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Dale A. Werts

Dale Werts specializes in technology transfers and commercialization, corporate and general business law, and mergers and acquisitions. His technology experience includes data-related issues, blockchain technology implementation and cryptocurrency-related issues, virtual property transfers, software and technology licensing, hardware acquisition agreements, vendor and affiliate arrangements, and offshore structures. Dale has represented the virtual property industry in massive multiplayer online gaming for over 20 years, including work with respect to privacy policies, terms of use, terms of sale, financings, affiliate arrangement, payment processing arrangements, banking relationships, corporate governance, acquisitions, intellectual property acquisition and protection, and litigation.  Recent work in the blockchain/cryptocurrency space has included initial coin offerings, token sales and distribution agreements, securities analyses, privacy-related issues, US regulatory issues, and foreign cryptocurrency exchange regulation and formation, and related trademark, patent and litigation matters.

Examples of acquisitions, dispositions and corporate finance transactions in which Dale has represented clients include:

  • Represented financial services providers in multiple transactions involving their purchases and sales of insurance company, insurance agency and administrative subsidiaries and significant blocks of life, disability and health insurance policies and annuities (by assumption reinsurance or indemnity coinsurance reinsurance). These transactions (exceeding $3 billion in aggregate value of assets transferred) involved multiple parties, various regulatory, transition, integration and financing issues and ancillary administration and operational agreements and issues.
  • Represented Sprint Corporation and its affiliates in various acquisition and disposition transactions involving both telecom assets and PIPEs exceeding $2 billion in value, including the sale to Omnipoint Corporation (a predecessor of T-Mobile) of the GSM System owned by a partnership that held a broadband personal communications services license for the Washington, D.C./Baltimore major trading area.
  • Represented a financial services provider in connection with its $315 million joint venture with a real estate development firm to redevelop an historic government structure in Kansas City for a new government use.
  • Represented a financial services provider in its $100 million secured Rule 144A note offering.
  • Represented a financial services company in its $150 million split-off of an insurance premium financing company subsidiary.
  • Represented a lodging owner and operator in its $90 million sale of a chain of hotels in Mississippi, Kansas and California through an auction process.
  • Represented an angel investor in its $15 million investment in a pharmaceutical development company and subsequent financing arrangements.
  • Represented a venture capital company in its private investment (involving stock and warrants) in a publicly traded corporation engaged in the importation and sale of furniture products.
  • Represented buyers in many other transactions, including acquisitions of a paper company, a candy company, retail card and gift shops, a retail shoe store chain, a cabinet manufacturer, a printing company, a state bank, a bank holding company, a water and sewer utility, a farm implement dealership, computer software and hardware, a medical equipment product line, and jet aircraft.
  • Represented sellers in many other transactions, including (a) dispositions of the stock of a playing card manufacturer, a retail sign company, a casualty restoration construction company and a pari-mutuel racing company, and (b) dispositions of the assets of a railroad air brake business, multi-player online gaming company, a bankrupt computer hardware distributor, a distressed candy manufacturer, a chain of fast food franchises, an agricultural pharmaceutical company’s biological autogenous vaccine division and a commercial construction company.
  • Represented clients in many other corporate finance transactions, including venture capital investments and financings, stock offerings, private placements, conventional financings, and industrial and municipal revenue bonds.

Examples of Dale's experience in structuring, negotiating, implementing and managing strategic alliances include:

  • Represented a surgical and burn medical instrument manufacture in negotiating and implementing distributorship agreements with distributors in Italy, France, Israel, Spain and Portugal.
  • Represented a public food products manufacturer in negotiating and implementing enterprise software license and maintenance agreements with software providers.
  • Represented a public motion picture exhibition company in negotiating, implementing and managing (a) box office, human resources and advertising tracking software licenses and maintenance agreements with software providers, (b) a joint venture with a minority-owned entity to create and operate an inner city motion picture theatre chain, (c) joint ventures with developers to build and operate motion picture exhibition theatres in Thailand, Hong Kong, the People’s Republic of China, Japan and Taiwan, (d) strategic beverage supply agreements with a major soft drink company for all of the client’s locations in the United States and Canada, (e) gift card distribution and sales agreements with various retailers, and (f) a beverage supply agreement with a frozen drink vendor.
  • Represented Sprint Corporation in (a) negotiating a strategic network agreement with Sprint Canada and COLAS S.A. (a global French construction company) involving the integration and management of a global integrated network in Canada, the United States and France, and (b) negotiating and implementing a strategic software licensing, support and services agreements with Z-Tel Communications, Inc. for the resale of local wireline telecommunications services and ancillary services.
  • Represented an envelope manufacturer in structuring and negotiating a joint venture with a French company and a Hungarian company for the manufacturing and distribution of products in Europe and the construction of a manufacturing facility in Russia.
  • Represented a financial services provider in structuring, negotiating, implementing and managing a joint venture with an individual life insurance agent and 12 of their affiliate companies involving (i) the purchase of a half interest in an annuity servicing company, (ii) the sale of a half interest in a life insurance company, (iii) the formation of a jointly held holding company, (iv) multiple indemnity coinsurance and modified indemnity coinsurance arrangements involving life insurance business generated by the individual life insurance agent, (v) multiple servicing agreements for the administration of such life insurance business, and (vi) multiple marketing and product development arrangements between the life insurance agent and various life insurance companies.
  • Represented a financial services provider in negotiating and implementing marketing and reinsurance arrangements with third parties, including a national union benefits organization and life insurance sales organizations.
  • Represented a sportswear manufacturer in structuring, negotiating and implementing a joint venture with a Canadian clothing company for the distribution and sale of sportswear in Canada.
  • Represented an international women’s religious organization in connection with its staging of meetings and international conventions throughout North America.

Court Memberships

  • Colorado
  • Missouri

Honors

  • Selected for National Law Journal's "Cryptocurrency/Blockchain/Fintech Trailblazer," 2018
  • Techweek 100 List, "Ambassador," 2018
  • Selected for Missouri Super Lawyers, 2010-2012
  • Recipient of the “Excellence in Education Award” from Northland Chamber of Commerce, 2009, 2012
  • Chambers USA, Missouri Corporate, 2005 - 2007
  • Martindale-Hubbell® “AV” Rating
  • Delegate and Region 7 (Iowa, Kansas, Missouri, and Nebraska) Implementation Chair for Capital Formation, 1995 White House Conference on Small Business
  • Centurions Leadership Program, Greater Kansas City Chamber of Commerce
  • Silver Beaver Award, Boy Scouts of America, 2015

Professional Affiliations

  • American Bar Association, Business and International Law Sections
  • The Missouri Bar
  • The Kansas City Metropolitan Bar Association
  • Lawyer's Association of Kansas City, Past Member of Board of Directors, Young Lawyers Section
  • Missouri District, Lutheran Church Missouri Synod, Board of Directors and Finance Committee 
  • Baker University Alumni Association, Past Vice President of the Board of Directors and Co-Chair, Benefit Auction Committee
  • Centurions Leadership Program, Greater Kansas City Chamber of Commerce, Past Member of the Steering Committee
  • St. John’s Evangelical Lutheran Church, Secretary, Past President, Elder and Sunday School Teacher 
  • Timothy Lutheran Church, Past Chair of the Endowment Fund Committee and the Personnel Committee; Past Member of the Board of Stewardship and the Building Committee
  • Northland Lutheran School Association, Past President of School Board, Past Member of the Board of Delegates
  • Kansas City Attorneys for the Arts, Past Member of the Board of Directors
  • Sigma Phi Epsilon Fraternity, Board of Governors, NUTS Society, Past President of Kansas Alpha Alumni Association, Carlson Leadership Academy and "Life After College" faculty
  • Boy Scouts of America, Assistant Scoutmaster, Troop 714; Pony Express Council, Vice President-Finance, Member, Executive Committee, Facilities Committee and Camping Committees; Wood Badge Staff and Participant; Philmont Leadership Challenge Participant; Summit Leadership Challenge/NAYLE Staff; 2013, 2017 National Jamboree Staff; National Youth Leadership Training Course Director; Tribe of Microsay Tribal Council; FEMA Storm Shelter Project Manager; Past Committee Chair for Pack 714

Publications

  • Washington University Journal of Urban & Contemporary Law, Managing Editor, 1986-87; Staff Member, 1985-88
Photo of Dale A. Werts
F: 816.292.2001

Assistant

Lynde Sullivan
816.460.5681

Education

Washington University School of Law, J.D., 1988

Washington University in St. Louis, M.B.A. candidate, 1988

Baker University, B.A., cum laude, 1984

Awards