Meet Andrew Kersting

Andrew KerstingAndrew Kersting has experience representing a broad array of clients from entrepreneurs to publicly-traded companies, including large radio and television group owners, national programming networks, investors, and lenders concerning various business, transactional, and regulatory compliance issues, including drafting and negotiating a variety of complex commercial agreements, especially those utilized in the acquisition, sale, and financing of media company assets.  He also served as in-house counsel for a publicly-traded company, where he drafted and negotiated commercial real estate leases, tower leases, and various technology agreements, including master service agreements, software licensing agreements, and nondisclosure agreements, as well as e-commerce and vendor agreements.

Andrew previously represented clients in various matters before the Federal Communications Commission (“FCC”).  Specifically, his practice encompassed drafting and negotiating agreements involving the acquisition and sale of broadcast properties, financing of station acquisitions, drafting and filing rulemaking petitions, preparation of applications for FCC authorizations, and regulatory counseling, including matters concerning multiple ownership, foreign ownership, political broadcasting, and EEO matters.  Andrew has also represented clients in a variety of proceedings before the FCC’s Enforcement Bureau, including (i) payola, (ii) indecency, (iii) sponsorship identification, (iv) the FCC’s technical rules, and (v) complaints regarding various promotions.  In addition, he has handled hearings and other adjudicatory litigation before the FCC.

Representative Transactions:

  • Served as counsel to a publicly-traded company and handled the closing in an exchange transaction involving the acquisition of a $40 million radio station and corresponding kickoff of the client’s then-new entertainment brand in the New York City market.
  • Represented a publicly-owned television group owner and handled the closing in the $17.3 million sale of the assets used in the operation of three television stations.
  • Managed the closing of a real estate transaction in which a client’s corporate headquarters was a commercial tenant and completed the transaction under a tight, lender-imposed deadline that enabled the client to save $12 million.
  • Handled the sales of radio broadcast facilities which had been placed in a divestiture trust in connection with a $2.7 billion merger transaction.
  • Represented a large, publicly-traded radio company as FCC counsel in the following transactions: (i) (a) the sale of 53 radio stations in 12 markets for $238 million and (b) the exchange of 15 radio stations in two markets in return for five stations in another market; and (ii) the acquisition of a national radio network (Westwood One) by utilizing the $238 million which the client received through the prior sale transaction earlier that same year.
  • Served as FCC counsel to the same publicly-traded radio company in separate $1.2 billion and $2.5 billion merger transactions, the latter of which enabled the client to acquire control of 205 additional radio stations in 50 media markets, solidifying its position at that time as the 2nd largest radio company in the country.

Education and Honors:

  • J.D., University of Colorado School of Law, 1987
  • B.A., University of Southern California, 1984
  • Named to Legal 500 US, Telecom & Broadcast (2013)
  • Rated AV Preeminent® (5.0 out of 5.0) by Martindale-Hubbell
  • Recipient of the Floyd Marks Memorial Scholarship (University of Colorado School of Law)
  • Recipient of a Minority Scholarship (University of Colorado School of Law)

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