Eric R. Markus is a partner in the firm’s Corporate/Securities practice.

Eric has a broad practice that encompasses complex corporate transactions, mergers and acquisitions, securities law compliance and Exon-Florio and foreign asset control sanction matters.

The matters on which he has counseled clients include:

  • Private and public M&A transactions, including domestic and international targets
  • Complex securities regulatory matters, including Sections 13 and 16 of the Securities Exchange Act of 1934
  • Negotiation and documentation of joint ventures
  • US regulation of in-bound investment (Exon-Florio) and out-bound investment (OFAC sanctions)
  • Debt financing transactions

Representative Experience

M&A Experience

  • Counsel to international financial institution in connection with equity investment in hydropower company
  • Counsel to Fortune 250 conglomerate in dozens of transactions involving in aggregate over $1 billion in proceeds
  • Counsel to energy services company in connection with purchase of assets of bankrupt competitor
  • Counsel to M&A client in connection with successful arbitration of claims against seller of technology service business
  • Counsel to seller in connection with the sale of assets used in the business of designing and manufacturing high resolution electro optical space based systems for over $700 million
  • Counsel to major wireless telecommunications company in connection with its purchase of telecom licenses pursuant to 11 U.S.C. § 363 for nearly $1 billion

Securities and Finance Experience

  • Counsel to major hedge fund in connection with dozens of securities purchases and exchange agreements
  • Counsel to international financial institution in connection with various financing transactions
  • Counsel to international financial institution in connection with restructuring of loans to Brazilian company
  • Counsel to NYSE-listed energy company in connection with issuance of senior secured notes and various private exchange offers
  • Counsel to Nasdaq-listed energy services company in connection with various debt issuances and redemptions
  • Counsel to private equity fund in connection with various secondary offerings of securities

In-Bound and Out-Bound Investment Regulatory Experience

  • Counsel to U.S. equipment supplier in connection with various OFAC sanctions issues
  • Counsel to Canadian pension fund in connection with obtaining CFIUS clearance under Exon-Florio for investment in U.S. energy assets
  • Counsel to U.S. wind farm developer in connection with obtaining CFIUS clearance under Exon-Florio for various sales to foreign  investors
  • Counsel to a major Chinese oil engineering company on OFAC sanction issues in connection with a strategic joint venture with a major US energy construction and engineering company
  • Counsel to investment bank on Exon-Florio issues relating to restructuring of investments
  • Counsel to US mid-stream energy company in connection with obtaining CFIUS clearance under Exon-Florio for investments by off-shore sovereign wealth and pension funds
  • Regularly advise other transactional lawyers regarding Exon-Florio and OFAC sanctions matters in pending transactions

Securities Regulatory Experience

  • Counsel to major hedge fund in connection with securities regulations
  • Regularly advise various investors in connection with reporting requirements under Sections 13 and 16 of the Securities Exchange Act of 1934
  • Counsel to various investors in connection with SEC investigations into compliance with Sections 13 and 16 of Securities Exchange Act of 1934

Awards & Recognition

  • Profiled as one of the leading Mergers & Acquisitions (2012, 2014-2016)  and Renewables and Alternative Energy (2016) lawyers in the United States, The US Legal 500
  • Recognized as a part of the Deal of the Year (Restructuring) team for representation of the Inter-American Development Bank (IDB) in the Centrais Elétricas do Pará S.A. (CELPA) Judicial Recuperation Plan (Latin Lawyer, 2013)

Insights