Biography

Phil Flink has a broad business practice representing both public and private companies and investors. His multi-disciplinary practice has encompassed companies across a wide range of industries such as medical devices, molecular diagnostics, manufacturing (including high tech, heavy industry and consumer products), finance (including banks, and fund and investment managers), software, casinos, restaurants, energy, publishing, retail sales, security, and assisted living. Phil’s practice is as varied as his client base, spanning the scope of their business needs, including general corporation law, corporate governance, securities law, mergers and acquisitions, corporate finance, joint ventures, licensing, employment law and executive compensation, and general contractual matters. He has been involved in representing these clients through various stages of a company’s life cycle, including start-up, financings (including public and private debt and equity offerings and bank financings), initial public offerings, mergers and acquisitions, spin-offs, and both in and out-of-court restructurings. In the past few years, a significant portion of Phil's time has been focused on advising senior management and Boards of Directors of publicly owned companies in connection with major matters and decisions.

Representation

Lead US securities attorney, representing issuers in the US, Europe and Canada, in over 10 IPOs and multiple follow-on debt and equity offerings of up to $4 billion, covering a range of industries including medical device, molecular diagnostics, software, semiconductor, telecommunications, security, heavy manufacturing, mining, packaging, retail, casino, assisted living and restaurants.

Represented Hologic, Inc, a Nasdaq-listed developer / manufacturer of medical devices, in its venture capital financings, IPO, technology spin-offs, multiple follow-on offerings and acquisition of several companies, both public and private, including a $6.2 billion merger (cash and stock), a $4.0 billion merger (cash), a $650 million two-step tender offer acquisition, $3.8 billion financing including Term Loan A, Term Loan B, Revolving Credit Facility and Senior Notes, a $2.3 billion bank financing, a $1.725 billion convertible note offering, and private debt exchanges of $500 million, $450 million and $370 million.

Represented American Railcar Industries, Inc., a railcar manufacturer controlled by Carl Icahn, in its $200 million IPO and a follow-on $275 million note offering.

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 cross-border joint ventures and strategic alliances, including with AT&T, Intel and Microsoft.

Advises boards of directors, special committees and corporate management of both publicly held and private companies on governance matters and fiduciary duty issues.

Represents companies, committees, bondholders and other constituencies in bankruptcy and out-of-court restructuring transactions, advising on a range of corporate, contractual, merger and acquisition, and securities matters, including representation involving Comdisco, Exide, Global Crossing, Global Power Equipment Group, Haights Cross Communications, Hollywood Casino Shreveport, Lyondell, Quality Distribution, Inc,, Metaldyne, Mirant, Muzak, Philip Services, Six Flags, Thermadyne and Sirius XM Radio.

Acted as US 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.

Education

University of Virginia – J.D., 1981
Dartmouth College – A.B., summa cum laude, 1978

Bar Admissions

Massachusetts
US Tax Court
Publications