Attorney Spotlight: Kris Kemp

February 4, 2019
Attorney Spotlight

Tell us about your practice.

I am a transactional attorney with a focus on buying companies, selling companies, and helping companies raise capital.  My clients operate across a spectrum of industries, but many are in regulated industries (primarily healthcare and financial services) that require an integrated approach with other attorneys at the firm in preparing for, and executing, transactions.  Developing and integrating teams of lawyers to address a corporate client’s existential needs is the most satisfying part of my practice, and I am fortunate to be part of a firm that has a deep and talented pool of lawyers.

What is an interesting trend happening right now related to your field of practice?

The conflicting trends of pro-seller indemnification limitations in sale transactions (enhanced by the use of representations and warranties insurance) and the rising use of fraud claims by buyers (which can result in significant, and unexpected, exposure for a seller in a transaction).  In this sustained seller’s market, indemnification terms are generally so seller favorable that buyers are left with little recourse but to pursue fraud claims if they encounter material problems with an acquisition.  Accordingly, negotiating a fraud construct consistent the protections developed in current case law is often the most important thing a seller can do to preserve the anticipated benefit of a transaction, but the case law (and market terms) evolve quickly.

Why did you choose to pursue a career in the legal field?

I applied to law school contemplating a career in patent law or environmental law.  After spending time as a summer associate and being exposed to various specialties, I was drawn to the way transactional law integrates many areas of the law, places a premium on teamwork, and, more often than not, allows clients to achieve an important goal: a closing.