Jeffrey K.
Merk
Partner
With extensive experience in a broad range of corporate finance and commercial matters, Jeffrey offers clients a practical and business-minded approach to solving legal and regulatory challenges. He is skilled at isolating what is truly important in a complex business transaction and in identifying solutions. Jeffrey takes great care in tailoring his service to each client and providing strategic and insightful judgment to effectively further their business objectives.
Jeffrey is Co-Leader of the Mergers & Acquisitions, Mining and Private Equity Groups. He is also a member of the firm's Capital Markets, Corporate, International Transactions, Life Sciences and Cannabis Groups. He practises corporate law with an emphasis on public and private financings, mergers and acquisitions, corporate governance and ongoing general corporate and commercial activities. Jeffrey’s experience includes numerous cross-border securities offerings (public and private); acting for U.S. buyers of Canadian entities or assets; acting for U.S. financiers of acquisitions in Canada; acting for Canadian sellers to U.S. buyers; and acting as Canadian counsel in connection with large, internationally led transactions. He frequently advises mining, private equity, industrial, cannabis and psychedelics clients.
Jeffrey is recognized in Chambers Canada as a top practitioner in Corporate/Commercial. He is also recognized by The Canadian Legal Lexpert Directory as a leading lawyer in the area of Corporate Mid-Market and Corporate Finance & Securities, and is included in the Lexpert Special Edition – Finance and M&A, Lexpert Special Edition – Technology and Health Sciences and Lexpert Special Edition – Mining. Jeffrey is recognized as a leading lawyer in Corporate Law and Cannabis Law by The Best Lawyers in Canada and is recommended in The Legal 500 Canada for his expertise in the practice area of Corporate and M&A.
Professional Involvement
Professional Activities
- Advisory Board Member of the International Bar Association's Professional Ethics Committee (2022-2023)
- Past Co-Chair of the International Bar Association's Professional Ethics Committee (2020–2021)
Memberships
- International Bar Association
Community Involvement
- President's Council, St. Michael's Hospital Foundation (2015–2019)
Numerous speaking engagements on equity investments, M&A transactions, and corporate and securities law matters, as well as professional ethics, cannabis and psychedelics matters, including:
Participated as a panellist on, "Ethics: Balancing Activism and Zealous Advocacy with the Boundaries of the Profession and Evolving Law," INCBA Global IP Symposium, September 29, 2023.
Participated as a co-presenter on "Psychedelics: A Complex and Changing Regulatory Landscape Focused on Scientific Research and IP Protection," Aird & Berlis LLP Webinar, January 18, 2023.
Participated as a panellist on, "Ethics: Psychedelics Lawyering," Fourth Annual Northwest Cannabis and Psychedelics Law Institute, September 24, 2022.
Participated as a co-presenter on "Respecting the Traditions: How Should Lawyers Integrate Psychedelic Ethical Systems?," Psychedelic Law Summit, September 8, 2022.
Participated as a panellist at the "Third Annual Psychedelics/Biotech Risk Management Panel," Purves Redmond Limited, June 6, 2022.
Participated as a co-presenter on "Update on Psychedelics: Science and Capital Markets," Aird & Berlis LLP Webinar, November 23, 2021.
Participated as a presenter on "The Ethics of Charging and Collecting Fees," International Bar Association Webinar, November 12, 2021.
Participated as a co-presenter on "Cannabis Sector Update: M&A, Financing, Legal Matters & More," Aird & Berlis LLP Webinar, October 28, 2021.
Participated as a co-moderator on "The Role of Professional Ethics in Shaping Law Firm Strategy," International Bar Association Webinar, February 16, 2021.
Participated as a co-presenter on "Outlook on the Canadian Mining Sector: Opportunities for Growth and Investment," Aird & Berlis LLP Webinar, February 11, 2021.
Participated as a moderator and co-presenter on “The Business of Cannabis: Investor Confidence - Reestablishing Investor Confidence: Corporate Governance,” International Cannabis Bar Association’s Cannabis Law Institute Conference, October 8, 2020.
Participated as a co-moderator on "The Science of Psychedelics: How Law & Science Support the Sector," Aird & Berlis LLP Virtual Industry Update Webinar, September 22, 2020.
Participated as a panellist for the 5th Annual Legal Ethics Training Programme by the Ghana Institute of Management and Public Administration (GIMPA), September 17, 2020.
Participated as a guest on "Episode 2: Path to Profitability: Governance, Regulation, Capital and IP," Micro-dosing with Zeifmans Podcast, August 12, 2020.
Participated as a presenter on "The Rise of the Psychedelics Sector," Aird & Berlis LLP Virtual Industry Update Webinar, June 10, 2020.
Participated as a presenter on Mayer Brown's "All Things Canada Webinar,” February 27, 2020.
Participated as a presenter on “Current Challenges and Opportunities for M&A Activity in the Cannabis Industry,” Aird & Berlis LLP Cannabis Webinar, December 5, 2019.
Moderator of a panel discussion on "Cannabis Opportunities in Columbia" at the Canada Columbia Chamber of Investment & Trade Conference, November 15, 2019.
Participated as a presenter on “The Cannabis Session” at The Toronto Family Office & High Net Worth Annual Conference, November 5, 2019.
Participated as a presenter on “International Cannabis M&A: What to Do When Canada Knocks” at the 4th Marijuana Law Conference of the Michigan Bar Association, October 26, 2019.
Participated as a co-presenter on “Ethics” at the International Cannabis Bar Association’s Cannabis Law Institute conference, October 4, 2019.
Chair of a panel that presented on "Advising or Investing: Obtaining Shares as Remuneration from Clients" at the IBA Annual Conference in Seoul, September 26, 2019.
Author of numerous articles on equity investments, M&A transactions, and corporate and securities law matters, as well as professional ethics, cannabis and psychedelics matters, including:
Co-Author, "Striking a Deal: How Earnouts Can Bridge the Gap in Mining M&A," Aird & Berlis LLP, Capital Markets Bulletin, September 4, 2025.
Co-Author, "Not So Fast: Ontario Court Weighs In on Earnout Acceleration Clauses," Aird & Berlis LLP, Capital Markets Bulletin, August 19, 2025.
Co-Author, "Closing the Value Gap Using Earnouts in Life Sciences M&A," Aird & Berlis LLP, Capital Markets Bulletin, July 3, 2025.
Co-Author, "Back to Basics: Acquisition Structures for Canadian Public and Private M&A," Aird & Berlis LLP, Capital Markets Bulletin, June 4, 2025.
Co-Author, "Bay Street Lawyers Beware: U.S. Court Finds Conflict of Interest Representing Debtor and One of its Major Shareholders in Bankruptcy Proceedings," National Insolvency Review, April 2025, Vol.42, No.2.
Co-Author, "Artificial Intelligence, Real Risks: Legal Due Diligence Issues and Purchase Agreement Provisions Aimed at Managing AI Risk in M&A Transactions," Aird & Berlis LLP, Capital Markets Bulletin, March 26, 2025.
Co-Author, "Breaking New Ground: Proposed Overhaul of Canadian Disclosure Requirements for Mining Issuers," Aird & Berlis LLP, Capital Markets Bulletin, March 18, 2025.
Co-Author, "Adding Certainty in an Uncertain World: Canadian Court Deference to ‘Reasonable’ Non-Competes in M&A Transactions," Aird & Berlis LLP, Capital Markets Bulletin, January 27, 2025.
Co-Author, "Think Canada for Global Projects and Global Expansion: Why Trade and Investment Agreements Matter for Global Investment and M&A," Aird & Berlis LLP, Capital Markets Bulletin, September 17, 2024.
Co-Author, "Understanding Materiality Scrapes in Private M&A: Definition, Function and Usage Frequency," Aird & Berlis LLP, Capital Markets Bulletin, August 6, 2024.
Co-Author, "Closing the Value Gap: Examining the Utility of Earnout Provisions in M&A Transactions," Aird & Berlis LLP, Capital Markets Bulletin, July 16, 2024.
Co-Author, "Bay Street Lawyers Beware: U.S. Court Finds Conflict of Interest Representing Debtor and One of Its Major Shareholders in Bankruptcy Proceedings," Aird & Berlis LLP Financial Services Flash, June 20, 2024.
Featured in "The New Due Diligence: Why M&A Scrutiny Is Digging Deeper (and Taking Longer) Than Ever Before," The Globe and Mail, May 15, 2024.
Co-Author, "Know the Limit, Play Within It: Restrictive Covenants in Canada," Aird & Berlis LLP, Capital Markets Bulletin, April 22, 2024.
Co-Author, "Anti-Assignment Provisions and Assignments by ‘Operation of Law’: What Do I Have to Do? What Should I Do?" Aird & Berlis LLP, Capital Markets Bulletin, March 19, 2024.
Co-Author, "Knowledge Is Power … or Is It? Knowledge’s Impact on ‘Sandbagging’ in Canadian M&A Transactions," Aird & Berlis LLP, Capital Markets Bulletin, November 20, 2023.
Co-Author, "Equity Rollovers in Inbound Canadian Cross-Border M&A," Aird & Berlis LLP, Capital Markets Bulletin, October 17, 2023.
Co-Author, “Think Canada for Global Projects and Global Expansion: Canadian Corporate and Tax Considerations for Foreign Expansion To and From Canada," Aird & Berlis LLP, Capital Markets Bulletin, July 5, 2023.
Co-Author with Sherri Altshuler, "Psychedelics: Will Policy Liberalization and Lower Barriers to Access Lead to Future Legalization?," Lexpert, October 3, 2022.
Quoted in "Why Psychedelics Are Not the Next Cannabis," Canadian Lawyer, December 9, 2021.
Co-Author with Sherri Altshuler, “Canada's Psychedelic Future: a Guide to the Evolving Legal and Regulatory Landscape and What's Next,” Lexpert, May 17, 2021.
Quoted in "Deal Frenzy Has Bay Street Staffing Up, and Some Burning Out," The Globe and Mail, April 5, 2021.
Co-Author with David Mba, "Ontario Proposes Changes to its Business Corporations Statute to Enhance Flexibility," Aird & Berlis LLP, Capital Markets Newsletter, October 13, 2020.
Quoted in "Opportunities in Canada Arising for the Medical Benefits of Certain Psychedelic Drugs," Law Times, September 14, 2020.
Co-Author with Sherri Altshuler and Danny Kharazmi, "Legal and Regulatory Landscape for Psychedelics Companies Considering Going Public in Canada," Aird & Berlis LLP, Capital Markets Newsletter, July 8, 2020.
Co-Author with Sherri Altshuler and Russell Sanders, "CSA Highlights Need for Financial Interest Disclosure in Cannabis-Related M&A Transactions and Expresses Corporate Governance Concerns of Cannabis Issuers," Securities Law Bulletin, November 19, 2019.