Mr. Morgenstern is the Founder and Managing Partner of Blue Mesa Partners. He serves as the Senior Advisor and/or Board member for growth companies in industries as diverse as telecom, enterprise software, social broadcasting, specialized steel service centers, printing and imaging, and solutions for protection and renewal of residential and municipal infrastructure.
He has been a director of public companies, and numerous private companies. Currently he is a Director of Cardinal Commerce Corporation (a leading enabler of authenticated payments and alternative payment brands), Cohesant Inc. (COHY), and Within 3, as well as a member of the Board of Advisors of Capstone Partners (a placement agent and advisor to venture capital and private equity funds). Other industries or companies for which he has served on the Boards of Directors or Advisors include automotive aftermarket, applied technology, place-based media, office supply superstores, online investment banking, e-commerce insurance, a regional accounting firm, mobile MIS support for small business and consumers, and financial technology to enhance business productivity.
For more than 25 years as a nationally prominent corporate and securities lawyer, he was the principal advisor at hundreds of public and private companies board meetings advising about corporate governance, mergers and acquisitions, executive compensation, public and private equity financing, financial statement restatements, Sarbanes-Oxley compliance, and hostile takeover defenses. He has led (or been a major participant in) the strategic planning process for a national food and beverage distributor and real estate developer. He was the Founding Lawyer for national retailers OfficeMax and HomePlace. Prior to devoting his full-time efforts to entrepreneurial activities, Mr. Morgenstern was the leader of the West Coast Corporate and Securities Group for a national law firm, and previously had been the long-time Managing Partner and CEO of a midwest regional law firm focused on entrepreneurs and emerging growth companies (public and private).
He is a nationally recognized thought-leader who created the corporate finance term "invendor" and authored Off Road Capital's Definitive Deal Dictionary designed to demystify the unique vocabulary of the private equity and venture world. His speeches and articles have advocated changes in business approaches to negotiation, as well as revisions to SEC rules ranging from the conduct of private placements to offerings to foreign investors. Many of these proposals have resulted in significant business or regulatory change. Mr. Morgenstern's comments on Sarbanes-Oxley, its adverse impact on small and mid-cap issuers, and suggested methods for public companies to alter their corporate behavior and processes to minimize cost and management disruption, have been widely and favorably quoted in business, legal, and academic publications.
His observations have appeared in national media, including CNBC's Squawk Box (private equity), The Deal (private equity and hedge funds), CFO magazine (Sarbanes-Oxley), Wall Street Journal (cost of being public), Los Angeles Times (Blackstone IPO), Tech Republic (strategic planning), New York Times (how a good board helps grow companies), Compliance Week (stock option expensing), Entrepreneur Magazine (problem investor syndrome), San Francisco Chronicle (Sarbanes-Oxley and IPO's), and the San Jose Mercury News (sale of restricted securities).
A passionate musician, he has been on the Board of the Rock and Roll Hall of Fame and Museum even prior to its 1994 opening. Marc has been on the SEC's Executive Committee for Small Business Capital Formation for more than 25 years, and was a long-time member of the Dean's Technology Council for Case Western Reserve University's Medical School.
Mr. Morgenstern holds a B.A. from Yale University, and a J.D. from Boston University School of Law. He was a co-founder of Bulldogs on the Cuyahoga, a program designed to attract Yale students to live in Cleveland after graduation. He also served a 3 year term on the Yale Alumni Association as an alumni delegate from 2004-2007.