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.
- Multiple acquisitions for Facebook, including its $2B acquisition of Oculus VR and its acquisitions of LiveRail, Little Eye Software (India), Pryte (Finland), Carbon Design and TheFind
- Multiple acquisitions for Cisco Systems, including its $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 and Accompany
- Multiple acquisitions for Amazon.com, including its acquisition of Souq (UAE), Blink and Sqrrl
- King Digital Entertainment’s (Ireland) $5.9B acquisition by Activision Blizzard
- Shanghai Giant Network Technology Co.’s (China) $4.4B acquisition of Playtika from Caesars Interactive Entertainment
- Giant Interactive Group’s (China) $3B going-private transaction by a sponsor-backed consortium (counsel to special committee)
- Spreadtrum Communications’ (China) $1.8B acquisition by Tsinghua Unigroup
- AppLovin’s $1.4B acquisition by Orient Hontai (China) (subsequently amended)
- Zhaopin Limited (China) in its $1B going-private acquisition by a sponsor-backed consortium (counsel to special committee)
- eHi Car Services' (China) in its $930M going-private (pending) acquisition by a 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 Corp.
- Solta Medical’s $250M acquisition by Valeant Pharmaceuticals International
- Lending Club's $140M acquisition of Springstone Financial
- American Express' acquisition of InAuth
- Nexon’s acquisition of Big Huge Games
- King Digital Entertainment’s (Ireland) acquisition of Z2Live
- Shutterfly’s acquisitions of MyPublisher and BorrowLenses
- Shotgun Software and Tweak Software’s acquisition by Autodesk
- Appirio’s acquisition of TopCoder
- Castlight Health’s acquisition of Jiff
Representative 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
- “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
In 2018, Ken was recognized as a Rising Star by the New York Law Journal 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 three years, Ken has appeared in The Legal 500’s yearly guide for his M&A work (2016-2018), 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.
Prior to joining Fenwick & West, Ken practiced in the M&A group of Sullivan & Cromwell.