Marko S. Zatylny
Marko focuses his practice on advising public and private 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 and retail and consumer. His clients include companies such as Becton, Dickinson and Company (BD), Eversource Energy, IQVIA, LPL Financial, MACOM Technology Solutions, Pfizer, Veolia Energy and Verastem. Marko is co-chair of the firm’s energy/infrastructure group. In April 2012 and February 2015, Marko was named “Deal Maker of the Week” by The American Lawyer.
- BD, most recently in its divestiture of its advanced bioprocessing business to ThermoFisher its sterile injectable business to Fresenius Kabi, its vertebral augmentation business to Stryker and its Discovery Labware business to Corning, and its acquisitions of Alverix, GenCell Biosystems and CRISI Medical Systems.
- Eversource Energy in various public offerings, including its recent public offering of 17,940,000 of its common shares with an associated forward sale contract.
- A consortium of hospitals in a sale transaction for a tri-gen power plant servicing the hospitals.
- 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.
- LPL Financial, the nation's largest independent broker-dealer,in its acquisition of Allen & Company.
- 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.
- The lead underwriters in the $214 million IPO for Multi Packaging Solutions International.
- DAVIDsTEA, Inc., a retailer of loose-leaf teas, pre-packaged teas, and tea-related gifts and accessories, in its $96 million IPO.
- The lead underwriters in the $1 billion follow-on offering for HD Supply Holdings.
- The lead underwriters in the initial public offering of Cerulean Pharma.
- The lead underwriters in multiple follow-on offerings of Insmed Incorporated.
- The lead underwriters in the initial public offering and subsequent follow-on offerings of Bloomin’ Brands,one of the largest casual dining restaurant companies in the world.
- LPL Financial, the nation's largest independent broker-dealer,in its $522 million initial public offering and subsequent follow on offerings. Also represented LPL Financial in its acquisition of Concord Wealth Management.
- 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