Lawyers / Professionals

 
Mark A. Kromkowski       
Partner
77 West Wacker Drive
Suite 4100
Chicago, Illinois 60601-1818
T: 312.849.8170
F: 312.698.4548
mkromkowski@mcguirewoods.com
 

Mr. Kromkowski has represented investment funds and portfolio companies in all types of private equity and corporate transactions from venture to mezzanine to buyout transactions. He also has extensive experience counseling fund managers in all aspects of fund formation and administration.

He has developed a substantial practice in the areas of complex financings, mergers and acquisitions, and general corporate representation for private and public companies.

Additionally, he is among a small group of lawyers in the United States who have significant transactional and regulatory experience with small business investment companies (SBIC Funds).


Representative Matters
  • Represented more than 100 venture capital, mezzanine, buyout, and real estate private equity funds in their formation, fundraising and administration.
  • Provided regulatory guidance with respect to portfolio company investments and related issues to numerous regulated private equity funds including SBIC Funds.
  • Represented institutional trust and fund administrator in its best practices review.
  • Represented multiple regional and national banks in connection with leverage lines of credit for middle-market mezzanine and buyout funds.
  • Provide SBIC regulatory advice to introduction of TIGRcub securities fund.
  • Represented private equity fund in multiple add-on acquisitions of plastics molds and related equipment and product.
  • Represented private equity fund in investment in a provider of communications equipment and services.
  • Represented private equity fund in investment in a provider of voice over Internet protocol (VOIP) systems.
  • Represented private equity fund in investment in a provider of equipment to motion picture industry.
  • Represented private equity fund in investment in a voice over Internet protocol (VOIP) system and service company.
  • Represented mezzanine fund in investment in a market research service company.
  • Represented private equity fund in recapitalization of an integrated clinical research and knowledge development company specializing in neuropsychiatric and related disorders.
  • Represented private equity fund in acquisition of on-site data and publishing services.
  • Represented private equity fund in acquisition of minority interest in dining and entertainment restaurant chain.
  • Represented private equity manager in acquisition of controlling interest in a provider of massage therapy and related products business.
  • Represented niche software publishing company in its sale to private equity fund.
  • Represented catering and food products business in the sale of its family owned business.
  • Represented lumber company in multiple acquisitions of regional lumber businesses and related real estate holdings.
  • Represented fundless sponsor in its acquisition (with multiple private equity and mezzanine funds) of a manufacturer of radio remote controls for cranes, locomotives, material handling equipment, and heavy machinery.
  • Represented bank in its integration of newly acquired regional bank.
  • Formed subsidiary investment fund of Hercules Technology Growth Capital (NASDAQ: HTGC), a publicly traded business development company.
  • Represented private equity fund in investment in Unitive /Amkor Technology (NASDAQ: AMKR) a provider of semiconductor packaging and related materials and services.
  • Represented shareholders of Bacus Laboratories, Inc. in sale of stock to Olympus America, Inc., a wholly owned subsidiary of the Olympus (Tokyo Stock Exchange) in a multimillion-dollar transaction. Bacus Laboratories is the leader in virtual microscope technology and in microscope software for clinical laboratory applications.
  • Represented consulting and actuarial services business in sale to Watson Wyatt Worldwide (NYSE: WW).
  • Represented Unilever USA (NYSE: UN) in its sale of Iberia Foods, a Hispanic-branded food products business.

Practices & Industries
Honors
  • AV Rated, Martindale-Hubbell (Highest Rating)
  • Named an Illinois Super Lawyer "Rising Star," Law & Politics, 2010

Previous Experience
  • Partner, Wildman Harrold Allen & Dixon, LLP, Chicago, Illinois
  • Associate, McBride Baker & Coles (now Holland & Knight), Chicago, Illinois

Publications
  • "SBIC Funds Back in Vogue," September 11, 2009
  • "FDIC to Provide Guidance on Private Equity Bank Investment," June 3, 2009
  • "SBA Implements Recovery Act Changes for SBIC Funds," June 2, 2009
  • "SBA Expands Access to SBIC Leverage," June 2, 2009
  • "SBIC Limited Partners' Recertification Notice," May 14, 2009
  • "10.11.3.c: BDCs - SBIC Licensing Guideline," VC Experts, Inc., April 7, 2009
  • "SBA Investment Division Issues New Guidelines Concerning SBIC Debenture License Applicants Structured as a Business Development Company or as a BDC Subsidiary," March 20, 2009
  • "10.11.3.a: BDCs Eligible Portfolio Companies Expanded to Include Certain Listed Securities," VC Experts, Inc., March 2, 2009
  • "Is Your Private Equity Funds Becoming a Section 6(a) Hedge Fund? A Review of the Proposed Hedge Fund Transparency Act," February 17, 2008
  • "2008 Fiscal Year End Numbers Indicate Growth among Debenture SBICs," October 22, 2008
  • Quoted, "Are the Markets Ready for Realistic Prices on Mortgage Debt?" Accounting and Compliance Featured Article, Thompson/Reuters, Volume 2, No. 164, August 22, 2008
  • "BDCs Eligible Portfolio Companies Expanded to Include Certain Listed Securities," July 7, 2008
  • "Illinois Teachers Expands Allocation to Private Equity Asset Class, June 30, 2008
  • Private Equity Client Bulletin, "The Developing Debate on Sovereign Wealth Funds," April 2008
  • Private Equity Client Bulletin, "Joint Bidding by Private Equity Funds Found Not to Violate Sherman Act," February 2008
  • Private Equity Client Bulletin, "Tax Changes for Private Equity Fund Introduced in U.S. Senate," June 2007
  • Private Equity Client Bulletin, "Second Shoe Drops on Private Equity," June 2007
  • Private Equity Client Bulletin, "SBIC Licensees Required to Recertify Institutional Investor Status," June 2007
  • Private Equity Client Bulletin, "Proposed Changes in the Tax Treatment of Carried Interest," April 2007
  • Private Equity Client Bulletin, "Private Equity industry Guidelines Group (PEIGG) Revised Valuation Guidelines," April 2007
  • Private Equity Client Bulletin, "Comment Period Closed on SEC Proposed Revisions to Accredited Investor Standard," March 2007
  • Private Equity Client Bulletin, "Illinois Private Equity Funds Applaud Ruling: Illinois Sudan Act Ruled Unconstitutional," March 2007
  • "The Collateral Order Doctrine as Applied to Discovery Request - The Third Circuit's Kelly v. Ford Motor Co.," (In re Ford Motor Co.), 73 Notre Dame L. Rev. 1119, 1998

Speaking Engagements
  • Interview with Mark Kromkowski, Private Equity Partner at McGuireWoods LLP, VC Experts, Inc., August 26, 2009
  • Speaker, "Buying and Selling Partnerships, LLCs and Other Similar Entities," Lorman Education Services, August 13, 2009
  • Moderator, "Due Diligence in Private Equity Transaction," A Discussion with John Schmidt and William Spizman, Managing Directors, RSM McGladrey, Spring 2009 Private Equity - Litigation and Bankruptcy Webinar Series, April 16, 2009
  • Moderator, "Portfolio Company Turnarounds," A Discussion with Carl Lane, Managing Director of AlixPartners, LLP, Spring 2009 Private Equity - Litigation and Bankruptcy Webinar Series, April 15, 2009
  • Speaker, "The Archway Cookies Case," A Roundtable Discussion with Ed Brooks, Spring 2009 Private Equity - Litigation and Bankruptcy Webinar Series, April 14, 2009
  • Co-Chairman, Private Equity Fund Formation and Fundraising 2009, Charlotte, North Carolina, March 4, 2009
  • Moderator, "McGuireWoods' 6th Annual Health Care and Life Science Private Equity & Finance Conference: A Shelter in the Storm?" February 26, 2009
  • Speaker, "Doing Middle Market Deals in a Troubled Economy," A Discussion with Robert Baltimore, Harris Williams & Company, Winter 2008 Private Equity Webinar Series, December 9, 2008
  • Moderator, "NASBIC - The First 100 Days of a New Administration," A Discussion with Brett Palmer, President of the National Association of Small Business Investment Companies (NASBIC) and Hollis A. Huels, 2009 Chairperson of NASBIC, Winter 2008 Private Equity Webinar Series, November 21, 2008
  • Moderator, "Health Care and Private Equity - Crossroads and Crosshairs?" A Discussion with Brian Scullion, William Blair & Company, Joseph Ibrahim, The Riverside Group and Keith Koeneman, Kingsman Capital, Winter 2008 Private Equity Webinar Series, November 20, 2008
  • Moderator, "Private Equity Secondary Purchases," A Discussion with Chuck Stetson and Gunner Fremuth, The PEI Funds, Winter 2008 Private Equity Webinar Series, November 19, 2008
  • Moderator, "Private Equity Fundraising: Current Market Trends," with Mark O'Hare, PREQIN - Private Equity Intelligence, Ltd., Fall 2008 Private Equity Webinar Series, September 5, 2008
  • Moderator, "First Time SBIC Funds: A Guide to the SBIC Licensing Process," Fall 2008 Private Equity Webinar Series, September 4, 2008
  • Moderator, "The State of the SBIC Program," with Lee Mercer, President of National Association of Small Business Investment Companies (NASBIC), and Steve Vivian, 2008 Chairman of NASBIC and Partner, Prism Capital, Fall 2008 Private Equity Webinar Series (SBIC Series), September 3, 2008
  • Moderator, "Review of Market Conditions & Deal Trends," Summer 2008 Private Equity Webinar Series, August 12, 2008
  • Speaker, The Debenture Summit, NASBIC Annual Meeting, October 2006
  • Speaker, "Members, Managers, and Principals: Allocating Carried Interest and Other Compensation," 2005 Atlanta Venture Forum Spring Venture Conference and SORASBIC Meeting

Professional Affiliations
  • Institutional Investors Committee, American Bar Association (ABA)
  • Association for Corporate Growth (ACG)
  • National Association of Small Business Investment Companies (NASBIC)
  • Illinois Venture Capital Association (IVCA)
  • Founder and Past President, Irish Forum, 1998-Present
  • Sponsor, Midwest Private Equity Conference/MWRASBIC
  • Sponsor, Southern Private Equity Conference/SORASBIC
 

EDUCATION

University of Notre Dame Law School, South Bend, Indiana, J.D., 1998

  • Executive Editor, Notre Dame Law Review, 1997-1998

University of Notre Dame, South Bend, Indiana, B.A., cum laude, 1992

  • Great Books Program of Liberal Studies
 
 

ADMITTED

Illinois 1998

 

PLACE OF BIRTH

South Bend, Indiana