Eric R. Markus
Partner
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 debtor and creditor representations in bankruptcy proceedings.
The matters on which he has counseled clients include:
- Private and public M&A transactions, including domestic and international targets
- Complex securities regulatory matters concerning Sections 13 and 16 of the Securities Exchange Act of 1934
- Negotiation and documentation of joint ventures
- Licensing transactions
- Debt financing transactions
- Bankruptcy and restructuring, with extensive experience representing debtors in Chapter 11 proceedings, representing borrowers and lenders in connection with DIP facilities, and representing buyers and sellers in Section 363 sales
Representative Experience
- Counsel to Fortune 250 multi-sector conglomerate in dozens of transactions involving in aggregate over $1 billion in proceeds
- 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
- Counsel to major hedge fund complex in connection with securities regulations and other matters
- 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 private equity fund in connection with secondary offerings of securities for proceeds totaling nearly $1 billion
- Counsel to various hedge funds and investors in connection with SEC investigations into compliance with Section 13 of Securities Exchange Act of 1934 (and related Section 16 issues)
- Counsel to business-to-business e-commerce company in connection with formation of joint venture with major defense and aerospace companies
- Debtors' counsel to Iridium Operating LLC in connection with its bankruptcy proceedings, sale of assets, adoption of liquidating Chapter 11 plan and post-confirmation matters
- Debtors’ counsel to Constar International, Inc. in connection with its bankruptcy proceedings, DIP and post-bankruptcy financing and adoption of its Chapter 11 reorganization plan
- Debtors' counsel to PSINet, Inc. in connection with its bankruptcy proceedings, section 363 asset sales, adoption of its liquidating Chapter 11 plan and post-confirmation matters
Publications
- SEC Exempts “Dribble Out” Programs and Certain Secondary Sales from Large Trader Reporting Rule (May 7, 2012)
- With Form PF Compliance Dates Quickly Approaching, Advisers Managing $150 Million or More of Private Fund Assets Should Begin to Prepare (April 17, 2012)
- Recent Ruling Allows a Shareholder Lawsuit to Proceed After a Negative Say-on-Pay Vote: Quirk or Harbinger? (October 6, 2011)
- Securities and Exchange Commission Adopts Large Trader Reporting Rule (September 7, 2011)
- Securities and Exchange Commission Adopts Final Whistleblower Rules under the Dodd-Frank Act; Internal Reporting Encouraged but Not Required (July 6, 2011)
- SEC Proposes Rules for Compensation Committees and Compensation Advisers (April 21, 2011)
- SEC Proposes New Whistleblower Rules Under the Dodd-Frank Act of 2010 (December 2, 2010)
- “Bankruptcy Trustee and Examiner Investigations,” (co-author) in Securities Law Techniques (A.A. Sommer, Jr., ed.), vol. 7, ch. 120 (Matthew Bender 2010)
- “District Court Finds Hedge Funds’ Use of Cash-Settled Total Return Swaps Constitutes Scheme to Evade Section 13(d) Reporting Requirements,” Client Alert (2008) (co-author)
- “Procedural Implications of Forfeiture under RICO, the CCE, and the Comprehensive Forfeiture Act of 1984: Reforming the Trial Structure,” Temple Law Quarterly (1986)
