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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 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.

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:

JOBS Act Makes It Easier to Raise Capital
Securities Law Update, April 2012

SEC’s Disclosure Guidance on Cybersecurity and European Sovereign Debt Exposure
Securities Law Update, February 2012

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

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.