|
Mr. Flink concentrates his active practice in corporate finance, securities law, mergers and acquisitions, and general corporate law. These areas include public and private equity and debt offerings, Securities and Exchange Commission compliance matters, joint ventures and strategic alliances. In these roles, he has acquired significant knowledge on cross-border transactions. Additionally, he provides counsel related to technology licensing and commercial contracts.
As general and special counsel, Mr. Flink represents publicly traded corporations (New York Stock Exchange, Toronto Stock Exchange and Nasdaq listed). His clients also include emerging, high-technology growth companies and entrepreneurs in the initial start-up and development stages of business. This client base encompasses foreign companies entering the United States markets.
Mr. Flink has represented issuers and underwriters in numerous IPOs and follow-on offerings, and also has extensive experience in Regulation S and Rule 144A offerings. For his clients, he has structured numerous types of acquisitions including auctions; open- and closed-bid transactions; leveraged buy-outs; and acquisitions and dispositions of product lines, divisions and businesses. Mr. Flink provides counsel in earnouts, tax-free transactions, exclusive licensing, forward and reverse triangular mergers and insolvency sales and bankruptcy reorganizations. Many of these are cross-border transactions, involving coordination of activities in multiple jurisdictions.
Recent Transactions
Counsel to Hologic, Inc., Nasdaq-listed developer / manufacturer of medical imaging technology and systems, in their venture capital financings, IPO, multiple follow-on offerings and acquisition of several companies, both public and private, including Hologic's recently announced $6.2 billion merger with Cytyc Corporation.
Represented American Railcar Industries, Inc., a railcar manufacturer controlled by Carl Icahn, in its $200 million IPO completed in Jan. 2006. This was one of the first IPOs to be successfully completed under new Securities Offering Reform rules that became effective Dec. 2005.
U.S. Securities Counsel for Agnico Eagle Mines Limited, a Canadian gold mining company dual-listed on the New York Stock Exchange and the Toronto Stock Exchange; represented this client in its $150 million tender offer for shares of a Finnish gold mining company listed on the Swedish Stock Exchange and in its $250 million follow-on public offering of common stock.
Represented a leading European information technology company in its Nasdaq IPO, in follow-on financings raising over $1 billion, in over 20 acquisitions totaling over $2 billion, and in numerous joint ventures and strategic alliances, including with AT&T, Intel and Microsoft.
Negotiation and structuring of corporate documentation, such as purchase and sale agreements, investment agreements and innovative securities documentation for chapter 11 bankruptcy committee cases, including Global Crossing, Mirant, Comdisco and Philip Services.
Bar Admissions & Memberships
Admitted, Massachusetts Bar and U.S. Tax Court | 