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 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

Education
BA, Yale University, magna cum laude, 1982

• A NEW YEAR’S TALE OF CAUTION – OFAC Settlement Highlights Risks for Those Dealing in Digital Currencies

  By Eric Markus |January 2021

• SEC Exempts “Dribble Out” Programs and Certain Secondary Sales from Large Trader Reporting Rule
• AK Migration: SEC Proposes New Whistleblower Rules Under the Dodd-Frank Act of 2010
• With Form PF Compliance Dates Quickly Approaching, Advisers Managing $150 Million or More of Private Fund Assets Should Begin to Prepare
• SEC Throws a Change-up in Conflict Minerals Rule Compliance
• DC Circuit Finds Buyers in Transactions Under Exon-Florio Review Are Entitled to Due Process Protections
• Second Circuit Holds that Two Series of Common Stock Are Not Matchable Under the Short-Swing Profit Rule
• PCAOB Adopts New Auditing Standard Regarding Related Party Transactions and Amends Other Auditing Standards
• AK Migration: SEC Proposes Rules for Compensation Committees and Compensation Advisers
• AK Migration: Securities and Exchange Commission Adopts Final Whistleblower Rules under the Dodd-Frank Act; Internal Reporting Encouraged but Not Required
• SEC Provides Limited Business Broker Registration Relief for Private Company M&A Transactions
• SEC Charges Public Companies and Insiders with Violating Stock Ownership Reporting Requirements
• U.S. Implements Limited Sanctions Relief with Respect to Iran; Obligation to Report Iran-Related Transactions under U.S. Securities Laws Remains
• Federal Court Affirms Broad, Largely Unreviewable Presidential Powers to Force Divestment of Foreign Investments in U.S. Businesses
• The Conflict Minerals Rule: Important Recent Developments
• D.C. District Court Upholds Dodd-Frank Conflict Minerals Rule
• AK Migration: Recent Ruling Allows a Shareholder Lawsuit to Proceed After a Negative Say-on-Pay Vote: Quirk or Harbinger?
• AK Migration: Securities and Exchange Commission Adopts Large Trader Reporting Rule
• SEC Adopts Dodd-Frank Conflict Minerals Rule
• United States Adds to Economic Sanctions against Russia Relating to the Conflict in Ukraine
• Delaware Chancery Court Finds Reverse Triangular Merger Under Delaware Law Does Not Effect an Assignment of Rights of the Surviving Corporation, Pratt's Journal of Bankruptcy Law
• SEC Issues Partial Stay of Conflict Minerals Rule
• Conflict Minerals Rule Update: Court Denies Request for Stay
• SEC Charges Investors Participating in Going Private Transactions with Violating Beneficial Ownership Reporting Requirements
• SEC Provides Guidance on Dodd-Frank Conflict Minerals Rule
• Venezuela: What New US Sanctions Mean, Latinvex
• Expert Analysis: Another Rollback In US-Cuba Financial Relations, Law360
• Treasury Department Issues Final Rule on Beneficial Ownership Reporting Requirements Under the Corporate Transparency Act, The Journal of Federal Agency Action, Volume 1, No. 2