Kenneth has over 25 years' experience providing clients with tax efficient advice and solutions covering a diverse range of domestic and international transactions.
He has counseled clients in over 200 domestic and international merger and acquisition transactions; advised US and foreign private equity firms and real estate fund sponsors in both fund formation and portfolio investments; created tax-optimized structures for the creation, holding, and disposition of intellectual property; designed and implemented tax-efficient structures for real estate development joint ventures and a wide range of corporate transactions; and advised with respect to like-kind exchanges and syndicated tenants-in-common offerings. He designs and implements equity and deferred compensation plans and routinely provides clients with multi-state tax planning advice. Kenneth has significant industry experience not only in private equity and venture capital, but also in health care, as he is experienced in advising non-profit health care providers.
Kenneth has authored numerous articles on federal income tax issues and is a regular speaker at the national level on various topics relating to tax law. He is also the co-author of Taxation of Intellectual Property and Technology, a leading two volume treatise published by LexisNexis.
In addition to handling income tax-related matters, Kenneth also has a specialty advising the founders of privately held businesses on various estate planning opportunities in advance of an acquisition as well as advising closely held businesses on succession planning.
• Provided tax advice to Waban Software, Inc., a privately held software company, with respect to its sale to Phase Forward, Inc.
• Provided tax advice to Stella Jones, Inc., a public Canadian wood products company, in its acquisition of McFarland Cascade, Inc. for $250M.
• Provided tax advice to Syntroluem Corporation, a public company, in its acquisition by Renewable Energy Group, Inc.
• Provided tax advice to a Texas based home furnishings online retailer in its acquisition by a public company for $190M.
• Provided tax advice to a Canadian based operator of senior living facilities in its acquisition of a 76% interest in a US operator of 290 senior living facilities.
• Provided tax advice to one of the largest private companies in the US in its spin-off of a proprietary technology business.
• Provided tax advice to a foreign public pharmaceutical company with regard to the formation of a strategic investment fund and the structuring of its investments in the US.
• Represented real estate fund sponsors in NY, NJ, and MI with respect to the formation of multiple real estate opportunity funds.
• Represented state and local pension plans with respect to their investments in US and foreign alternative investment vehicles.
• Provided tax advice to the owners of over thirty companies operating under an affiliation agreement with respect to a roll-up and ultimate sale.
• Provided tax advice to The Tile Shop in its SPAC merger and $125M public offering.
• Provided tax advice to Carbonite in its $62.5M public offering.
• Provided tax advice to a foreign private equity fund with respect to its investment in a US portfolio company and subsequent restructuring to permit a public offering on a foreign exchange.
• Have represented a number of companies in litigation with the IRS with respect to R&D tax credit challenges.
• Provided tax advice to an offshore company with respect to a restructuring of its worldwide operations and the formation of an offshore IP holding company.
• Represented privately held Hydroid LLC, a supplier of automated underwater vehicles, in the sale of the company to Kongsberg Maritime AS.
• Acquisition of International Offshore Services, Inc. for Platinum Equity LLC.
Recognitions & Awards
• Massachusetts Super Lawyers: Tax (2006, 2007, 2012)
• Best Lawyers in America: Tax Law (2012 - 2014)
Professional & Community Involvement
• Member, Boston Bar Association (BBA)
• Past Co-chair, BBA Tax Section
Panelist, Winter New England Regional Conference & Annual Meeting, The New England Alliance of the American College of Health Care Administrators (ACHCA)(01.13.2010)
• Speaker, Are You Prepared for the New 990?,Healthcare Financial Management Association (HFMA), New Hampshire/Vermont Chapter(08.13.2009)
• Mintz Levin Bolsters Tax Capabilities with Veteran Practitioner Kenneth Appleby, (04.01.2014)