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Alan K. MacDonald
Partner
Louisville, KY
Partner
Louisville, KY
Alan represents banking, fintech, health care, and other sectors in connection with capital transactions, compliance with securities laws, corporate governance, and mergers and acquisitions. As chair of FBT’s securities practice and a member of FBT’s Blockchain and Digital Currency team, Alan advises developers of blockchain technologies on capital-raising regulation and strategy involving digital tokens, including on matters before the U.S. Securities and Exchange Commission. He has counseled the boards of directors of public companies and their audit, compensation, nominating and special committees on fiduciary duties, the requirements of the Sarbanes-Oxley Act, and SEC and stock exchange rules. Alan actively participated in crafting legislation that governs corporations and other business organizations in Kentucky.
Representative transactions involving securities offerings, corporate governance, mergers and acquisitions, and financings include:
Counsel to special board committee in $342 million tender offer and share exchange in “going private” transaction for NASDAQ human services and home care provider
Issuer’s counsel for $200 million 144A senior note offering and subsequent registered note exchange
$32 million “PIPE” offering to institutional investors and related secondary registration for NASDAQ financial services company
$30 million institutional private placement of debt secured by royalty rights to medical device technology
$38 million initial public offering for NASDAQ financial services company
$26 million preferred stock investment by institutional investors in medical device developer, in conjunction with going public through a reverse merger
$183 million initial public offering by NYSE restaurant chain
Counseling audit committees of public companies in compliance review and establishing related party transaction policies
Target counsel in tender offer for NASDAQ furniture manufacturer and importer
Acquirer counsel in tender offer for NYSE coal producer
Acquirer counsel in tender offer for NASDAQ wine producer
Vanderbilt University Law School, J.D.
Dartmouth College, A.B., 1977
The Best Lawyers in America®: Corporate Law, 2006-2024; Mergers and Acquisitions Law, 2007-2043,“Lawyer of the Year,” 2020, 2024; Securities/Capital Markets Law, 2007-2024, “Lawyer of the Year,” 2013; Corporate Governance Law, 2015-2024,“Lawyer of the Year,” 2016, 2023; Securities Regulation, 2017-2024; International Mergers and Acquisitions, 2018-2024
Chambers USA, Corporate/M&A, 2004-2023
Selected for inclusion in Kentucky Super Lawyers®, 2009-2023
AV® Rated, Martindale-Hubbell®
Kentucky Bar Association
Louisville Bar Association
Advisory Committee to Kentucky Division of Securities, Chair, 1997-1998. Drafted legislation and regulations enacted in 1998 marking the first comprehensive revision of the Kentucky Securities Act in 38 years
Kentucky Limited Liability Company Act Committee, Co-Chair, 1991-1994. Drafted legislation enacted in 1994 as KRS Chapter 275 authorizing and governing the operation of limited liability companies in Kentucky
Kentucky Bar Association Corporation Act Task Force, 1986-1988, Member. Prepared comprehensive overhaul of the Kentucky Business Corporation Act that was enacted in 1988 as KRS Chapter 271B. Alan had specific responsibility for provisions codifying standards of conduct for directors and officers and for indemnification
Kentucky Bar Association Corporation Task Force, Member, 2001-2002. Prepared legislation enacted in 2002 to modernize KRS Chapter 271B
Business Law Section of the Kentucky Bar Association, Chair, 2000-2002
Business Law Section of the Louisville Bar Association, Chair, 1997
Wellspring (Schizophrenic Foundation of Kentucky), Director since 2004, Chair 2007-2009
Dartmouth College, Kentucky Alumni Enrollment Director 1998-2008
January 31, 2023
April 19, 2022
September 12, 2018
February 14, 2015