Ken Myers concentrates his practice on mergers and acquisitions, corporate governance and general corporate matters. In his transactional practice, Ken represents domestic and international companies, boards and financial advisors in connection with a broad range of strategic transactions in the technology, entertainment and life sciences industries, including public and private mergers, acquisitions, tender offers, investments, joint ventures, stock and asset acquisitions and divestitures. Ken also counsels companies and their boards on corporate governance matters, activist defense and takeover defense.

In 2019, Ken was named the Technology & Telecom Dealmaker of the Year at The Deal’s Middle Market Awards. The New York Law Journal also honored Ken on their 2018 Rising Stars list, recognizing him as one of the most promising lawyers in the region. He was also named to the inaugural Top 50 Americas Rising Dealmakers list by Global M&A Network in 2018. For the past four years, Ken has appeared in The Legal 500’s yearly guide for his M&A work (2016-2019), with Fenwick ranking among the United States’ leading M&A Middle-Market firms. In 2016, the Daily Journal also named Ken to its Top 40 Under 40 list, honoring him among the top 40 lawyers under age 40 in California.

During law school, Ken was the managing technical editor for the Harvard Journal of Law and Technology.

Representative Experience:

Transactions

  • Multiple acquisitions for Facebook, including its $2B acquisition of Oculus VR and its acquisitions of LiveRail, Little Eye Software (India), Pryte (Finland), Carbon Design, TheFind and PlayGiga (Spain)
  • Multiple acquisitions for Cisco Systems, including its $2.6B acquisition of Acacia Communications (pending), $2.35B acquisition of Duo Security, its $1.9B acquisition of BroadSoft, its $1.2B acquisition of Meraki, its $452.5M acquisition of Lancope, its $320M acquisition of Leaba Semiconductor (Israel) and its acquisitions of Cognitive Security (Czech Republic), Memoir Systems, Embrane, Piston Cloud, Accompany and Exablaze (Australia)
  • Multiple acquisitions for Amazon.com, including its acquisitions of Souq (UAE), Blink, Sqrrl, CloudEndure (Israel), Eero and Health Navigator
  • King Digital Entertainment’s (Ireland) $5.9B acquisition by Activision Blizzard and its acquisition of Z2Live
  • Shanghai Giant Network Technology’s (China) $4.4B acquisition of Playtika from Caesars Interactive Entertainment
  • Giant Interactive Group’s (China) $3B going-private transaction by a private equity sponsor-backed consortium (counsel to special committee)
  • Imperva’s $2.1B acquisition by Thoma Bravo
  • Spreadtrum Communications’ (China) $1.8B acquisition by Tsinghua Unigroup
  • AppLovin’s $1.4B acquisition by Orient Hontai (China) (subsequently amended)
  • $1B going-private acquisition of Zhaopin (China) by a private equity sponsor-backed consortium (counsel to special committee)
  • Accel Entertainment in its business combination with TPG Pace Holdings, a special purpose acquisition company, valuing Accel at $884M (enterprise value)
  • $930M going-private acquisition of eHi Car Services’ (China) by a private equity sponsor-backed consortium (counsel to special committee)
  • Appirio’s $500M acquisition by Wipro (India)
  • Keynote Systems’ $395M acquisition by Thoma Bravo
  • Actuate’s $330M acquisition by Open Text
  • Etsy’s $275M acquisition of Reverb
  • Farfetch’s (UK) $250M acquisition of Stadium Goods
  • Solta Medical’s $250M acquisition by Valeant Pharmaceuticals International
  • Lending Club’s $140M acquisition of Springstone Financial
  • American Express’ acquisition of InAuth
  • Appirio’s acquisition of TopCoder
  • Castlight Health’s acquisition of Jiff
  • Marin Software’s divestiture of its Perfect Audience business to SharpSpring
  • Nexon’s acquisitions of Big Huge Games and Embark Studios
  • Scopely’s acquisition of FoxNext Games from The Walt Disney Company.
  • Shotgun Software's and Tweak Software’s acquisition by Autodesk
  • Shutterfly’s acquisitions of MyPublisher and BorrowLenses
  • Squarespace’s acquisition of Acuity Scheduling

Defense Engagements

  • Shutterfly in contested election for board seats initiated by Marathon Partners
  • Green Dot in contested election for board seats initiated by Harvest Capital
  • Contested squeeze-out of public minority shareholders of Alcon by Novartis

Publications:

  • “Akorn v. Fresenius: Important Practical Lessons from First-Ever Material Adverse Effect,” Fenwick & West, October 2018 (co-author)
  • “Wikimmunity: Fitting the Communications Decency Act to Wikipedia”, Harvard Journal of Law and Technology, Fall 2006

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Education & Admissions

J.D., Harvard Law School, 2006
cum laude

B.B.A., Business Administration and Computer Information Systems
University of Michigan, 2001
With high distinction

Member of the State Bars of California and New York

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