chambers USA as a leader in corporate, M&A, securities and private equity law. Chambers notes he is a "distinguished corporate/M&A attorney. Clients commend his 'real feel for business, and his technical excellence' " and say "aside from his obvious talents as a lawyer, he is committed to client service." Mr. Genkin is also listed in the U.S. Legal 500. Mr. Genkin also received the highest possible rating from Martindale-Hubbell.
Community Service & Affiliations
Mr. Genkin served as president of the Board of Directors at Pennsylvania State University's Smeal College of Business and serves as a board member of the Farrell Center for Entrepreneurship. He is a trustee for the Walnut Street Theatre in Philadelphia and Board member of the ACE Club. He is a member of the Pennsylvania Association of Community Bankers and of the Financial Managers Society, Inc., as well as various local and national venture capital organizations.
Memberships
American Bar Association
Financial Managers Society
Omicron Delta Kappa Honor Society
Pennsylvania Association of Community Bankers
Pennsylvania Bar Association
Pennsylvania State University
Philadelphia Bar Association Skull and Bones Honor Society
Strategic Research Institute
The Ace Club
Walnut Street Theatre
Events
HOW TO PERFORM DUE DILIGENCE ON CHINESE COMPANIES
[Event]
2011 Wall Street China Forum
InterContinental New York Times Square, New York City
May 6, 2011
Barry H. Genkin
THE STATE OF ENTREPRENEURSHIP IN CHINA
[Event]
The China Mega-Forum for Entrepreneurship & Innovation
Shangri-La Kerry Centre Hotel, Beijing, China
October 25-26, 2010
Barry H. Genkin and Jeffrey A. Rinde
BLANK ROME LLP SPONSORS GLOBAL HUNTER SECURITIES 2010 CHINA CONFERENCE
[Event]
July 11, 2010
Barry H. Genkin, Jeffrey A. Rinde and Brad L. Shiffman
DOING BUSINESS IN CHINA AND HONG KONG
[Event]
Blank Rome LLP
Live: One Logan Square, Philadelphia, PA
Via Videoconference: New York, Washington, DC and Hong Kong
June 24, 2009
Nigel J. Binnersley, Shawn Shiqing Li, Barbara D. Linney, Jeffrey A. Rinde, Shawn M. Wright, Alfred W. Zaher, et al.
SEC HOT TOPICS INSTITUTE
[Event]
Philadelphia, Pennsylvania
September 24, 2008
Barry H. Genkin
STOCK OPTION BACKDATING AND PRACTICES CONFERENCE
[Event]
September 21, 2006
Frederick D. Lipman, Barry H. Genkin, Joseph T. Gulant, Jerry D. Bernstein and Ian M. Comisky
Publications
NEW INTERIM MEASURES ON FAILURE TO REPORT BUSINESS CONCENTRATIONS IN CHINA
[Alert]
Asia Update
January 2012 (No. 1)
Dawn M. Bernd-Schulz, Scott C. Kline, Barry H. Genkin, Henry M. Kuller, Jeffrey A. Rinde and Kristi Lynn Swartz
AUDIT COMMITTEES
[Book]
The Bureau of National Affairs, Inc.
2012
Frederick D. Lipman, Barry H. Genkin, Jerry D. Bernstein, Robert J. Mittman and Yelena M. Barychev
DEVELOPMENTS IN M&A REGULATIONS IN CHINA AND IMPACT ON VIE STRUCTURES
[Alert]
Asia Update
November 2011 (No. 7)
Dawn M. Bernd-Schulz, Barry H. Genkin, Scott C. Kline, Henry M. Kuller, Jeffrey A. Rinde, Kristi Lynn Swartz, et al.
CHANGES TO HONG KONG'S PROFESSIONAL INVESTOR RULES
[Alert]
Asia Update
November 2011 (No. 4)
Dawn M. Bernd-Schulz, Nigel J. Binnersley, Barry H. Genkin, Scott C. Kline, Henry M. Kuller, Jeffrey A. Rinde, et al.
IMPLEMENTATION OF DATA USER RETURN SCHEME IN HONG KONG
[Alert]
Asia Update
November 2011 (No. 5)
Dawn M. Bernd-Schulz, Nigel J. Binnersley, Barry H. Genkin, Scott C. Kline, Henry M. Kuller, Jeffrey A. Rinde, et al.
HEIGHTENED SCRUTINY TO VIE STRUCTURES UNDER THE NEW M&A RULES
[Alert]
Asia Update
November 2011 (No. 6)
Dawn M. Bernd-Schulz, Nigel J. Binnersley, Barry H. Genkin, Scott C. Kline, Henry M. Kuller, Jeffrey A. Rinde, et al.
HONG KONG LISTING
[Alert]
Asia Update
September 2011 (No. 3)
Dawn M. Bernd-Schulz, Nigel J. Binnersley, Barry H. Genkin, Scott C. Kline, Henry M. Kuller, Jeffrey A. Rinde, et al.
CHINA SOCIAL INSURANCE LAW UPDATE
[Alert]
Asia Update
August 2011 (No. 2)
Dawn M. Bernd-Schulz, Nigel J. Binnersley, Barry H. Genkin, Scott C. Kline, Henry M. Kuller, Jeffrey A. Rinde, et al.
BLANK ROME LLP CLOSED OVER 70 REPORTABLE TRANSACTIONS IN 2010
[Alert]
2010 Corporate & Securities Deal Diary
2011
Barry H. Genkin, Gary R. Goldenberg and Richard J. McMahon
GOING DARK-TIMING AND TRAPS FOR THE UNWARY (PART 2)
[Article]
China Legal Review, LexisNexis
January 2011
Barry H. Genkin
GOING DARK-CONSIDERATIONS FOR PUBLIC COMPANIES EVALUATING DELISTING AND DEREGISTRATION (PART 1)
[Article]
China Legal Review, LexisNexis
January 2011
Barry H. Genkin
GOING DARK
CONSIDERATIONS, PROCESS AND TIMING
[Alert]
Corporate and Securities Update
November 2010 (No. 8)
Barry H. Genkin
PROXY ACCESS: A MONUMENTAL PENDULUM SWING
[Article]
Financial Executive Magazine
November 2010
Barry H. Genkin
BEST PRACTICES FOR CHINESE COMPANIES
[Article]
Presentation
September 16, 2010
Barry H. Genkin
BLANK ROME LLP ADVISES AND CLOSED 76 REPORTABLE TRANSACTIONS WITH OVER $4.1 BILLION IN TRANSACTION VALUE FOR 2009
[Alert]
2009 Corporate & Securities Deal Diary
2010
Barry H. Genkin, Richard J. McMahon and Alan L. Zeiger
10 WAYS THAT A COMPANY IS MADE UNDULY VULNERABLE TO AN ACTIVIST SHAREHOLDER
[Article]
Wall Street Lawyer (Volume 14, Issue 1)
January 2010
Barry H. Genkin
25 TIPS FOR RECEIVING FEWER SEC COMMENTS IN YOUR NEXT PROXY CONTEST
[Alert]
The Guardian: Company-Side Shareholder Activism Alert
January 2009 (No. 12)
Barry H. Genkin
TEN BYLAW AMENDMENTS THAT MAY LESSEN YOUR COMPANY'S VULNERABILITY TO A SHAREHOLDER ACTIVIST AND PREVENT IT FROM BEING A SITTING DUCK THIS PROXY SEASON
[Alert]
The Guardian: Company-Side Shareholder Activism Alert
December 2008 (No. 11)
Barry H. Genkin
TEN BYLAW AMENDMENTS THAT MAY LESSEN YOUR COMPANY'S VULNERABILITY TO A SHAREHOLDER ACTIVIST AND PREVENT IT FROM BEING A SITTING DUCK THIS PROXY SEASON
[Article]
Wall Street Lawyer (Volume 12, Issue 12)
December 2008
Barry H. Genkin
COURT HOLDS INVESTMENT BANKS DO NOT AUTOMATICALLY OWE A FIDUCIARY DUTY TO SHAREHOLDERS OF COMPANIES THEY ADVISE IN MERGERS
[Article]
M&A Lawyer
October 2008
Barry H. Genkin
U.S. APPEALS COURT UPHOLDS CSX CORP. DECISION
[Article]
Wall Street Lawyer
October 2008
Barry H. Genkin
U.S. APPEALS COURT UPHOLDS CSX CORP. DECISION
[Alert]
The Guardian: Company-Side Shareholder Activism Alert
October 2008 (No. 10)
Barry H. Genkin
DELAWARE SUPREME COURT ANSWERS SEC'S CERT. REQUEST IN CA V. AFSCME
[Article]
Wall Street Lawyer
September 2008
Barry H. Genkin
SEVENTH CIRCUIT HOLDS THAT INVESTMENT BANKING FIRM DOES NOT AUTOMATICALLY OWE A FIDUCIARY DUTY TO SHAREHOLDERS OF A COMPANY THAT IT ADVISES IN CONNECTION WITH A MERGER
[Alert]
Corporate and Securities Update
September 2008 (No. 15)
Barry H. Genkin
DELAWARE SUPREME COURT HOLDS THAT A BYLAW MANDATING REIMBURSEMENT OF A DISSIDENT SHAREHOLDER'S PROXY SOLICITATION EXPENSES IS A PROPER SUBJECT FOR UNILATERAL SHAREHOLDER ACTION BUT AS PROPOSED VIOLATES DELAWARE LAW
[Alert]
The Guardian: Company-Side Shareholder Activism Alert
August 2008 (No. 9)
Barry H. Genkin
U.S. DISTRICT COURT RULES AGAINST HEDGE FUND IN CSX CORP. V. THE CHILDREN'S INVESTMENT FUND ET AL.
[Article]
Wall Street Lawyer
August 2008
Barry H. Genkin
U.S. DISTRICT COURT RULES AGAINST HEDGE FUND IN CSX CORP. V. THE CHILDREN'S INVESTMENT FUND ET AL.
[Alert]
The Guardian: Company-Side Shareholder Activism Alert
August 2008 (No. 8)
Barry H. Genkin
DELAWARE SUPREME COURT AFFIRMS CHANCERY COURT'S DECISION IN JANA
[Article]
Wall Street Lawyer
June 2008
Barry H. Genkin
SEC OPINES THAT CASH-SETTLED EQUITY SWAPS DO NOT CONFER BENEFICIAL OWNERSHIP WITHIN THE MEANING OF REGULATION 13D OF THE EXCHANGE ACT
[Alert]
The Guardian: Company-Side Shareholder Activism Alert
June 2008 (No. 7)
Barry H. Genkin
E-PROXY, SHAREHOLDER FORUMS, AND THE NEW AGE OF SHAREHOLDER ACTIVISM
[Article]
Wall Street Lawyer
May 2008
Barry H. Genkin
TEN WAYS TO PREVENT A COMPANY FROM BEING VULNERABLE TO A CONSENT SOLICITATION
[Article]
M&A Lawyer
May 2008
Barry H. Genkin
TEN STEPS TO TAKE TO PREPARE A COMPANY FOR THE NEW AGE OF SHAREHOLDER ACTIVISM & PREVENT IT FROM BEING A SITTING DUCK THIS PROXY SEASON
[Article]
Wall Street Lawyer (Volume 12, Issue 4)
April 2008
Barry H. Genkin
THE TEN ELEMENTS OF A PROXY CONTEST SETTLEMENT
[Article]
ACC Docket
April 2008
Barry H. Genkin
TEN STEPS TO TAKE TO PREPARE A COMPANY FOR THE NEW AGE OF SHAREHOLDER ACTIVISM & PREVENT IT FROM BEING A SITTING DUCK THIS PROXY SEASON
[Article]
Wall Street Lawyer
April 2008
Barry H. Genkin
ACTIVIST SHAREHOLDERS DEMAND "SAY ON PAY"
[Alert]
The Guardian: Company-Side Shareholder Activism Alert
February 2008 (No. 2)
Barry H. Genkin
SEC ADOPTS RULE LIMITING SHAREHOLDER ACCESS
[Alert]
The Guardian: Company-Side Shareholder Activism Alert
February 2008 (No. 1)
Barry H. Genkin
AUDIT COMMITTEES
[Book]
The Bureau of National Affairs, Inc.
2008
Frederick D. Lipman, Barry H. Genkin, Jerry D. Bernstein and Robert J. Mittman
AUDIT COMMITTEES
[Book]
The Bureau of National Affairs, Inc. (2007)
April 1, 2007
Frederick D. Lipman, Barry H. Genkin, Alan J. Hoffman and Robert J. Mittman
INSURANCE COMPANIES REQUIRED TO ESTABLISH ANTI-MONEY LAUNDERING PROGRAMS
[Alert]
White Collar Alert
December 2005
Ian M. Comisky and Barry H. Genkin
AUDIT COMMITTEES
[Book]
The Bureau of National Affairs, Inc. (2000)
August 1, 2001
Frederick D. Lipman, Barry H. Genkin and Alan J. Hoffman
THE COMPLETE GOING PUBLIC HANDBOOK
[Book]
Publisher: Prima Publishing (2000) ISBN: 0761524061
April 1, 2000
Frederick D. Lipman and Barry H. Genkin
FINANCE YOUR BUSINESS WITH VENTURE CAPITAL
[Book]
Publisher: Prima Publishing (1998) ISBN: 0761514600
November 1, 1998
Frederick D. Lipman and Barry H. Genkin
HOW MUCH IS YOUR BUSINESS WORTH?
[Book]
Publisher: Prima Publishing (1996) ISBN: 076150432X
July 1, 1996
Frederick D. Lipman and Barry H. Genkin
News
BLANK ROME FURTHER BOLSTERS SHANGHAI PRESENCE AND ANNOUNCES PERMANENT OFFICE LOCATION
[Press Release]
September 26, 2011
Barry H. Genkin, Henry M. Kuller, Jeffrey A. Rinde, Scott C. Kline, William Zheng, Fang Felton, et al.
Less than six months after announcing the opening of Blank Rome LLP Shanghai Representative Office, USA, Blank Rome's Shanghai office has grown to include six attorneys and a legal coordinator, and has moved into its permanent location on the 45th floor, Two ifc, Pudong, Shanghai.
BARRY GENKIN TO HEAD BLANK ROME'S ASIA PRACTICE
[Press Release]
September 8, 2011
Barry H. Genkin
CHINESE REVERSE MERGER COMPANIES MAY GET AWAY WITH ALLEGATIONS OF WRONGDOING
[Media Coverage]
July 29, 2011
Barry H. Genkin
BLANK ROME LAUNCHES CHINA COMPANY SECURITIES LITIGATION TASK FORCE
[Press Release]
July 25, 2011
Barry H. Genkin, James T. Smith, Dawn M. Bernd-Schulz, Nigel J. Binnersley, Sheila E. Branyan, Steven L. Caponi, et al.
BLANK ROME OPENS SHANGHAI CHINA OFFICE-FIRM ENHANCES GROWING INTERNATIONAL FOOTPRINT
[Press Release]
May 9, 2011
Barry H. Genkin, Henry M. Kuller and Jeffrey A. Rinde
ROCKY ROAD TO CHINA
[Media Coverage]
April 25, 2011
Barry H. Genkin
BLANK ROME ATTORNEYS MEET WITH THE CHINA SECURITIES INVESTOR PROTECTION FUND CORPORATION LIMITED ("CHINA SIPF")
[Press Release]
June 11, 2010
Andrew B. Eckstein, Nigel J. Binnersley, Barry H. Genkin, Henry M. Kuller, Jeffrey A. Rinde and Alfred W. Zaher
AFTER MADOFF: ARE WE SAFER?
[Media Coverage]
June 25, 2009
Barry H. Genkin
LANDSLIDE VICTORY ACHIEVED BY THE BLANK ROME SHAREHOLDER ACTIVISM GROUP IN DEFENDING THE PROVIDENCE SERVICE CORPORATION AGAINST PROXY CONTEST BROUGHT BY DISSIDENT STOCKHOLDER GROUP
[Press Release]
June 17, 2009
Elise M. Adams, Barry H. Genkin, Richard DiStefano and Christin R. Cerullo
U.S. TAXPAYERS TO GET SAY IN GM BOARD RESHUFFLE
[Media Coverage]
June 5, 2009
Barry H. Genkin
A FAILURE TO COMMUNICATE
[Media Coverage]
April 2009
Barry H. Genkin
ICAHN OFFERS TO BUY LIONS GATE DEBT AT PREMIUM
[Media Coverage]
March 17, 2009
Barry H. Genkin
LESSONS ON DISCLOSURE
[Media Coverage]
September 5, 2008
Barry H. Genkin
SEC Seeking Solutions to Shareholder Activist Weapons
NO FIREWORKS AT YAHOO MEETING
[Media Coverage]
August 1, 2008
Barry H. Genkin
CONSENSUS BE DAMNED
[Media Coverage]
June 13, 2008
Barry H. Genkin
GOOGLE-YAHOO DEAL
[Media Coverage]
June 12, 2008
Barry H. Genkin
ICAHN SAYS HE WOULD REMOVE YAHOO'S CHIEF
[Media Coverage]
June 4, 2008
Barry H. Genkin
ICAHN WANTS NEW CHIEF FOR YAHOO
[Media Coverage]
June 4, 2008
Barry H. Genkin
ICAHN WANTS NEW CEO FOR YAHOO
[Media Coverage]
June 4, 2008
Barry H. Genkin
MICROSOFT-YAHOO, VERSION 2.0
[Media Coverage]
June 2, 2008
Barry H. Genkin
ACTIVIST FUND OUSTS BOARD OF JAPANESE COMPANIES
[Media Coverage]
May 30, 2008
Barry H. Genkin
ACTIVISTS ON THE MARCH
[Media Coverage]
May 22, 2008
Barry H. Genkin
MICROSOFT-YAHOO BATTLE CONTINUES DESPITE CONFLICT
[Media Coverage]
May 16, 2008
Barry H. Genkin
ICAHN PUSHES TO UNSEAT CURRENT BOARD
[Media Coverage]
May 16, 2008
Barry H. Genkin
YAHOO HITS BACK AT ICAHN
[Media Coverage]
May 16, 2008
Barry H. Genkin
TRAVELCENTERS DIRECTORS IN BATTLE
[Media Coverage]
May 5, 2008
Barry H. Genkin
PRIVATELY ACTIVE
[Media Coverage]
April 8, 2008
Barry H. Genkin
WHAT'S NEXT FOR MICROSOFT-YAHOO?
[Media Coverage]
April 7, 2008
Barry H. Genkin
ACTIVIST SHAREHOLDERS ARE GETTING SOME RESULTS
[Media Coverage]
March 16, 2008
Barry H. Genkin
BLANK ROME PARTNER ELECTED PRESIDENT OF PENN STATE ALUMNI BOARD OF DIRECTORS
[Press Release]
May 16, 2003
Barry H. Genkin
BLANK ROME PARTNERS PARTICIPATE IN SARBANES-OXLEY SEMINAR
[Press Release]
March 21, 2003
Barry H. Genkin and Frederick D. Lipman
BLANK ROME ANNOUNCES REALIGNMENT OF GOVERNANCE STRUCTURE
[Press Release]
October 7, 2002
Fred Blume, Barry H. Genkin and Robert J. Mittman
Cases and Deals
ICAD ACQUIRES ELECTRONIC BRACHYTHERAPY SYSTEMS MAKER
[Deal]
December 30, 2010
Jennifer J. Daniels, Ethan M. Seer, Barry H. Genkin, Steven Dubow, Lisa Casey Spaniel, Howard M. Knee, et al.
iCAD in its $13 million acquisition of Xoft.
BLANK ROME SUCCESSFULLY DEFENDS THE PROVIDENCE SERVICE CORPORATION IN PROXY CONTEST
[Case]
June 17, 2009
Elise M. Adams, Barry H. Genkin, Richard DiStefano and Christin R. Cerullo
Blank Rome successfully defended The Providence Service Corporation in a proxy contest against a dissident stockholder group.
SEALY CORPORATION IN A $627 RECAPITALIZATION
[Deal]
June 2009
Barry H. Genkin
Sealy Corporation in a $627 recapitalization, including $100 million asset based loan, $350 senior secured notes, and $177 million-rights offering of senior secured convertible PIK notes.
REGULUS GROUP ACQUIRED BY 3I INFOTECH FOR $80 MILLION
[Deal]
June 12, 2008
Barry H. Genkin and Louis M. Rappaport
Regulus Group LLC in its acquisition by 3i Infotech Ltd. for $80 million.
DYNAMIC IMAGING ACQUIRED BY GE HEALTHCARE
[Deal]
October 11, 2007
Barry H. Genkin, Louis M. Rappaport, Cory G. Jacobs and Karen L. Corliss
Dynamic Imaging LLC, in its acquisition by GE Healthcare.
SIGNIFICANT VICTORY ACHIEVED IN PROXY CONTEST AGAINST INTERVOICE, INC.
[Case]
July 2007
Barry H. Genkin
Proxy contest amicably resolved when former CEO and Intervoice entered into a board representation and governance agreement.
Recognition
BLANK ROME RANKED TOP LAW FIRM IN CORPORATE GOVERNANCE ISSUES
[Ranking]
Fall 2011
Jerry D. Bernstein, Barry H. Genkin, Joseph T. Gulant, Frederick D. Lipman and Robert J. Mittman
CHAMBERS USA 2011 RECOGNIZES MORE BLANK ROME ATTORNEYS AND PRACTICES
[Ranking]
June 10, 2011
Thomas H. Belknap, Jr., Thomas E. Biron, Fred Blume, Kevin J. Bruno, David W. Carickhoff, Sara L. Chenetz, et al.
BLANK ROME RANKED TOP LAW FIRM IN CORPORATE GOVERNANCE MATTERS
[Ranking]
Fall 2010
Jerry D. Bernstein, Barry H. Genkin, Joseph T. Gulant, Frederick D. Lipman and Robert J. Mittman
CHAMBERS USA 2010 RECOGNIZES MORE BLANK ROME ATTORNEYS AND PRACTICES
[Ranking]
June 11, 2010
Thomas H. Belknap, Jr., Thomas E. Biron, Fred Blume, Ernest W. Chung, Scott F. Cooper, Steven Dubow, et al.
LEGAL 500 US RANKS BLANK ROME PRACTICES AND ATTORNEYS
[Ranking]
June 2010
Barry H. Genkin, Ann Blair Laupheimer and Alan L. Zeiger
BLANK ROME NAMED ONE OF THE "MOST ACTIVE PRIVATE EQUITY SERVICE PROVIDERS"
[Ranking]
April 2010
Alan L. Zeiger and Barry H. Genkin
CHAMBERS USA 2009 RECOGNIZES MORE BLANK ROME ATTORNEYS AND PRACTICES
[Ranking]
June 2009
Thomas H. Belknap, Jr., Thomas E. Biron, Fred Blume, Scott F. Cooper, Steven Dubow, Bonnie Glantz Fatell, et al.
(Also at Philadelphia, Pennsylvania Office)