Kevin A. Mason
Fargo, North Dakota
- Business & Corporate Law
- Agriculture & Cooperatives Law
- Oil, Gas, & Energy Law
- Commercial Transactions and Securities
Admitted to Practice
- North Dakota
- New York
Kevin is an Iowa native who was educated at the University of Iowa, Case Western Reserve University School of Law and at the Georgetown University Law Center. He has received numerous academic honors, including being selected as the first ever International Fellow at Case Western. While at Georgetown, Kevin won awards for his scholarship in the areas of federal regulation of banks and in the regulation of commodities markets. In 2014, the University of North Dakota Law School engaged Kevin as an Adjunct Professor, tasked with developing and teaching a course on securities regulation. This course is the first of its kind offered at the UND law school. Kevin has also taught seminars on international trade on behalf of the North Dakota Trade Office and seminars on EMS corporate governance on behalf of the North Dakota EMS Association.
Before he joined Vogel Law Firm, Kevin worked in Washington DC, in Poland and Ukraine, where he represented venture capital and technology investors, securities and commodities brokers, local governments, non-profits, and agribusiness concerns. His clients have included local and international banks; manufacturers; international financial institutions; bond, stock and derivatives issuers; private individuals; farmers and small businesses, in matters ranging from closing cross-border loan transactions to obtaining licenses. Kevin also assists real estate developers and agricultural and construction equipment manufacturers to structure their loan and lease financing. He is especially gratified when such clients retain his services in subsequent financings.
Perhaps his proudest professional achievement came in a real estate acquisition, when all of the parties – the seller, the buyer and the lender – separately insisted that he represent them in the deal. (He had to decline.)
Kevin’s practice focuses on banking, securities and corporate law, mergers and acquisitions, oil and gas, agribusiness, and also secured lending and leasing transactions. He has been a member of the New York State Bar since 2000 and the North Dakota State Bar since 2013.
Kevin is married and has two children. He enjoys classic automobiles, playing and building guitars, and the outdoors.
Representative North Dakota Transactions
- Acted as both lead and local counsel to a hotel chain in a series of loan refinancing
- Served as issuer counsel to an equipment dealer in a $150,000,000 bond issue governed by New York law
- Drafted private and public securities offering documents on behalf of numerous issuers, including a bank holding company in a combined $7,000,000 offering of common stock and preferred stock. This project entailed representing the bank holding company before the Minneapolis Federal Reserve Bank. The proceeds of the offering, together with financing from the Bank of North Dakota were used to acquire another bank holding company
- Advised state- and federal-chartered banks on compliance with state and federal law and regulation, including the Foreign Corrupt Practices Act, the Community Reinvestment Act, requirements for bonding of transport companies, customer privacy protections, and others
- Advised a property management company on withholding requirements when repatriating profits overseas
- Enabled a water resource district to undertake a $3,491,000 loan financing, together with subsequent rollovers of that loan
- Represented an electrical equipment producer as local counsel in multiple loan transactions
- Represented various real estate developers in numerous loan transactions
- Represented a California-based real estate lenders in a series of loans, including a $787,000 loan to a North Dakota borrower and a $1,100,000 construction loan to a different entity
- Devising local and international agreements and corporate structures on behalf of an importer and distributor of commercial kitchen equipment
- Aided a trucking and water services company to collect debts, to acquire water leases, and to purchase property
- Counseled a agricultural and equipment manufacturer in extending a leasing facility to its dealer network
- As local counsel, represented a United States affiliate of a European bank in a $100,000 credit facility to an energy producer and in other transactions
- Acted as local counsel to a fuel services company in a $80,000,000/CDN 320,000,000 cross-border multicurrency syndicated loan transaction, and again in restatement and joinder of additional parties to that loan
- Advised an alternative energy producer regarding permissible resales of its securities
- Prepared phantom stock plans for an agricultural services corporation and for an unrelated seed developer organized as a limited liability company
- On behalf of a chain of truck stops, drafted offering documents in a $4,000,000 Regulation D private offering and represented this client in subsequent acquisitions and leases of property
- Advised a New Jersey-based insurance company on compliance with securities broker-dealer requirements under state and federal law
- Served as local counsel to an oil and gas developer in a $350,000,000 cross-border syndicated loan transaction.
- Acted as lead counsel to a real estate developer in obtaining waiver of certain loan covenants
- Prepared land acquisition documents and commercial leases on behalf of a Minot real estate developer
- Represented insurers and insurance holding company systems in applications and reports to the North Dakota Insurance Commission
- On behalf of an institutional investor, restructured a publicly traded company’s obligations to that investor and negotiated the terms of an follow-on issuance of shares in partial satisfaction of those obligations
- Structured the terms of other investments on behalf of that same institutional investor
- Prepared software licensing agreements on behalf of a startup
- Represented a non-profit care facility in its acquisition by another non-profit care facility, including obtaining regulatory and lender consents and renegotiating loan terms