Martin B. Shulkin
Partner
Duane Morris LLP
100 High Street, Suite 2400
Boston, MA 02110-1724
USA
Phone: +1 857 488 4210
Fax: +1 857 401 3064
Email: MBShulkin@duanemorris.com

Martin B. Shulkin focuses his practice on counseling businesses, particularly in the areas of entity formation, corporate governance, succession planning, mergers and acquisitions, emerging businesses, venture investments, intellectual property licensing, and corporate and commercial finance. He has handled numerous business transfers involving both public and private companies, including the sale or acquisition of clients in the pharmaceutical, healthcare, software, manufacturing, medical device, construction and retail industries.

Mr. Shulkin has represented a number of life science and technology companies in partnering, licensing, supply and distribution arrangements both in the United States and in cross border transactions. He has counseled distressed entities in business reorganizations and workouts, both in and out of bankruptcy. He has represented majority and minority shareholders and general and limited partners in business separations and restructures, and counseled business clients in connection with commercial and contractual disputes.

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 Quest Diagnostics 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 numerous 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 an UK based financial software company in multiple software licensing and maintenance agreements to national investment banks and brokerage firms.
• 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 both fortune 100 companies, as well as early stage development agreements.
• Represented a prominent entrepreneur in investments and consulting arrangements with a logistics and material handling company and its sale at more than 10 times its initial valuation, and a joint venture investment with a private equity firm, and two other private equity firms in a renewable energy business.
• 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 primary care physician's organization affiliated with a Harvard teaching hospital in corporate governance matters.
• 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 a real estate investment fund in multiple rounds of high yield debt and mezzanine financings.

Professional Activities

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

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
• Burns & Levinson LLP, Boston, Massachusetts
  - Partner, 1980-1999
  - Managing Partner, 1992-1996

Board Memberships

• Former Chairman, Board of Trustees, Hebrew Senior Life

Honors and Awards

• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

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

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