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EDUCATION Harvard Law School, Cambridge, Massachusetts, J.D., magna cum laude, 1994 Princeton University, Princeton, New Jersey, A.B., 1991 ADMITTED Virginia 2004 District of Columbia 1996 Pennsylvania 1994 PLACE OF BIRTH Philadelphia, Pennsylvania |
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Robert G. Marks
Partner
1750 Tysons Boulevard
rmarks@mcguirewoods.comSuite 1800 McLean, Virginia 22102-4215 F: 703.712.5267 |
Mr. Marks has extensive experience representing private equity funds, as well as small and mid-sized companies, in complex corporate transactions, including structuring, documenting, negotiating and managing the legal aspects of mergers, acquisitions and divestitures, leveraged buyouts, recapitalizations, private placements, financings and refinancings, and private equity fund formations. He has helped clients close deals in a variety of industries including manufacturing, health care, business services, government services, retail/consumer, energy, transportation, financial services and consulting.
He has devoted a substantial portion of his time and efforts to the special interests of private equity funds at every stage of their investment cycle, including helping general partners of buyout, venture, hedge and pledge funds raise more than $3 billion in capital commitments. He has also helped people buying or selling to private equity funds, including representing management in management buyouts.
A prolific writer, Mr. Marks recently authored the book, "Securities Purchase Agreements Line by Line: A Detailed Look at Pro-Buyer and Pro-Seller Variations within a Purchase Agreement." He has written articles that have appeared in Daily Deal/The Deal, Buyouts, The M&A Advisor, Health Lawyers News and The Real Estate Finance Journal. He also publishes a quarterly newsletter with articles of interest to the private equity community.
- Recently Closed Transactions
- Purchase of solar panel installation business.
- Recapitalization of operator of heavy lift helicopters used to put out forest fires around the world.
- Roll up of franchisor franchisees in the waterproofing space.
- Sale of 50% of a general acute hospital in California.
- Sale of steel tubing company in North Carolina.
- Formation of Falfurrias Capital Partners, a private equity fund in North Carolina.
- Capital Markets
- Private Equity & Venture Capital
- Mergers & Acquisitions
- Securities & Corporate Finance
- Health Care
- Partner, Kirkland & Ellis LLP
- Associate, Wolf, Block, Schorr and Solis-Cohen LP
- "Spread the Word: Don't Ignore Confidentiality Agreements," Co-authored with Patrick Gregory, Buyouts, July 9, 2007
- “Deal Process and Terms in the Downturn” (Q&A co-authored with Stephen J. Keeler), M&A Alerts, Weekly Publication of The M&A Advisor, May 23, 2008
- "Pros and Cons of Secondary Private Equity Buyouts" (co-authored with Barton C. Walker), republished May 12, 2007 by www.altassets.com, a leading source of information for the private equity industry
- “Confidentiality Agreements – Ignore at Your Own Risk,” Private Equity Newsletter, McGuireWoods LLP, January 2007
- "Buying From Or Selling To Another Buyout Firm? Here's Some Advice" (co-authored with Barton C. Walker), Buyouts, Issue 23, November 20, 2006
- "Sandbagging and Anti Sandbagging: What Every Private Equity Fund Needs to Know," Daily Deal/The Deal, November 6, 2006
- "Sandbagging and Anti-Sandbagging: What Every Private Equity Fund Needs to Know," Private Equity Newsletter, McGuireWoods LLP, September 2006
- "Pros and Cons of Secondary Private Equity Buyouts" (co-authored with Barton C. Walker), Private Equity Newsletter, McGuireWoods LLP, May 2006
- "Weighing The Options" (co-authored with Barton C. Walker), Daily Deal/The Deal, Volume 4, Number 10, February 20-February 26, 2006
- Securities Purchase Agreements Line by Line: A Detailed Look at Pro-Buyer and Pro-Seller Variations within a Purchase Agreement (Aspatore Books - Publishers of C-Level Business Intelligence, February 28, 2006)
- "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Its Effect on Your Portfolio Companies" (co-authored with Mark Freedlander), Private Equity Newsletter, McGuireWoods LLP, August 2005
- "PE Funds Beware: New Loss Limitation Rules May Increase Administrative Burdens" (co-authored with Mark A. Opper and Robert G. McElroy), Private Equity Business and Legal Issues, McGuireWoods LLP, May 2005
- “Investing in Distressed Companies,” Buyouts, Volume 18, Number 10, May 9, 2005
- "Investing in Distressed Companies," Private Equity, Business and Legal Issues, McGuireWoods LLP, March 2005
- "Four Things Every Private Equity Fund and Borrower Should Consider and Fight for When Reviewing a Subordination Agreement," REFJ The Real Estate Finance Journal, Winter 2005
- "On Their Toes," Daily Deal/The Deal, pp. 13, January 17, 2005; reprinted as "Common Areas of Contention for First and Second Lien Lenders," Bank of America Capital Eyes, February 2005
- “FUNDamentals" (co-authored with Douglas W. Charnas and Timothy Feldhausen), Private Equity, Business and Legal Issues, McGuireWoods LLP, November 2004
- “HEALTH LAW ANALYSIS: Investing In Healthcare Entities In Today’s Private Equity Dominated Market” (co-authored with Scott Becker and Krist Werling), Health Lawyers News, Volume 8, Number 11, November 2004
- "SECOND LIEN DEBT: A Guide to Key Terms and Inter-Creditor Issues," Private Equity, Business and Legal Issues, McGuireWoods LLP, September 2004
- "GRANTING LOCKED-UP DEALS AFTER OMNICARE: What Every Private Equity Fund Should Consider to Control Its Exits," Private Equity, Business and Legal Issues, McGuireWoods LLP, August 2004
- "WARNING: Private Equity Funds Can Incur WARN Act Liability" (co-authored with Steven D. Kittrell), Private Equity, Business and Legal Issues, McGuireWoods LLP, June 2004
- "Three Things Every Private Equity Fund and Borrower Should Consider and Fight for When Reviewing a Subordination Agreement," Private Equity, Business and Legal Issues, McGuireWoods LLP, May 2004
- Moderator, "The Perspective from Private Equity Funds: The Outlooks, the Risks and the Benefits of Health Care Investing," 5th Annual Health Care Private Equity and Lending Conference, April 23, 2008
- Moderator, "Limited Partner Viewpoint: Raising a Fund in 2008," Southeast Venture Capital Conference, February 28, 2008
- Moderator, Government Contractors & Private Equity Investing Opportunities, May 22, 2007
- Speaker, 4th Annual Private Equity Investment in Health Care Conference, March 22, 2007
- Speaker, Private Equity Investment in Health Care: Key Trends & Opportunities for 2006-2007, October 2006
- Speaker, Health Care Private Equity Seminar, July 2006
- Moderator, Private Equity Opportunities in the Energy Sector, March 2006
- Speaker, Private Equity Investment in Health Care, March 2006
- Moderator, Intellectual Property: The Hidden Asset in Your Private Equity Investment, November 2005
- Speaker, The Investment Market and Private Equity View of Investing in Hospitals, ASCs, and Other Health Care Services Businesses, September 2005
- Moderator, Investing in Distressed Companies, June 2005
- Speaker, Second Lien Debt and Other Forms of Stretch Financing, March 2005
- Moderator, Finding Private Equity Opportunity in the Health Care Space, February 2005
- Speaker, Outpatient Services Market: Identifying Issues and Attractive Niche Investments, September 2004
- Adjunct Professor, Health Care Law, Widener University School of Law, Spring 1996
