Martin B. Shulkin

Partner

  • Martin B. Shulkin
  • Phone: +1 857 488 4210
    Fax: +1 857 401 3064

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  • Duane Morris LLP
    100 High Street, Suite 2400
    Boston, MA 02110-1724
    USA

Martin B. Shulkin focuses his practice on business law and finance in the areas of mergers and acquisitions, corporate governance, securities law, venture investments and corporate and commercial finance. He has handled numerous business transfers for both public and private companies in the pharmaceutical, healthcare, software, manufacturing, medical device, construction and retail industries, and advised both boards of directors and special committees in related strategic matters.

Mr. Shulkin has served as outside counsel to manufacturing, life science and software companies in technology licensing, supply, and distribution arrangements both in the United States and in cross border transactions. He has represented pharmaceutical and medical device companies in the acquisition and sale of a variety of therapeutic and diagnostic products, and software companies in development, distribution and service agreements.

Mr. Shulkin has also worked with boards and management in developing strategic and business plans, including strategic partnerships and collaborative arrangements.

He is a member of the business law and health law sections of the American Bar Association and business law section of the Boston Bar Association. Admitted to practice in Massachusetts and Florida, he holds a J.D. from Boston College Law School, where he was elected to the Order of the Coif, and a B.A. from Williams College.

Representative Matters

  • Represented the shareholder in the negotiation, documentation and closing of the sale of his stock to an acquisition subsidiary owned by the ultimate parent La Financiere Atalian S.A.S, a French company, a leading international provider of facility services operating in 31 countries.
  • Represented K&M Associates, a leader in US fashion accessories, in the acquisition of 100% of the stock of MJM Jewelry Corp., d/b/a Berry Jewelry.
  • Represented Quest Diagnostics, Inc. in the acquisition of the assets of the outreach laboratory business of Cape Care Healthcare, Inc., which operates numerous outpatient centers throughout Cape Cod, including Cape Cod Hospital and Falmouth Hospital.
  • Represented private equity firm Clarion Capital Partners and its portfolio company Lenox Corporation in Lenox's successful $22.2 million bid in the US Bankruptcy Court for the District of Massachusetts to acquire, in a Section 363 sale, substantially all of the assets of Reed and Barton Corporation, a prominent American silversmith manufacturer.
  • Represented The Pediatric Physician's Group at Children's, Inc., the community-based physicians organization affiliated with the Boston Children's Hospital, in a restructuring and entity formation to expand the community-based doctors group.
  • Represented Quest Diagnostics (NYSE: DGX) in the acquisition of ConVerge Diagnostic Services, a New England based diagnostic laboratory.
  • Represented Quest Diagnostics (NYSE: DGX) in a series of acquisitions of the outreach clinical laboratory and anatomic pathology businesses of UMass Memorial in Massachusetts and New England.
  • Represented Systagenix Wound Management LTD in the sale of a biologic product line to Healthpoint.
  • Represented Systagenix Wound Management LTD in various acquisitions and licensing transactions of intellectual property and/or medical devices in the field of wound management, as well as in product development, distribution and supply arrangements in the US and Europe.
  • Represented Wright Medical Technology Inc. in the acquisition of an orthopedic ankle system from a Netherlands based owner and manufacturer, including post acquisition European manufacturing and distribution agreements.
  • Represented London Stock Exchange chemical company in its asset acquisition of two generic pharmaceutical companies.
  • Represented an UK based financial software company in multiple software licensing and maintenance agreements to national investment banks and brokerage firms.
  • Represented US/Russian based custom software developer in multiple software licensing and maintenance agreements and its sale to large Russian software company.
  • Represented an institutional pharmaceutical company in the sale of the company to an American Stock Exchange listed corporation, for shares of the acquiring company.
  • Represented Elkem ASA, a Norwegian based energy and minerals company in technology licensing and development transactions with Fortune 100 company, as well as early stage development agreements.
  • Represented the majority stockholder of Syms Corp. in connection with a rights offering, backstop agreement, and stock redemption in connection with the reorganization of Syms Corp. and Filene's Basement in Chapter 11 Bankruptcy proceedings.
  • Represented a New England based regional bank in its purchase of revenue bonds from Massachusetts Development Finance Agency and subsequent loan to a large non-profit charity in connection with the acquisition and redevelopment of a number of its facilities.
  • Represented Versa Capital Management in its acquisitions of Plymouth Rubber Company and Malden Mills in reorganization proceedings under Chapter 11 of the Bankruptcy Code.
  • Represented Archway and Mother's Cookie Companies in Chapter 363 sales of their assets in reorganization proceedings under Chapter 11 of the Bankruptcy Code.
  • Represented the developer of a large mixed use retail, condominium and hotel development in its project acquisition and structuring, and the negotiation and documentation of multiple rounds of financing from a syndicate of banks in excess of $275 million.
  • Represented a number of professional service firms, CPA, law, and engineering, in multiple acquisitions, entity formations and restructurings.
  • Represented Somerset Therapeutics in the negotiation and preparation of all documents regarding a sale of Somerset as well as certain individuals in their capacity as controlling shareholders in the sale by Wintac Limited in the Business Transfer Agreement of its assets.

Admissions

  • Massachusetts
  • Florida
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts

Experience

  • Duane Morris LLP
    - Partner, 1999-present
    - Managing Partner (Boston), 1999-2012
  • Burns & Levinson LLP, Boston, Massachusetts
    - Partner, 1980-1999
    - Managing Partner, 1992-1996

Professional Activities

  • American Bar Association
    - Business Law Section
    - Health Law Section
  • Boston Bar Association
    - Business Law Section
  • Association for Corporate Growth
  • Mass Medic

Honors and Awards

Board Memberships

  • Former Chairman, Board of Trustees, Hebrew Senior Life

Selected Publications

  • Author of chapter, "Helping the Client Assess and Avoid Risk," Deal Strategies for Venture Capital and Private Equity Lawyers: Top Attorneys on Protecting IP Assets, Handling Fund-Raising and Formation Issues, and Working with VC Funds and Buyout Groups to Structure Transactions. (2007)
  • Author, "Don't fear the Hedge Fund," Financial Week (May 2007)

Selected Speaking Engagements

  • Presenter, "Cannabis 204: The Roundup of State Cannabis Legislation," Duane Morris Cannabis Webinar Series, August 20, 2019

  • Panelist, "What's Happening in the Indian Market," Duane Morris LLP, Boston, September 10, 2018

  • Panelist, "Running Lean: Strategic Outsourcing for Value and Cost Containment," Boston, January 26, 2012