Andrew J. Merken

Partner | Co-Chair, Life Sciences | Co-Chair, Securities & Capital Markets

overview

Andy is a Partner in the Corporate Group and the Venture Capital & Emerging Companies Group. He is also the Co-Chair of both the Life Sciences Group and the Securities & Capital Markets Group. Andy focuses on business and transactional matters for a wide range of clients, with a particular concentration on Seed round and Venture Capital financings, recapitalizations, mergers & acquisitions, private equity transactions, and corporate governance.

In addition to his corporate finance and mergers & acquisitions work, Andy represents entrepreneurs, start-up and growth-stage companies, and investment banks, as well as venture capital investors, private foundations, family offices, and angel investors, in formation and structuring matters, equity and compensation, business contracts and general business advice and planning. Andy also represents C-level and R&D executives in employment matters, including equity compensation.

Andy works with clients in a variety of industries, including life sciences (biotech/biopharmaceutical, medical device, healthcare, digital health, and healthcare services), business services, software, financial services, venture capital, investment banking, consulting, legal services, consumer products, staffing, food services, real estate, and entertainment.

education

J.D., University of Pennsylvania Law School, 1992

B.A., cum laude, Economics, Tufts University, 1987

admissions

Massachusetts

honors & awards

Go To Life Sciences/Healthcare Lawyer, Massachusetts Lawyers Weekly (2022)

The Best Lawyers in America© Best Lawyer, Corporate Law (2017-2024)

Massachusetts Super Lawyers (2004-2012, 2018-2019)

New England Best Lawyers

community involvement

Combined Jewish Philanthropies

  • Audit Committee

Penn Club of Boston

  • Board of Directors

Tufts Boston Business Leadership Series

  • Creator and host of ongoing lunchtime speaker series featuring successful Boston-area Tufts alumni business executives

Tufts University Alumni Council

Tufts Entrepreneurship Center

  • Board of Advisors

memberships

Alliance of Merger & Acquisition Advisors New England Chapter (AM&AA)

  • Board of Directors

Boston Bar Association 

  • Chair, 2018 Venture Capital and Private Equity Conference
  • Advisory Committee, 2017 Venture Capital and Private Equity Conference
  • Past Co-Chair of Business Transactions Section
  • Past Co-Chair of Corporate Law Committee

articles

“New SEC Rules Facilitate Regional and Intrastate Private Placements,” Burns & Levinson Securities Law Update, December 2016

“What You Need to Know About the New SEC Rules on Crowdfunding,” Burns & Levinson Securities Law Update, December 2015

“Top Takeaways from the SEC’s New Pay Ratio Disclosure Rules,” Burns & Levinson Securities Law Update, September 2015

“SEC Proposes ‘Clawback’ Rules for Incentive-Based Executive Compensation,” Burns & Levinson Securities Law Update, August 2015

“Pay-Versus-Performance: SEC’s Proposed Rules,” Burns & Levinson Securities Law Update, May 2015

“SEC Proposes New Pay-Versus-Performance Disclosure Rules,” Burns & Levinson Securities Law Update, May 2015

“SEC Rules Expand Access to Capital via Larger Private Offerings (Regulation A+),” Burns & Levinson Securities Law Update, April 2015

“New SEC Rules Allow Private Companies Access to Larger Amounts of Capital (Regulation A+),” Burns & Levinson Securities Law Update, April 2015

“Delaware Corporate Law Becomes More User-Friendly,” Burns & Levinson Focus Newsletter, December 2014

“SEC Targets Insiders and Companies for Failure to Report Stock Trades,” Burns & Levinson Securities Law Update, October 2014

speaking engagements

“Firms Investing Beyond Financial Return” Corporate VC Panel, Moderator, RESI South, March 2024

“Perspectives on Early-Stage Investments” Family Offices Panel, Moderator, RESI JPM, January 2024

“Perspectives on Early-Stage Investments” Family Offices Panel, Moderator, Life Science Nation’s RESI Conference, September 2023

“Bringing the Newest Therapies to the Clinic”, Moderator, Life Science Nation’s RESI Conference, March 2023

“Corporate VC: The Changing Landscape & New Opportunities”, Moderator, Life Science Nation’s RESI Conference, January 2023

“The Cutting Edge of Law, Biotech, and Life Sciences,” Panelist, Tufts Lawyers Association, November 2022

“Corporate VC: The Changing Landscape & New Opportunities,” Panelist, 2022 RESI Conference hosted by Life Science Nation, September 2022

“Investing in the Earliest Stage Companies,” Panel Moderator, Life Science Nation’s Digital RESI Conference, March 2022

“How Do Family Offices View Seed & Series A Rounds?,” Panel Moderator, Life Science Nation’s Digital RESI Conference, January 2022

“Large Corporations Seeking External Innovation in the MedTech Space”, Speaker, RESI, November 2021

“Cannabis – A Growth Industry: Business Overview and M&A Update,” Moderator, Alliance of Mergers & Acquisitions Advisors, October 2021

“Novel Approaches on Corporate Innovation & Their Value-Add,” Panel Moderator, Life Science Nation’s Digital RESI Conference, September 2021

“Impact Investors: Life Science Investors Looking for More Than Financial Returns,” Panel Moderator, Life Science Nation’s Digital RESI Conference, June 2021

“Digital Therapeutics: Novel Therapeutic Solutions Using Digital Technology,” Panel Moderator, Life Science Nation’s Digital RESI Conference, March 2021

“Developing the Moderna COVID-19 Vaccine – A Personal Perspective,” Series Host, Tufts Boston Business Leadership Series, March 2021

“How Do Family Offices View Seed & Series A Rounds?” Panel Moderator, Life Science Nation’s Digital RESI Conference, January 2021

“CEO Outlook: Current and Future State of Healthcare and Life Sciences,” Webinar Host, Burns & Levinson’s Life Sciences Group, December 2020

“Corporate Venture Capital: The Corporate Landscape Morphed and New Opportunities Abound,” Panel Moderator, Life Science Nation’s Digital RESI Conference, November 2020

“Corporate Venture Capital: The Corporate Landscape Morphed and New Opportunities Abound,” Panel Moderator, Life Science Nation’s Digital RESI Conference, September 2020

“AI in Mechanical Devices,” Panel Moderator, 4D Meets AI Conference, September 2020

“Life Sciences M&A and VC Financing,” Webinar Host, Burns & Levinson, June 2020

“Tufts $100K New Ventures Competition,” Judge, Tufts University, April 2018

“Tufts $100K New Ventures Competition,” Judge, Tufts University, April 2015

“Tufts $100K New Ventures Competition & 10th Anniversary Celebration,” Judge, Tufts University, April 2014

“Tufts $100K Business Plan Competition,” Judge, Tufts University, April 2013