Overview

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

Experience

M&A Experience

  • Counsel to Entegra Financial Corp. (Nasdaq: ENFC) in connection with its merger with First Citizens BancShares, Inc. (Nasdaq: FCNCA) for approximately $219 million
  • 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


Accolades

Honors & Recognitions

  • 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

Blog Posts

News

Education

JD, Yale Law School, 1986

MPA, Woodrow Wilson School for Public and International Affairs, Princeton University, 1986

BA, Yale University, magna cum laude, 1982

Admissions

District of Columbia

New York

Courts

US District Court, Southern District of New York

US Court of Federal Claims

US Court of Appeals, Federal Circuit

Clerkships

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