On Aug. 6, 2023, Parsons Behle & Latimer suddenly lost a valued colleague, preeminent attorney and kind-hearted friend. Kevin Johnson enhanced Parsons’ attorney bench as one of its top natural resources and environmental attorneys, but moreover, was well-known and respected throughout the entire natural resources legal community. An enthusiastic global citizen and professional, Kevin generously dedicated his time to mentoring Parsons’ attorneys with engaging stories, interwoven with critical legal elements, best practices and wit. In return, he was always gracious and grateful to those who assisted him in his legal accomplishments, from fellow attorneys to Parsons’ professional staff. Kevin taught us how to engage with and respect clients and other team members – how to pause, be thoughtful and smile in moments of high stress. We are a better firm because of what he taught us. Kevin will live on in our approach to our profession and to each other.
Capabilities
Biography
Kevin W. Johnson is a member of the firm’s Corporate Transactions & Securities, and Environmental, Energy & Natural Resources departments. While Kevin has significant experience in a number of industrial sectors, his practice focuses on devising structures to create value through transactions related to the purchase, sale, development, financing and commercialization of infrastructure and natural resources projects. He has represented national and international clients in a wide variety of transactions. When dealing with infrastructure and natural resources projects, Kevin says he “helps clients turn dirt into cash.”
Kevin previously was executive vice president and general counsel of Molycorp, Inc., a publicly traded international rare earth mining and processing company with corporate offices in Denver, where he was responsible for all aspects of Molcorp’s legal affairs on a global basis. Before joining Molycorp, Kevin was a partner at Holland & Hart in Denver, Colorado. Kevin began his legal career at The Dow Chemical Company, where he had the opportunity to live and work in Europe for five years. Kevin speaks Spanish.
Experience
European Bond Trustee
Represented a European bond trustee in the design and implementation of a security package in the United States for a $100 million bond offering. The bonds will partially finance the development of a cobalt mine in Idaho. On Feb. 2, the first $50 million tranche of was released. Parsons’ team prepared the documents necessary to secure the funding, including mortgages on the real property, a security agreement for the personal property, collateral assignments of various contracts, a share pledge agreement, and a blocked account control agreement.
Structured Gold Mine Transaction and 1031 Exchange
Structured the sale of a gold mine to a junior mining company for the client including negotiating and documenting all aspects of the transaction, including a private placement and the payment of a mortgage. Also represented client Nevada Gold Mines in an IRS Section 1031 like-kind exchange of two mining properties, including environmental due diligence; real property transfers/recordings; personal property transfers; private placement on a secured credit facility; and tax structuring.
Sale of Mining Company
Representing a Canadian-based mining company in asset sale, including drafting and negotiating agreements for the sale of mining assets combined with a structure to provide indemnity protection against future operations.
Accomplishments
Academic
Brigham Young University J. Reuben Clark Law School (J.D., 1984)
Winner of John S. Welch Award for Excellence in Legal Writing
Member, Board of Advocates
London School of Economics (M.Sc. in Industrial Relations and Personnel Management, 1983)
Harvard University (A.B., cum laude, 1980)
Associations
Professional
Member, Denver Bar Association
Member, Colorado Bar Association
Member, American Bar Association
Community
Rocky Mountain Mineral Law Foundation
Co-Chair, Special Institute on Due Diligence in Mining and Oil & Gas Transactions
(2018)
Rocky Mountain World Trade Center Association
Past Chairman
(2010-2011)
Brigham Young University J. Reuben Clark Law School
Alumni Board
(2005-2007)
University of Denver Sturm College of Law
Adjunct Professor, International Finance
(2000 - 2003)
Insights
Articles
Regulatory Roulette: Preparing for Potential Filings under HSR and CFIUS
Co-Author, Handbook on U.S. Mining Law
PDAC One Day Short Course on U.S. Mining Law
Mining Material Agreements and Unrecorded Documents: What’s Hiding Under That Pile of Paper?
From Mine to Magnets: The Development of a Rare Earth Minerals Mine and Processing Facility
