Marko S. Zatylny
PartnerMarko advises companies, investment banks and investment funds in mergers & acquisitions, corporate governance issues and capital markets transactions. He handles transactions for clients in a number of industries, including life sciences, financial services, energy/infrastructure, semiconductor/technology and retail and consumer.
- Ginkgo Bioworks in its announced agreement to combine with Zymergen Inc. in a stock-for-stock merger.
- BD, most recently in its acquisitions of Parata Systems, Venclose, Tissuemed, Velano Vascular and NAT Diagnostics.
- Eversource Energy in its acquisition of Columbia Gas of Massachusetts, for $1.1 billion.
- ProSight Global, a specialty insurance company, in its $586 million sale to investment funds affiliated with TowerBrook Capital Partners.
- LPL Financial in its joint acquisition with Macquarie of Waddell & Reed and carve-out acquisition of the wealth management business of Waddell & Reed, as well as its acquisition of Allen & Company, acquisition of Lucia Securities and other strategic transactions.
- Aquarion Water in its acquisition of New England Service Company and its pending acquisition of The Torrington Water Company
- Eversource Energy in its acquisition of Aquarion Water Company, the largest private water company in the New England region, for $1.675 billion including debt.
- Eversource Energy in various public offerings, including its recent public offerings of 17,940,000 and 6,000,000 of its common shares.
- Eversource Energy in its $650 million registered debt offering consisting of two tranches of senior unsubordinated unsecured notes.
- A consortium of hospitals in a sale transaction for a tri-gen power plant servicing the hospitals.
- MACOM Technology Solutions in its acquisitions of Applied Micro Circuits Corporation, Picometrix, Aeroflex Metelics, Triple Play Communications and Antario.
- Eversource Energy in its joint venture with Orsted AS, the global leader in offshore wind power, to develop deepwater offshore wind farms off the coast of the New England states, including in the acquisition of Deepwater Wind.
- Veolia Energy in its divestiture of certain west coast district energy assets to Enwave and its acquisition of Enovity, a building commissioning and energy services company.
- Novavax in its cross-border tender offer for the outstanding shares of Isconova, a Sweden-based publicly traded vaccine adjuvant company.
- Pfizer in its acquisition of Hospira for approximately $17 billion and its acquisition of Excaliard Pharmaceuticals.
- Wright Medical in its merger of equals with Tornier NV and with the sale of its OrthoRecon business to Hong Kong-based MicroPort Scientific Corporation.
- Veolia Energy and I Squared Capital in their joint acquisition of the Kendall Square Power Station, a 256-megawatt producer of electrical and steam energy.
- Covidien in its $2.6 billion acquisition of ev3, Inc.
- Represented clients in acquisitions of energy/utility assets and the negotiation of various power and energy contracts, including in the renewable energy sector.
- Co-author, “Delaware Court of Chancery rules on common law fraud claim following acquisition,” International Law Office Corporate Finance/M&A Newsletter (August 24, 2016)
- Co-author, “Delaware Chancery Court describes standards for attorneys' fees,” International Law Office (September 23, 2015)
- Co-author, “Implied covenant of good faith and scope of arbitration in earnout disputes,” International Law Office (May 27, 2015)
- Co-author, “Illinois court affirms single-bidder sale may satisfy Revlon duties,” International Law Office (April 15, 2015)
- Co-author, “Investing Your Way Into FERC Jurisdiction: A Warning to Compliance Officers and Company Counsel,” Bloomberg BNA’s Securities Regulation & Law Report (October 6, 2014)
- Co-author, “SEC Broadens Corporate Officer Liability Exposure By Adding Teeth to Internal Controls Certification and Disclosure Requirements,” Bloomberg BNA “Corporate Law & Accountability Report (September 26, 2014)
- Co-author, “SEC issues broker-dealer no-action letter for M&A brokers,” International Law Office (July 9, 2014)
- Co-author, “Delaware reaffirms latitude granted to informed, independent boards of directors,” International Law Office (June 4, 2014)
- Co-author,“Delaware court rejects attempt to stop accrual of statutory interest in appraisal action,” International Law Office (May 28, 2014)
- Co-author, “Cooper terminates Apollo deal,” International Law Office (March 26, 2014)
- Co-author, “Fair price can trump unfair process,” International Law Office (January 15, 2014)
- Co-author, “The basket case,” International Law Office (November 27, 2013)
- Panelist, “From the Boardroom: Considerations in Option to Purchase Deals,” Ropes & Gray Life Sciences Roundtable, San Francisco, January 12, 2014
- JD, Harvard Law School, 2002
- BS (Accounting), magna cum laude, Brigham Young University, 1998
Admissions / Qualifications
- Massachusetts, 2002
- LMG Life Sciences: “Life Sciences Star” (2022)
- Chambers USA: America's Leading Lawyers for Business (2022)
- BTI Client Service All-Star (2022)
- LMG Life Sciences Stars (2016)
- Legal 500 (2016)
- “Dealmaker of the Week” The American Lawyer (2015)
- IFLR 1000 (2014-2023)
- “Dealmaker of the Week” The American Lawyer (2012)