JamesA.
Mercer III

Partner
LINKEDIN
James Mercer

Overview

James ("Jamie") Mercer is a partner in the Corporate Practice Group working out of the firm's San Diego (Del Mar) and London offices. 

Jamie's practice focuses on corporate law, with an emphasis in U.S. and cross-border merger and acquisition transactions and capital markets transactions.  From 2011 to 2017, Jamie resided in London, serving as the Office Managing Partner for the Firm’s London office. 

Jamie represents financial sponsors and public and private companies in U.S. and cross-border mergers and acquisitions, including asset sales, stock sales, mergers, triangular mergers, joint ventures and similar business combinations. Jamie regularly acts as U.S. counsel in connection with multijurisdictional international transactions.

Jamie also represents issuers and underwriters in public offerings of securities in the U.S., including initial public offerings, secondary public offerings, tender offers, registered direct offerings and private investments in public equities (PIPEs). He advises U.S.-based and international companies and placement agents in private offerings of securities, including Rule 4(a)(2), Regulation D, Regulation S, and Rule 144A private placements. He advises publicly-traded companies on their periodic reporting and disclosure and regularly advises Boards of Directors and Committees on corporate governance matters and fiduciary obligations.

From 1999 to 2004, Jamie was general counsel and chief financial officer of a Nasdaq-listed telecommunications software company.

 

Experience

Representative Matters:

Private Equity Matters:

  • Represented Fishawack Communications, Inc. a portfolio company of Bridgepoint in its acquisition of Avalere Health, Inc. and seven other U.S. based add-on acquisitions.
  • Represented Axiom GRC, a portfolio company of Inflexion, in its acquisition of U.S.-based IS Partners, Inc. and an additional add-on acquisition.
  • Represented Celnor Group Limited, a portfolio company of Inflexion in two U.S. based add-on acquisitions. 
  • Represented RTO Insider in its sale to Yes Energy, LLC an energy marketing company backed by Accel-KKR.

Crossborder M&A Matters:

  • Represented U.K. based Energy Aspects Limited in the U.S. aspects of its acquisitions of Kayrros SAS and World Petrochemical Marketing Company LLC.
  • Represented Halldale Media, Inc. in its sale to U.K. based Montgomery Group Limited.
  • Represented Iron Mountain in the U.S. aspects of its acquisition of Wisetek Solutions, Inc.
  • Represented France-based Apave Group in its acquisition of ABS Consulting, Inc.
  • Represented Danish company Widex A/S in the U.S. aspects of its €7 billion combination with Sivantos Group.
  • Represented InCap Corporation, a Finnish corporation, in its acquisition of U.S. electronics manufacturer Pennatronics, Inc.

Initial Public Offerings:

  • Represented GAN Limited in its $64 million initial public offering and listing on the Nasdaq Capital Market.
  • Represented Oncotelic Therapeutics, Inc., a pharmaceutical development company in its initial public offering via reverse merger with concurrent PIPE financing.
  • Represented The Pebble Group Limited in U.S. aspects of its £135 million initial public offering on the AIM Market of the London Stock Exchange.U.S. counsel to Asia Green Agriculture Corporation, a China-based manufacturer of organic bamboo and other food products, in its alternative public offering via reverse merger and concurrent PIPE financing.

Secondary Public Offerings:

  • Represented RadNet, Inc. in a $230 million secondary public offering and subsequent $259 million secondary public offering.
  • Represented GAN Limited in connection with its $91 million secondary public offering.
  • Represented AirMedia Group Inc., a leading operator of out-of-home advertising platforms in China, in its $100 million secondary public offering of American Depository Shares.
  • Represented Lake Street Capital Markets LLC as underwriter in connection with the $22 million secondary public offering by RealNetworks, Inc.
  • Represented B. Riley Securities Inc. as underwriter in connection with the $65 million secondary public offering by Smith Micro Software, Inc.
  • U.S. counsel to Capital & Regional plc., a London Stock Exchange-listed owner and operator of regional shopping centers, in connection with a £165 million placing of securities.
  • U.S. counsel to Investec Securities plc as underwriter and placement agent in connection with a £122 million initial public offering of Serverlec Group PLC on the London Stock Exchange.

Public Company M&A:

  • Represented GAN Limited in connection with its sale to SEGA and going private transaction.
  • Represented GAN Limited in connection with the $218 million acquisition of Vincent Group p.l.c. doing business as Coolbet.
  • Represented Electro Rent Corporation, a Nasdaq-listed equipment rental company, in its $384 million sale to Platinum Equity and going-private transaction.
  • Represented National Technical Systems, Inc., a Nasdaq-listed provider of certification and testing services, in its $365 million sale to Aurora Capital Group and going-private transaction.
  • Advised Alibaba Group in a $294 million PIPE investment in AutoNavi Holdings Ltd., a Beijing-based developer of electronic navigation tools, whose American Depository Shares are traded on the Nasdaq Global Market.
  • Advised Tongjitang Chinese Medicines Company Limited, an NYSE-listed pharmaceutical company in a going-private transaction that was recognized as the "Taking Private 2011 Deal of the Year" by the China Business Law Journal.
 

 

Credentials
Education

J.D., University of Southern California, 1989

M.B.A., California State University, Fullerton, 1986

B.A., University of California, Los Angeles, 1983

Admissions

California

Honors
  • Recognized for Corporate Law, Best Lawyers, 2021-2026
  • San Diego Super Lawyer, Super Lawyers, 2012
Memberships
  • Member, Corporate Directors Forum, 2007-2008
  • Member, San Diego Corporate Finance Council, 2003-2007 
  • Program Chair, San Diego Corporate Finance Council, 2005-2007
  • Member, San Diego Telecommunications Council, 2003
Thought Leadership
  • "The SEC's focus on Corporate Governance," Grant Thornton LLP's Third Annual SEC Briefing, The Jonathan Club, Los Angeles, California, January 21, 2010
  • "China's IPO's: Getting These Deals Done in 2009 and Beyond," 2009 Hot Topics, McMillin Companies Event Center, San Diego, California, October 2009
  • "CFO Essentials," SingerLewak, San Diego, Los Angeles, Orange County, California, July 2009
  • Co-speaker, "What Ever GC Should Know About Shareholder Activism," ALM's Fifth Annual General Counsel West Coast Conference, San Francisco, California, November 15, 2007