Michael J Kendall

Michael J. Kendall

Partner
Michael J. Kendall
Boston
+1 617 570 1765

Michael Kendall, Co-Chair of the firm’s Private Equity group, focuses his corporate finance and securities practice on private equity and venture capital transactions, mergers and acquisitions, public securities offerings and representing emerging growth companies.

Experience

Michael represents leading private equity and venture capital firms in early and later stage investments, leveraged recapitalizations and buyouts. He also has substantial experience representing issuers and underwriters in initial and follow-on public offerings, public and private mergers and acquisitions, and advising public companies on SEC reporting and other general corporate matters. Michael advises a variety of companies in industries including software and other information technology, telecommunications, information services, biotechnology, healthcare, financial services and retail.

Professional Activities

Michael lectures frequently on corporate finance and securities law, and teaches a course on private equity and venture capital transactions at Boston University School of Law. He is a member of the working group of the American Bar Association Committee on Negotiated Acquisitions that produces the Private Target Mergers & Acquisitions Deal Points Study, a widely-cited resource on current M&A deal terms. Michael is chairman of the board of KIPP:MA, a network of Massachusetts charter schools, and a member of the board of the Massachusetts High Technology Council.

Credentials

Education

JD1993

Boston University School of Law

(magna cum laude)

MBA1994

Boston University School of Management

BA1990

Tufts University

Admissions

Bars

  • Massachusetts

Courts

  • U.S. District Court for the District of Massachusetts

Recognition & Awards

Michael has been recognized by The Best Lawyers in America Best Lawyers for his work in Corporate Law 2022-2023.

Michael is listed in Chambers USA: America’s Leading Lawyers for Business, Best Lawyers in America, The Legal 500 United States, Boston’s Best Lawyers, and has been recognized as a Massachusetts “Super Lawyer.”

Publications

Michael has published a variety of articles on private equity, venture capital and M&A topics, including:

  • “R&W Insurance: Allocation of Risk With Respect to Interim Breaches,” Bloomberg Mergers & Acquisitions Law Report (June 2017)
  • “Roadblocks to Redemption: Delaware Chancery Court Makes Preferred Stock Redemptions More Challenging,” Harvard law School Forum on Corporate Governance and Financial Regulation (May 2017)
  • “Rise of the unfunded escrow,” Buyouts (March 2016)
  • “Achieving earnouts without fallout,” Buyouts (November 2015)
  • “Slicing up the pie: the role of incentive equity in winning deals,” Buyouts (March 2014)
  • “Delaware or Bust,” peHub.com (February 2013)
  • “Let’s Play Ball?,” The Deal Pipeline (July 2012)
  • “Old Opinion Forms on Sales of Securities,” 44 Review of Securities & Commodities Regulation 187 (September 2011)
  • “Legal Opinions,” Chapter 12 of Advising a Massachusetts Business (MCLE, Inc. 2011)
  • “Recent Delaware Case Highlights Common Pitfalls to Avoid With Earn-Out Provisions,” Goodwin Procter Client Alert (January 2010)
  • “New Delaware Case Favors Indemnity for Investment Pros,” peHub.com (August 2009)
  • “Cash Flow: A Case for Taking It,” Buyouts (April 2009)
  • “MAC Comeback,” The Deal Magazine (February 2009)
  • “Change Capital Program to Protect Private Money,” American Banker (November 2008)
  • “New Lessons to Avoid Disputes Post-Closing,” Buyouts (October 2008)
  • “Scraping By,” Mergers & Acquisitions – The Dealmaker’s Journal (July 2008)
  • “Levy Decision Clarifies Responsibility for Indemnification Obligations,” VCExperts.com (2008)
  • “WatchMark Ruling Clarifies Pay-to-Play,” Venture Capital Journal (March 2005)
  • “Keeping the Money Safe,” Venture Capital Journal (March 2004)
  • “The Benchmark Case and the Limits of Preferred Stock Protections,” Venture Capital Journal (November 2002).