Mr. Morgenstern is the Founder and Managing Partner of Blue Mesa Partners, Managing Partner of Maxim Advisors, and Chairman of CadenceCounsel. He serves as a Senior Advisor and/or Board member for growth companies in industries as diverse as sports entertainment, enterprise software, and social broadcasting.
He has been a director of public companies, and numerous private companies. Currently he is Chairman of CadenceCounsel (provides top-tier lawyers to law firms on a variable basis), a Director (Chair – Strategic Planning Committee) of CardinalCommerce (a leading enabler of authenticated payments and alternative payment brands), Chair, Audit Committee for Cohesant (water infrastructure solutions), Within3 (digital collaboration solutions for healthcare), and Thuuz (personalized sports entertainment). He is the Senior Advisor to LoungeBuddy (discover, book, and access airport lounges), and was the Senior Advisor for Twitch (fka Justin.tv); sold to Amazon.
Maxim Advisor acts as the exclusive end-to-end business negotiator of individual transactions, ranging from structuring a private placement to selling a business. Mr. Morgenstern was the exclusive business negotiator for the successful sale of Phylogy (a telecom IP developer and manufacturer) to Actelis, a strategic industry buyer.
For more than 25 years as a nationally prominent corporate and securities deal lawyer, he was the principal counselor at hundreds of public and private companies’ board meetings, and deeply involved in numerous strategic planning processes. He was the Founding Lawyer for national retailers OfficeMax and HomePlace. Prior to leading the West Coast Corporate and Securities Group for a national law firm, he was the long-time Managing Partner and CEO of a midwest regional law firm focused on entrepreneurs and emerging growth companies.
He is a nationally recognized thought-leader who created the corporate finance term “invendor” (for Red Herring) and authored Off Road Capital’s Definitive Deal Dictionary. Mr. Morgenstern’s early comments on Sarbanes-Oxley (particularly its adverse impact on small and mid-cap issuers) have been widely and favorably quoted in business, legal, and academic publications. He has been teaching for 30+ years about negotiating, securities, venture capital, and governance at venues including the SEC, Wharton, Weatherhead School of Management, and PLI’s Annual Institute on Securities Regulation.
His observations have appeared in national media, including The New York Times (Goldman Sachs/Facebook; board composition), CNBC’s Squawk Box (private equity), Crain’s (the future of law practice and hostile takeovers), Wall Street Journal (cost of being public), Tech Republic (strategic planning), Chicago Sun Tribune (Groupon IPO), Los Angeles Times (Blackstone IPO), San Francisco Chronicle (Sarbanes-Oxley; IPO’s), and the Huffington Post (SEC post-Madoff).
A passionate musician, he has been on the Board of the Rock and Roll Hall of Fame and Museum for almost 20 years. He also serves on the Board of the Rex Foundation, the San Francisco-based non-profit founded by the Grateful Dead.
Mr. Morgenstern serves on the Board of Advisors for the Long-Term Strategic Planning Committee for UC Berkeley’s Lawrence Hall of Science, was 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.
He holds a B.A. in American Social History from Yale University and a J.D. from Boston University School of Law. He was a co-founder of Bulldogs on the Cuyahoga, a non-profit designed to attract Yale graduates to live in Cleveland, and has also served as a delegate to the Yale Alumni Association.