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Andrew J. Merken
Partner
Office Phone: 617.345.3740
Location: Boston, MA
Send an email
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Practice:
- Co-Chair, Life Sciences
- Co-Chair, Securities Law
- Corporate
Bar Admissions:
Massachusetts
Experience:
Andy joined Burns & Levinson in 2003 from the national law firm Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., where he was a Partner in the Business and Finance Department. Andy represents both early and late stage private and public companies, particularly high tech and life sciences companies, in transactional, corporate finance and corporate governance matters, including formation, seed and venture stage financings, mergers & acquisitions, equity and compensation matters, technology protection and transfer, joint ventures, strategic collaborations, stockholder disputes, contract negotiations, public offerings, SEC and stock exchange compliance, and securities transactions and disclosure issues. Andy also represents public companies and underwriters/investment banks/placement agents in IPOs and follow-on public offerings, PIPE financings, shelf takedowns and mergers & acquisitions.
In addition, Andy represents venture capital funds, investment funds, real estate investment funds and investor groups in their organization, capital raising and portfolio investments.
Andy frequently writes and speaks on a variety of corporate and securities law topics. He has written dozens of client advisories and news articles and has spoken to legal and business groups on issues such as Sarbanes-Oxley, Regulation FD, Rule 10b5-1 Trading Plans, SEC compliance, and stock options, and issues facing emerging growth businesses.
Memberships:
- Tufts University Alumni Council
- Boston Tufts Alliance
- Tufts Lawyers Association, Board of Directors
- Combined Jewish Philanthropies, Board of Governors
- Lawyers Group of Combined Jewish Philanthropies, Co-Chair
- National Association of Corporate Directors New England Chapter Director of the Year Awards, member of the Nominations Committee
- Combined Jewish Philanthropies' 2004-2005 Acharai Leadership Program
- The American Jewish Committee, former member of the Board of Directors
- Cambridge Chamber of Commerce, former member of the High Tech and Science Steering Committee
- Burns & Levinson's Focus newsletter, former member of the Editorial Board
Additional Information:
- While at the University of Pennsylvania Law School Andy served as Managing Editor of the Comparative Labor Law Journal.
- While a student at Tufts University, Andy studied at the London School of Economics and Political Science.
Education:
- J.D., University of Pennsylvania Law School, 1992
- B.A., cum laude, Economics, Tufts University, 1987
Awards:
- Massachusetts Super Lawyer in 2009, 2008, 2007, 2006, 2005 and 2004. The selection of attorneys is based on a poll and internal research done by Law & Politics Magazine and reviewed by an independent blue ribbon panel of their peers. Listed attorneys and finalists consist of the top 5% of attorneys in Massachusetts. The listing appeared in the November issue of Boston Magazine and in New England Super Lawyers Magazine.
Quotes:
-
6/19/2009, Boston Business Journal - Experience, cost controls count in the hunt for VC
Andrew Merken was quoted in this article by Linda Goodspeed. -
2/6/2009, Mass High Tech - Inside Legal Services: Lawyers testify about what entrepreneurs should ask of them
Andrew Merken was quoted in this article regarding legal services and entrepreneurs. -
10/27/2008, National Law Journal - Crisis Brings SEC Filing Challenges
Andrew Merken was quoted in this article by Sheri Qualters discussing the impact the financial institution shakeup has had and will have on public companies regarding what exactly needs to be reported, and when, to the SEC. -
1/27/2007, The Patriot Ledger - MASS. MARKET: Poison pill popularity waning among larger firms
Andrew Merken was quoted in this article by Jon Chesto. -
5/20/2006, The Patriot Ledger - MASS. MARKET: Small businesses won’t escape Sarbanes-Oxley law
Andrew Merken was quoted in this article by Jon Chesto. -
10/1/2005, New England In-House - Not Your Father's Stock Market
Andrew Merken was quoted in this article by John O. Cunningham. -
10/1/2005, Tufts Magazine - Making a Case for Connections: The Tufts Lawyers Association
Andrew Merken was quoted in this article by Rasika Welankiwar. -
5/6/2005, Jewish Advocate - A View from the Bench
Andrew Merken, a member of the Young Lawyers Group of Combined Jewish Philanthropies, appeared in this issue. -
4/1/2005, Boston Business Journal (pg.15) - "Law Firms Tap Alumni to Stake Out Client Mind Share"
Andrew Merken was quoted in the article. -
10/1/2004, New England In-House - "In-House Lawyers Face Daunting Task Of Making SOX Procedures Actually Work"
Andrew Merken was quoted in this article. -
7/26/2004, New England In-House - "SEC's 8-K Reporting Rules Face Major Changes"
Andrew Merken was interviewed by Amy Johnson. -
5/19/2004, Legal Insight - "SEC's New Form 8-K Rules"
Andrew Merken was interviewed regarding the SEC's new Form 8-K rules.
Recent Articles and Publications:
SEC Requires New Compensation, Governance and Risk-Related Disclosures
Securities Law Update, December 2009
SEC Approves Proposed Changes to NYSE Corporate Governance Requirements
Securities Law Update, December 2009
SEC Proposes Amendments to Notice and Access Requirements Under E-Proxy Rules
Securities Law Update, October 2009
NYSE Proposes Changes to Corporate Governance Requirements
Securities Law Update, September 2009
SEC Approves Elimination of Discretionary Proxy Voting by Brokers in Elections of Directors
Securities Law Update, August 2009
SEC Proposes New Compensation and Governance Disclosures
Securities Law Update, August 2009
Legal Briefs: Maintaining Privilege
Legal Strategy Review, Summer 2009
A recent US decision helps clarify the scope of the attorney-client privilege as it applies to emails and drafts of SEC filings. Burns & Levinson LLP's Andrew Merken and Alison Conboy explore the implications.
SEC Seeks to Expand Director Nomination Process
Securities Law Update, July 2009
SEC Mandates Electronic Tagging of Financial Disclosures
Securities Law Update, March 2009
Reminder: New Electronic Filing Requirement for Form D takes full effect March 16, 2009
Securities Law Update, March 2009
Protecting the Attorney-Client Privilege When Drafting SEC Filings
Securities Law Update, February 2009
Solid Business Plans Attract Venture Capital
Providence Business News, October 2008
SEC Provides Guidance Regarding Company Web Sites
Securities Law Update, September 2008
Appealing to VC Investors in a Challenging Market
Vantage, WPI Venture Forum, October 2008
SEC Moves to Mandate XBRL - Electronic Tagging of Financial Statements
Securities Law Update, June 2008
Ways to attract VC investments in a down market
Mass High Tech, May 23, 2008
SEC Opens The Door To Electronic Shareholder Forums
Securities Law Update, March 2008
SEC Identifies Executive Compensation Disclosure Deficiencies
Securities Client Update, October 2007
SEC Amends Rules Regarding "Notice and Access" Model for Proxy Solicitation and Disclosure
Securities Client Update, August 2007
SEC Provides Guidance/Rules for Sarbanes-Oxley Section 404 Financial Controls
Securities Client Update, July 2007
What's New for the 2006 Proxy Season
Focus [Page 1 and Page 2], June 1, 2006
SEC Proposal Targets Executive Compensation Disclosures
Securities Update, March 1, 2006
The New 8-K Disclosure Rules Are Far-Reaching
New England In-House, July 2004
Real-Time Issuer Disclosure: The Brave New World of the New 8-K Rules
Mass High Tech, June 14-20, 2004
Stock Options - Under Attack! Again
Focus, Winter 2004
SEC Adopts Amendments To Broker-Dealer Books and Records Rules
The Metropolitan Corporate Counsel, January 2002
Speaking Engagements:
Speaker: "Unwinding Massachusetts Business Trust/QSUB Groups", 1.20.2004
Andrew Merken was a speaker on "Unwinding Massachusetts Business Trust/QSUB Groups" at the Massachusetts Continuing Legal Education (MCLE) event on January 20, 2004.
Moderator: "Mergers, Meltdowns, Money and Marketing - The Future of Boston's Legal Community and How to Prepare for It", 1.8.2004
Andrew Merken was the moderator for "Mergers, Meltdowns, Money and Marketing - The Future of Boston's Legal Community and How to Prepare for It," sponsored by The Young Lawyers Group of Combined Jewish Philanthropies on January 8, 2004.
Speaker: "New SEC Periodic Reporting Rules", 10.24.2003
Andrew Merken was a speaker on "New SEC Periodic Reporting Rules" at the Massachusetts Continuing Legal Education's 21st Annual Business and Securities Law Conference on October 24, 2003.
Speaker: "SEC Regulation FD and Rule 10b5-1: A First Anniversary Update on Practical Issues and Implementation", 10.3.2002
Andrew Merken was a speaker on "SEC Regulation FD and Rule 10b5-1: A First Anniversary Update on Practical Issues and Implementation" for The Northeast Chapter of The American Corporate Counsel Association on October 3, 2002.
Speaker: "Dealing with Analysts, Reporters and Friends: The New Rules of Insider Trading and Disclosure for Public Companies", 10.4.2001
Andrew Merken was a speaker on "Dealing with Analysts, Reporters and Friends: The New Rules of Insider Trading and Disclosure for Public Companies" for the New England Corporate Counsel Association on October 4, 2001.
