Mark Kaufman is a member of Sutherland's Corporate Practice Group, concentrating in the areas of corporate and securities law.
Mark represents companies in a wide variety of businesses including consumer and industrial products, finance, fulfillment, health care, hospitality, insurance, payment systems, manufacturing, quick-service restaurants and textiles. Mark has extensive experience with fast-growth companies including their start-up, financing, and public offering and sale.
Mark represents public and private corporations in mergers and acquisitions and has worked on more than 50 transactions in the past several years. He is also experienced in acquiring businesses in Europe and Latin America.
Representative Experience
· Serving as lead mergers and acquisitions attorney for:
- The acquisitions by Spectrum Brands, Inc. (formerly Rayovac Corporation) of:
-- VARTA, AG, a German battery company, for approximately $250 million;
-- Remington Products Company, a U.S. shaving and grooming products company, for approximately $325 million;
-- Tetra GmbH, a German pet food company, for approximately $500 million;
-- United Industries Corporation, a U.S. and Canadian lawn, garden and pet-care products company, for approximately $1.1 billion;
-- FURminator, Inc., a worldwide provider of branded and patented deshedding products to the pet industry, for $140 million.
- The $910 million sale of Spectrum's pet-care products business (terminated prior to closing); and
- Spectrum's combination with Russell Hobbs, Inc., forming a new global consumer products company with estimated annual revenues of $3 billion.
- ING's sale of The Life Insurance Company of Georgia for approximately $250 million.
- The sale of RTM Restaurant Group, Inc. (the largest Arby's franchisee) to Triarc for approximately $727 million.
- The special committee of Cumulus Media Inc. in the proposed $1.3 billion acquisition of Cumulus by an investor group led by Cumulus' CEO and an affiliate of Merrill Lynch Global Private Equity (terminated prior to closing). Cumulus is the second-largest radio company, based on station count.
- The sale of Rio Tinto's Alcan Cable Business in the United States, Canada, Mexico and China, for $185 million (pending).
Professional Honors and Awards
· Recognized by Chambers USA: America's Leading Business Lawyers in the area of corporate mergers and acquisitions
· Recognized by The Legal 500 United States in the area of mergers, acquisitions and buyouts
· Named to The Best Lawyers in America in the areas of corporate law and mergers and acquisitions law
· Selected for inclusion in Georgia Super Lawyers®
· Named among the "Legal Elite" by Georgia Trend magazine
· Selected for inclusion in Who's Who in American Law, Who's Who Legal - Georgia, Who's Who in America and Who's Who in the World
· One of only five Georgia attorneys named to the International Who's Who of Merger and Acquisition Lawyers
Professional and Community Involvement
· Served for 20 years as legal counsel to the Atlanta Bar Association
Recent Publications
· Author, "Mergers," Business Organizations with Tax Planning, Matthew Bender & Co. (2011)
· Author, "Sales of Assets Transactions," Business Organizations with Tax Planning, Matthew Bender & Co. (2011)
· Author, "The Acquisition Agreement," Business Organizations with Tax Planning, Matthew Bender & Co. (2010)
· Author, "Legal Thoughts for Franchisors Purchasing Restaurants from Troubled Franchisees," Restaurant Finance Monitor (April 16, 2009)
· Co-author, "M&A Report," Restaurant Finance Monitor (June 19, 2008)
Industries
Consumer Products
Manufacturers
News
39 Sutherland Attorneys Named as 2012 Georgia Super Lawyers
March 2, 2012
Sutherland Attorneys, Practices Top Chambers USA 2011 Rankings
April 14, 2011
More than 40 Sutherland Attorneys Recognized as 2011 Georgia Super Lawyers
March 24, 2011
Sutherland Earns Top Chambers USA 2010 Rankings
July 7, 2010
Sutherland Represents Spectrum Brands in Merger With Russell Hobbs - Addition to Spectrum's Portfolio Creates $3 Billion Consumer Products Company
June 28, 2010
Sutherland Represents Solar Capital Ltd. in Initial Public Offering
April 28, 2010
Sutherland Attorneys Named 2010 Georgia Super Lawyers and Rising Stars
March 1, 2010
The Legal 500 United States Recognizes Sutherland
June 29, 2009
Legal Alerts
Legal Alert: Delaware Chancery Court Continues to Hold That a Material Adverse Effect Requires a Significant, Long-Term Change
October 3, 2008
Legal Alert: 9th Circuit Court of Appeals M&A Decision - Indemnification Periods Shorter than Applicable Statute of Limitations May be Subject to Attack
September 16, 2008
Legal Alert: SEC Approves Amendments Simplifying Disclosure Obligations for a Larger Number of Smaller Public Companies
January 16, 2008
Legal Alert: SEC Amends Rules 144 and 145 to Provide Increased Liquidity to Restricted Securityholders
January 14, 2008
Legal Alert: SEC Affirms Interpretation of Shareholder Proposals Rule Relating to the Election of Directors
January 2, 2008
Publications
Sales of Assets Transactions
Business Organizations with Tax Planning, Matthew Bender & Co. forthcoming - 2011
The Acquisition Agreement
Business Organizations with Tax Planning, Matthew Bender & Co. 2010
Legal Thoughts for Franchisors Purchasing Restaurants From Troubled Franchisees
April 16, 2009 Reprinted with permission Restaurant Finance Monitor
M & A Report
June 19, 2008 Reprinted with permission Restaurant Finance Monitor