Alon Y.
Kapen
Emerging Companies & Venture Capital
Partner
Uniondale
T: 516-227-0633
akapen@farrellfritz.com akapen@farrellfritz.com
About Alon
Alon Y. Kapen is a corporate transactional lawyer who focuses on representing entrepreneurs, emerging growth companies and early stage investors in a wide range of entrepreneurial and strategic transactions. He counsels entrepreneurs and emerging growth companies in the formation of business entities, structuring agreements among founders, negotiation of capital-raising transactions, compliance with securities laws, negotiation of technology license agreements, structuring employee incentive arrangements, structuring of crowdfunding, Regulation A and initial coin offerings, and development of effective corporate governance. Alon represents academic entrepreneurs spinning out of universities and other research institutions. He also guides investors in the organization of private investment funds, the negotiation of various stages of equity, debt, and convertible funding transactions and the planning and implementation of exit strategies.
A trusted adviser to mature companies as well, Alon assists venture-backed companies in navigating layers of overlapping investors’ rights. He also counsels SEC reporting companies and special committees regarding strategic transactions, compliance with federal and state securities laws and rules, self-regulatory organization rules, public offerings and other SEC registrations, corporate governance, and specialized areas of securities practice such as takeover preparedness, proxy contests, and other activist shareholder initiatives. He represents private business enterprises in mergers and acquisitions, joint ventures, and spinoffs as well as private equity fund organizers and managers in the formation and funding of venture capital funds, hedge funds, real estate funds, and funds-of-funds.
Alon is a recognized thought leader and highly sought-after speaker. He is the editor of and chief contributor to New York Venture Hub, a blog focused on issues that are important to high-growth entrepreneurs and investors and the professionals who advise them. Alon has been widely quoted in print and digital publications, law journals and Wikipedia.
Credentials
Education
- Brandeis University
- Cornell Law School
Affiliations & Appointments
- Middle Market Alliance of Long Island, Board Member
- COMETS (startup mentoring), Member, Board of Directors
- College of Engineering and Applied Sciences, SUNY Stony Brook, Member, Dean’s Council
- Long Island Technology Hall of Fame, Member, Steering Committee
- Association of Corporate Growth (ACG) New York, Former Chairman, Long Island Division
- American Jewish Committee, Board Member, Past President – LI Chapter
- Cornell Law Review, Former Editor
Articles & Advisories
Do Malls Have Any Business Getting Into Retail?
Vertical integration — apparel retailers that make their own merchandise, farmers that sell their own produce, malls that own their…
February 16, 2021
Out of Compliance: How Delisting Distracts From a Turnaround
A retailer’s poor sales can send shares spiraling down as investors lose confidence. If the stock price gets below a…
December 04, 2019
Letters to the WSJ Editor; Outgoing SEC Chair White Will Be Missed
Alon Kapen wrote a letter to the editor of The Wall Street Journal regarding the departure of the SEC Chair, Mary…
November 28, 2016
Farrell Fritz: Joining in the effort to build Long Island’s innovation economy
Attorney Advertising – Long Island Business News A partner in Farrell Fritz’s corporate department, Alon Y. Kapen leads the firm’s…
June 08, 2015
LI Focus State of Affairs: Should your business incorporate in Delaware, Nevada or Wyoming?
June 08, 2015
Letters to the Editor: We Must Make Smaller-Company IPOs Much Easier
The following “Letter to the Editor” appeared in the November 4, 2011 issue of The Wall Street Journal. David Weild’s…
November 04, 2011
Client Advisory: New Accredited Investor Net Worth Test to Impact Private Investment
In the Dodd-Frank Act passed last year, Congress required that an individual’s primary residence be excluded from the $1million net…
February 17, 2011
Sarbanes-Oxley goes private
The chorus of public company grousing in reaction to the increasingly burdensome and expensive financial reporting and corporate governance requirements…
March 01, 2005
Corporate Governance — Three Things CFO’s and CEO’s Need to Know Now
In reaction to growing public outrage over financial scandals and weakening investor confidence, President Bush signed into law on July…
August 30, 2002
Warrants and Reverse Splits
Your company has just consummated a one-for-five reverse stock split. As a result, the market price per share of the…
January 25, 2002
Podcasts
News
Bed Bath & Beyond Stock Hit a New Low. Bankruptcy Could Still Happen.
As Bed Bath & Beyond ‘s stock price plummets to historic lows, the retailer finds itself yet again on the brink of…
April 06, 2023
Bed Bath Begins Three-Week Countdown to Possible Bankruptcy
Will Bed Bath & Beyond be able to avoid bankruptcy? Farrell Fritz, P.C. Partner, Alon Kapen, shares his perspective about the retailer with Bloomberg…
April 04, 2023
Elon Musk Deserves Credit For Tweet Trial Win, Attys Say
Alon Kapen was interviewed by Law360 on continued coverage around Elon Musk and his “Tweet Trial Win” in California. In…
February 07, 2023
The Year in M&A – 2022 Popular Reads on JD Supra
“Inside the Merger Agreement between Elon Musk and Twitter” by Farrell Fritz Partner Alon Kapen ranked as the second most widely read M&A-related article…
January 13, 2023
The Year in Social Media – 2022 Popular Reads on JD Supra
“Inside the Merger Agreement between Elon Musk and Twitter” by Farrell Fritz Partner Alon Kapen ranked as the third most widely read Social Media-related…
January 10, 2023
Musk’s Control Of Twitter Comes With Freedom, Drawbacks
Farrell Fritz partner Alon Kapen was quoted regarding the completion of Elon Musk’s deal to take Twitter private in Law360. “Whether it’s content moderation or…
October 31, 2022
Elon Musk’s legal battle with Twitter may be over, but his war with the SEC continues
Alon Kapen gives his insights on Elon Musk’s continued battle with the SEC regarding the pending Twitter deal on MarketWatch. “There…
October 07, 2022
Unpacking Bed Bath & Beyond’s ‘Self-Inflicted’ Crisis
Alon Kapen, a corporate attorney at Farrell Fritz who isn’t involved with the lawsuit, said his review of the complaint…
September 07, 2022
If Elon Musk Walks Away From His $44 Billion Twitter Deal, He Could Face a Legal Nightmare
M&A contracts are generally designed to insulate parties from the risk of the other side backing out. These kinds of…
May 19, 2022
The Chaotic Week Musk Tried to Buy Twitter – And the Questions That Lie Ahead
Will Twitter’s plan actually stop Musk’s purchase? Under the “poison pill” plan, Musk would have to spend an increasing amount…
April 19, 2022
Is The Twitter Board Required To Accept Elon’s Offer?
The board could reject Musk’s offer or refuse to negotiate even though the Tesla billionaire offered a substantial premium, as…
April 15, 2022
Twitter Investors Sue Elon Musk for Failing to Promptly Disclose the Size of His Stake
A group of Twitter shareholders are suing Elon Musk for allegedly failing to disclose he had bought a significant stake in the…
April 13, 2022
JD Supra’s 2022 Readers Choice Award
Farrell Fritz partner Alon Kapen received JD Supra’s 2022 Readers Choice Award for his New York Venture Hub blog posts. He is ranked…
March 07, 2022
Two LI Companies See Pot of Gold in Cannabis Greenhouses
Two publicly traded Long Island companies have joined forces to pursue the cannabis greenhouse market. One of companies, Power REIT,…
August 06, 2021
In hunt for ‘unicorn’ companies, new show invites audience to invest
Mom-and-pop investors will join Apple co-founder Steve Wozniak and a Long Island securities executive in hunting for potential billion-dollar “unicorn”…
May 07, 2021
Comptroller DiNapoli to Use Pension Fund in Corporate Diversity Effort
New York State is wielding its $250 billion pension fund in a campaign to widen diversity at public companies, including…
February 26, 2021
GameStop’s Stupefying Stock Rise Doesn’t Hide Its Reality
Behind GameStop’s stock surge is the grim reality of its prospects: The video game retailer is floundering even as the…
February 03, 2021
Biden’s Regulatory Freeze Unsettles Crowdfunding Advocates
President Joe Biden’s ongoing “regulatory freeze” could enable agencies like the U.S. Securities and Exchange Commission to postpone or reconsider recently approved…
January 29, 2021
War of words escalates as LVMH countersues Tiffany to nix their deal
The merger between two big luxury names was once touted by them and many analysts as good for both, but…
October 01, 2020
L Brands slams Sycamore for bargaining down Victoria’s Secret price
L Brands returned Sycamore’s legal effort to get out of its agreement to buy Victoria’s Secret with a lawsuit of its own…
April 24, 2020
Sycamore looks to back out of Victoria’s Secret deal
L Brands on Wednesday said that Sycamore Partners had delivered a notice to terminate their agreement, announced in February, where the…
April 23, 2020
Inventive Long Islanders Work to Outsmart the Novel Coronavirus
Long Island companies are shredding their spreadsheets and recharting their course to wage war on COVID-19. Graphic designers are producing…
April 10, 2020
Bed Bath & Beyond sues 1-800-Flowers to enforce purchase of keepsakes site
Beyond simply wanting to follow through on the desired sale, Bed Bath & Beyond could be concerned about “purchase price…
April 07, 2020
Ex-Hooters Franchisee Plans to Raise Up to $172.5M to Enter Cannabis Industry
A former hedge fund manager, Hooters franchise owner and blueberry farm president hopes to raise up to $172.5 million to…
January 09, 2020
Francesca’s adopts ‘poison pill’ after firm grabs nearly 22% stake
Alon Kapen was quoted in a Retail Dive article that discusses Francesca’s and its latest plan to avoid a hostile…
August 07, 2019
Hunting Unicorns: Eyeing Long Island’s Next Billion-Dollar Startup
If you think unicorns are mythic creatures, you probably haven’t been following finance. A unicorn company is a private startup…
July 18, 2019
Secrets of Crowdfunding
There are at least 375 crowdfunding sites in North America, according to Statista. Many people are already familiar with the…
May 28, 2019
Francesca’s plans reverse stock split
Francesca’s is in dire straits, as detailed last week in the report on its fourth quarter — a pivotal period…
May 07, 2019
LI firm seeks to cut costs by ending stock registration
Vicon Industries Inc. has filed to terminate the registration of its common stock, exempting the Hauppauge company from reporting requirements…
January 24, 2019
Air Industries to sell $7M in stock to boost liquidity
Alon Kapen, a securities lawyer at Farrell Fritz in Uniondale, said that Air Industries’ disclosures about internal financial controls brings…
June 29, 2017
Founders’ agreements can help partners avoid messy breakups
You must recognize each founder usually brings unique skills and value to a company, says Farrell Fritz law Alon Kapen,…
April 02, 2017
Digital Donations plans $13 million IPO by shareholders
Digital Donations Technologies Inc., whose digital crowdfunding systems help nonprofits raise money, has filed government documents for an initial public…
November 16, 2016
eGifter plans to raise up to $11 million from investors
“This is the future of capital raising,” said Alon Kapen, a corporate attorney at Uniondale-based law firm Farrell Fritz, which…
November 08, 2016
Three key factors to Kickstarter success, study finds
Starting May 16, entrepreneurs will have an additional avenue to raise money. They’ll be able to solicit up to $1…
April 24, 2016
Cemtrex sees Nasdaq listing as springboard for growth
“Listing on Nasdaq has a certain implied stability,” said Alon Kapen, a partner at the Uniondale law firm Farrell Fritz…
January 10, 2016
SMALL BUSINESS: Tapping into THE CROWD Public funding offers new investment sources, but at a cost
Alon Kapen was quoted in a Newsday article SMALL BUSINESS: Tapping into THE CROWD Public funding offers new investment sources,…
November 30, 2015
Small Business: Still waiting for SEC crowdfunding rules
Currently, public solicitation or advertising of a private equity offering is permitted only if all purchasers are accredited investors (i.e.,…
March 01, 2015
LI sizzles with $7 billion in mergers
Executives of public companies felt compelled to keep earnings per share rising to keep pace with the stock market, said…
January 04, 2015
Accelerate Long Island and the Long Island Emerging Technologies Fund Announce $500K in Funding for Five Biotech and Clean Energy Startups
June 09, 2014
Proxy Access Looms: Understanding It And Its Challenges
Please see below to read Alon Y. Kapen‘s interview with The Metropolitan Corporate Counsel‘s Editor. The interview may also be…
August 05, 2009
Gyrodyne May Omit Proposal on Right of Shareholders to Call Special Meetings
November 14, 2005
Activist Shareholders Showing Muscle — Taking on management has gone from rogue to vogue
November 11, 2005
Press Releases
American Jewish Committee to Honor Alon Y. Kapen with Civic Leadership Award
Farrell Fritz warmly congratulates our partner, Alon Y. Kapen, who will be receiving the American Jewish Committee (AJC) – Long…
March 19, 2014
Recognition
JD Supra
2022 Readers Choice Award
American Jewish Committee
2014 Civic Leadership Award
Cornell University Law School
Editor, Law Review
Community Work
Alon is president emeritus and a member of the board of governors of the Long Island Region of the American Jewish Committee. He is also a member of the steering committee for Family and Children’s Association, and the board of trustees for the Huntington Jewish Center.