Attorneys serving Massachusetts, Rhode Island

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Andrew J. Merken

Partner

Office Phone: 617.345.3740
Location: Boston, MA
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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:

Boston Bar Association, Co-Chair of Corporate Law Committee
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' 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:

Mr. Merken was selected for inclusion in Massachusetts Super Lawyers® (2011, 2010, 2009, 2008, 2007, 2006, 2005 and 2004). Super Lawyers and Rising Stars employ an annual jurisdictional selection process. Only five percent of lawyers in the state were selected to the Super Lawyers list and 2.5 percent to the Rising Stars list. The listing appears annually in the November issue of Boston magazine and in New England Super Lawyers.

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, Tufts Magazine - Making a Case for Connections: The Tufts Lawyers Association
Andrew Merken was quoted in this article by Rasika Welankiwar.
10/1/2005, New England In-House - Not Your Father's Stock Market
Andrew Merken was quoted in this article by John O. Cunningham.
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.

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Recent Articles and Publications:

Amended SEC Rules Mandate New Mine Safety Disclosures
Securities Law Update, January 2012

SEC Adopts New Standards for “Accredited Investor” Status
Securities Law Update, January 2012

SEC Approves Tougher Listing Standards for Reverse Merger Companies
Securities Law Update, December 2011

Allocating Interests in the Corporation
Organizing and Dissolving a Massachusetts Business, Chapter 6, November 2011

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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.

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