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 Andrew J. Merken

Andrew J. Merken

Partner

Office Phone: 617.345.3740
Location: Boston, MA
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Practice:

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/health care 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 public offerings, PIPE financings, shelf takedowns and mergers & acquisitions.

On the investor side, Andy represents venture capital and private equity funds, real estate investment funds and investor groups in their organization, capital raising and making portfolio company investments and acquisitions, as well as non-profit and private foundations in making healthcare-related investments and research grants.

In addition, Andy represents individuals in employment-related equity compensation matters.

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:

Additional Information:

Education:

Awards:

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.

Recent Articles and Publications:

Delaware Corporate Law Becomes More User-Friendly
Focus Newsletter, December 2014

SEC Targets Insiders and Companies for Failure to Report Stock Trades
Securities Law Update, October 2014
The Securities and Exchange Commission (SEC) recently took an unprecedented step in regulatory enforcement: It is now using sophisticated data analysis to target and charge insiders that have been chronically or materially delinquent in filing required securities transaction disclosures.

Crowdfunding: SEC Proposes to Exempt From Registration Internet Offerings Up to $1 Million
Securities Law Update, January 22, 2014

SEC Proposes "Pay Ratio" Disclosure Rates
Securities Law Update, October 2013

Speaking Engagements:

Tufts $100K New Ventures Competition & 10th Anniversary Celebration, 4.7.2014
Location: Tufts Medford Campus, Alumni Lounge
Role: Panelist
Andrew Merken was a Judge at the Tufts $100K New Ventures Competition & 10th Anniversary Celebration.
More info

Tufts $100,000 Business Plan Competition, 4.24.2013
Location: Tufts Medford Campus, Alumni Lounge
Role: Panelist
Andrew Merken was a Judge at the Tufts $100,000 Business Plan Competition.
More info

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.