Mark K. Googins

Mark K. Googins: Attorney with Verrill Dana LLP
  • Partner at Verrill Dana LLP (132 Attorneys)
  • One Portland Square, P.O. Box 586, Portland, ME 04112-0586
    View Mark K. Googins's office location
  • Mark has concentrated his practice in the areas of commercial finance and commercial transactions for the past 27 years. He counsels clients in mergers and acquisitions, in complex commercial negotiations, and in a wide variety of lending transactions, including equipment leasing, leveraged buyouts and sale-leasebacks.
  • Peer Reviews
    5.0/5.0
    Client Reviews
    No Reviews
  • Profile Visibility [ i ]

Biography

Mark K. Googins has concentrated his practice in the areas of commercial finance and commercial transactions for the past 35 years. He counsels clients in mergers and acquisitions, in complex commercial negotiations, and in a wide variety of lending transactions, including equipment leasing, leveraged buyouts and sale-leasebacks. Mark is the co-author of the Maine Commercial Lending Handbook (Tower Publishing 2011). He is a member of the American Bar Association, the New York State Bar Association and the Maine State Bar Association. Before joining Verrill Dana, Mark practiced at Milbank, Tweed, Hadley & McCloy in New York.

Among the more notable merger and acquisition transactions for which Mark has served as lead counsel are Legacy Supply Chain Services’ acquisition of the Supply Chain Operations Division of Vitran Corporation, the acquisition of the assets of the Hathaway Shirt Division from WARNACO on behalf of an investor group led by former Governor John R. McKernan, Jr., the sale of one of the country’s top health care consulting groups, the sale of one of the country’s leading hydropower consulting groups, the acquisition of the assets of a cellular telephone company, the development and eventual merger of the Fresh Samantha juice company, and the sale of the U.S. and Canadian electric generating assets of a Maine-based public utility.

Mark also frequently acts as local counsel in mergers and acquisitions. He has served as local counsel in the negotiation of the acquisition of a major hydroelectric facility, the acquisition of a pulp mill and related energy assets, the acquisition of a home health care business and the sale of an educational institution.

Mark also serves as primary outside legal counsel to a number of small and medium sized businesses that do not have in-house counsel. These businesses are in a wide variety of fields including manufacturing, payroll processing, trucking, garden products, scrap metal recycling, design and marketing, publishing, software, food distribution and alternative energy.

Mark also represents lenders and borrowers in commercial loan transactions. These transactions have included: representing the borrower in the acquisition of over 300,000 acres of timberland, representing the borrower in the financing for a major forest products enterprise, representing the borrower in the refinancing of an owner occupied medical office building, representing the lender in an equipment lease financing, representing the lender to a regulated public utility and representing the lender in a syndicated line of credit and term loan facility for a distributorship business. He has also negotiated numerous workout agreements, on behalf of lenders and borrowers, in the context of non-performing and troubled loans.

Mark handles complex commercial negotiations, and has negotiated environmental risk transfer agreements, marketing services agreements and interim management agreements. Mark worked closely with the Penobscot River Restoration Trust in the negotiation and implementation of the Lower Penobscot River Option Agreement, the first transaction of its kind in the U.S. The Option Agreement allowed the Trust to acquire three hydro-electric facilities on the Penobscot River as part of a complex multi-party arrangement.

Mark has also assisted Verrill Dana’s Bankruptcy Group in the sale of assets out of bankruptcy, including the sale of Jackson Brook Institute, a critical care mental health hospital, the sale of the Bangor & Aroostook Railroad and the sale of the heating oil and convenience store assets of the M.W. Sewall Company.

Honors

AV Rated by Martindale-Hubbell
Recognized in Chambers USA: America’s Leading Lawyers for Business under
Corporate/M&A as a Star Individual
Recognized by Best Lawyers as the 2018 Portland, Maine Corporate Law
Lawyer of the Year
Recognized by Best Lawyers as the 2016 Portland, Maine Banking and
Finance Law Lawyer of the Year
Recognized by Best Lawyers as the 2014 Portland, Maine Corporate Law
Lawyer of the Year
Recognized by Best Lawyers as the 2013 Portland, Maine Banking and
Finance Law Lawyer of the Year
Recognized by Best Lawyers as the 2011 Portland, Maine Mergers &
Acquisitions Lawyer of the Year
Recognized by Best Lawyers as the 2009 Maine Banking Lawyer of the
Year
Listed in The Best Lawyers in America under Banking and Finance Law,
Corporate Law, Mergers and Acquisitions Law
Recognized as a Lawdragon 3000 Leading Lawyer by Lawdragon magazine
Selected by peers for inclusion in New England Super Lawyers under
Business/Corporate, Banking and Utilities
M&A Advisor Retail Manufacturing/Distribution Sector Deal of the Year 2013
M&A Advisor International Deal of the Year 2013 (75- 100 million)

Public Service

Board of Trustees, Cheverus High School (2004-2013)
Board of Directors, Maine Center on Deafness (2005-2011)

Highlights

All of our contract work and deal negotiations by Mark Googins have been exceptional. Very skilled, smart person. I am 100% confident that we will not miss a deal point with Mr. Googins at the negotiating table.
Best Lawyers 2018 Portland, ME Corporate Law Lawyer of the Year”
AV Rated by Martindale-Hubbell
Ranked in Chambers USA: America’s Leading Lawyers for Business
Selected for inclusion in the 2017 issue of Super Lawyers & Rising Stars.
M&A Advisor International Deal of the year, 2013 (75-100 million) and M&A Advisor Sector Deal of the Year, 2013 (Retail Manufacturing/ Distribution)
Selected for inclusion in The Best Lawyers in America 2018.

Experience

Certifications and Approvals for Pittsfield Solar, Which Will Be Largest Solar Farm in Maine When It Goes Into Service
In 2017, Verrill Dana represented Cianbro Development Corp. subsidiary Pittsfield Solar, LLC in obtaining regulatory approvals for a 9.9-megawatt ground-mounted solar array to be located on 54 acres in Pittsfield, Maine.
Ecochlor Ballast Water Treatment Technology
Verrill Dana assisted Ecochlor, Inc. with the drafting and negotiation of contractual arrangements for providing its proprietary ballast water treatment system (BWTS) to new ship construction in China, as well as multi-ship retrofit contracts for U.S. and international flagged vessels that have been performed in the U.S., Asia and on the Black Sea. We advise Ecochlor on its global network for BWTS resupply and maintenance, including addressing the environmental, regulatory and commercial aspects of agency, chemical re-supply, maker’s list and distribution arrangements in locations including the U.S., Hong Kong, China, Singapore, the GCC (Gulf Cooperation Council countries), Cyprus and Greece. We also advise Ecochlor on the interpretation and application of Coast Guard, EPA, IMO and other regulatory requirements. Verrill Dana represented Ecochlor in its 2014 10M private placement capital raise.
Emera’s Acquisition of Swans Island Electric Cooperative
Verrill Dana’s energy group represented Emera in its 2017 acquisition of the Swans Island Electric Cooperative, a local utility serving two remote Maine islands. The transaction involved identifying and acquiring hundreds of assets of the Cooperative, including numerous utility easements that had been used by the Cooperative for decades. The Verrill Dana team was led by Mark Googins, Tony Calcagni and Bill Harwood.
Evergreen Wind Power III: Lease and Easement Negotiations
We represented First Wind subsidiary, Evergreen Wind Power III, LLC in lease and easement negotiations and related project agreements. We also served as local real estate counsel for financings.
Fast Action Leads to Successful Closing
A fast-growing supply chain services and logistics company called on Verrill Dana’s experienced attorneys when they needed to act fast to acquire multiple US and Canadian companies that became available due to a partial divestiture by a publicly traded company.
HeadInvest: Management Buyout
Verrill Dana represented the management group in its buyout of HeadInvest from Androscoggin Savings Bank.
Legacy Supply Chain Services: Acquisition of U.S. and Canadian Subsidiaries of Vitran, Inc.
Verrill Dana served as counsel to Legacy Supply Chain Services, the buyer/borrower, in its acquisition of certain U.S. and Canadian subsidiaries of Vitran, Inc. This deal was named the 2013 Retail Manufacturing/Distribution Sector Deal of the Year by M&A Advisor.
Multi-Disciplinary Representation in Mill Purchase and Regulatory Compliance
We represented the buyer in the acquisition of Domtar Maine LLC, which owns and operates the pulp mill in Baileyville, Maine (also known as Woodland), and continue to represent the mill in regulatory compliance matters.
Nonprofit Mergers & Acquisitions: Membership Substitution Transaction
To expand its capacity to provide patient care in an increasingly competitive marketplace, a pioneering New York-based kidney and cancer research and treatment center affiliated with another New York institution in a complex, 11-month process requiring the coordination of many attorneys and practice groups.
Oakhurst Dairy: The Natural Goodness of an Enduring Legacy
Oakhurst Dairy has been a family-owned business for three generations. When the Bennett family decided the sale of Oakhurst was best for the company’s growth and long term success, they sought Verrill Dana’s guidance to ensure the transaction honored their company, its employees and the values that have made Oakhurst a trusted brand since 1921.
Penobscot River Restoration Trust: Project Management
The Penobscot River Restoration Project is one of the largest and most creative river restoration projects in our nation’s history. Verrill Dana has partnered with the Trust and its member organizations to coordinate the complex and multi-disciplinary project, which has spanned over six years.
Purchaser Representation: 300,000 Acre Timberland Deal
We represented the purchaser in the acquisition of more than 300,000 acres of timberland in Northern Maine, including negotiation of purchase and sale agreement, entity formation, tax advice, loan representation, environmental due diligence and ongoing operational assistance.
Representation of Chapter 7 Trustee: Red Shield Acquisition, LLC
Secured approval for a 363 sale in only 26 days from our selection as Trustee’s counsel.
Sale of M.W. Sewall Co.
The collaborative efforts of the Bankruptcy Department, the Business Law Department and the Real Estate Department resulted in the successful sale of substantially all of the operating assets of M.W. Sewall and Co. The case presented a particularly complex fact pattern and required an expedited sale process in order to allow the assets to be sold while they still had value.
Sale of Otago, LLC to Xanterra Resorts
Verrill Dana represented Otago, LLC in its sale to Xanterra Resorts when time constraints required the transaction to be completed in eight weeks.
Solar Energy: Acquisition of Grid-Scale Project in Brunswick, Maine
Verrill Dana represented Diversified Communications in the acquisition of a newly built 2.5 million solar array in Brunswick, Maine.
SunEdison Massachusetts Solar Projects
In 2013, Verrill Dana represented First Wind in its acquisition and subsequent re-financing of several solar projects in Massachusetts. The projects are now supplying power to off-site users including the University of Massachusetts system.
The VIA Group, LLC
In addition to helping screen for potential intellectual property conflicts, we help Via negotiate contracts with their clients that allow the client to use the materials Via develops without stifling Via’s creativity.
Uniform Commercial Code
We successfully defended an appeal to the Law Court in case of first impression involving amendments to Article 9 of the Uniform Commercial Code dealing with “control” in the context of creditor’s self-help disposition of “deposit accounts.”

News

July 18, 2017
Tips on Tap for Breweries on the Journey from Passion to Profit
Press Releases
Tawny L. Alvarez, Charles P. Bacall, Douglas F. Britton, Kelly A. Donahue, Jonathan M. Dunitz, Mark K. Googins, William C. Knowles

July 28, 2016
Verrill Dana Partner Contributes to American Bar Association’s Commercial Lending Law, Maine Chapter
Press Releases
Mark K. Googins

October 3, 2014
Verrill Dana Announced as Finalist for the 13th Annual M&A Advisor Awards
Press Releases
Gregory S. Fryer, Mark K. Googins, Eric D. Altholz, Scott D. Anderson, Charles P. Bacall, Robert C. Brooks, Anthony M. Calcagni, Elizabeth Murdock Myers, Spencer R. Thibodeau

March 10, 2014
Verrill Dana Announced as Winner of the 6th Annual International M&A Advisor Award
Press Releases
Mark K. Googins, James C. Palmer, Eric D. Altholz, Robert C. Brooks, Gregory S. Fryer, Nathaniel R. Hull, Christopher S. Lockman, Misti D. Munster, Christopher R. Smith

January 2, 2014
Verrill Dana Part of Deal Team Announced as Winner of 12th Annual M&A Advisor Award
Press Releases
Mark K. Googins, James C. Palmer, Eric D. Altholz, Robert C. Brooks, Gregory S. Fryer, Nathaniel R. Hull, Christopher S. Lockman, Misti D. Munster, Christopher R. Smith

August 15, 2013
Six Verrill Dana Attorneys Selected as Lawyers of the Year
Press Releases
David S. Abramson, Charles P. Bacall, Gregory S. Fryer, James G. Goggin, Mark K. Googins, William S. Harwood

May 29, 2013
Verrill Dana Recognized as a Leading Firm by Chambers & Partners
Press Releases
Eric D. Altholz, Scott D. Anderson, Lisa S. Boehm, Robert C. Brooks, Juliet T. Browne, Anthony M. Calcagni, Roger A. Clement, Jr., James I. Cohen, Kimberly S. Couch, Douglas P. Currier, Gregory S. Fryer, David L. Galgay, Jr., Gregg H. Ginn, James G. Goggin, Mark K. Googins, Katie M. Gray, William S. Harwood, Nora R. Healy, Jeffrey L. Heidt, Nathaniel R. Hull, Suzanne E. Meeker, Richard G. Moon, James C. Palmer, Raymond A. Pelletier

February 25, 2013
Verrill Dana Attorneys Co-Author Chapter in American Bar Association Book
Press Releases
Mark K. Googins

September 11, 2012
Verrill Dana Attorneys Earn Lawyer of the Year Status in Seven Areas
Press Releases
Christopher J.W. Coggeshall, Gregory S. Fryer, Mark K. Googins, William C. Knowles, Suzanne E. Meeker, Michael V. Saxl

June 7, 2012
Verrill Dana Ranked Among Top Firms by Chambers & Partners
Press Releases
Eric D. Altholz, Scott D. Anderson, Lisa S. Boehm, Robert C. Brooks, Juliet T. Browne, Anthony M. Calcagni, Roger A. Clement, Jr., Christopher J.W. Coggeshall, James I. Cohen, Kimberly S. Couch, Douglas P. Currier, Gregory S. Fryer, Gregg H. Ginn, James G. Goggin, Mark K. Googins, William S. Harwood, Nora R. Healy, Jeffrey L. Heidt, Nathaniel R. Hull, Suzanne E. Meeker, Richard G. Moon, James C. Palmer, Raymond A. Pelletier, Christopher R. Smith

October 17, 2011
Definitive Guide to Maine Commercial Lending Authored by Leading Local Attorneys Christopher Devlin and Mark Googins Mark K. Googins

May 11, 2011
Six Verrill Dana Attorneys Selected for the Lawdragon 3000
Press Releases
Juliet T. Browne, Gregory S. Fryer, Gregg H. Ginn, James G. Goggin, Mark K. Googins

October 25, 2010
Mark Googins Named Best Lawyers’ 2011 Portland, Maine Mergers & Acquisitions Lawyer of the Year
Press Releases
Mark K. Googins

July 23, 2009
ABA Publishes First Edition of Commercial Lending Law, a State-by-State Guide
Press Releases
Mark K. Googins

March 5, 2009
Two Verrill Dana Attorneys Named Lawyer of the Year By Best Lawyers
Press Releases
Mark K. Googins

June 7, 2007
Boston, Portland Offices Work Together on Behalf of New Financial Services Client
Press Releases
Mark K. Googins, James C. Palmer

Publications

June 26, 2018
PODCAST - Discussions with the 2018 Mainebiz Business Leaders of the Year
Published Works
Tawny Alvarez, Mark Googins, and Gretchen Johnson

August 14, 2017
Lawyers on Tap: Risk Management Podcast Series
Published Works
Jonathan Dunitz

May 31, 2017
PODCAST - Lawyers on Tap: Tap Tips on Financing
Published Works
Mark Googins and Tawny Alvarez

December 20, 2016
Basel III and New Challenges for Lending to Commercial Developments
Published Works
Douglas Britton and Mark Googins

July 14, 2016
Commercial Lending Law, Second Edition: A Jurisdiction-by-Jurisdiction Guide to U.S. and Canadian Laws
Published Works
Mark Googins

February 22, 2013
The Law of Guaranties: A Jurisdiction-by-Jurisdiction Guide to U.S. and Canadian Law
Published Works
Mark Googins

November 15, 2012
Maine State Bar Association 2012 Year in Review: Corporate and Commercial Law
Seminar Materials
Mark Googins

July, 2011
Maine Commercial Lending Handbook
Published Works
Mark Googins

July 28, 2009
ABA Publishes First Edition of Commercial Lending Law: A State-by-State Guide.
Published Works
Mark Googins

Events

April 13, 2017
Commercial Loan Documentation Basics
Speaking Engagements
Mark K. Googins

March 31, 2017
2017 New England Brew Summit: Financing 101, How to Access Capital and Plan for Financial Success
Speaking Engagements
Mark K. Googins

March 4, 2015
Commercial Loan Documentation
Speaking Engagements
Mark K. Googins

November 15, 2012
Maine State Bar Association 2012 Year in Review
Speaking Engagements
Mark K. Googins

October 18, 2012
MaineBiz Momentum Convention
Speaking Engagements
Mark K. Googins

November 17, 2011
Maine State Bar Association 2011 Legal Year in Review
Speaking Engagements
Mark K. Googins, Christopher R. Smith

April 29, 2011
Commercial Loan Documentation Basics 2011
Speaking Engagements
Mark K. Googins

November 18, 2010
Maine State Bar Association 2010 Legal Year in Review
Speaking Engagements
Gregory S. Fryer, Mark K. Googins

Areas of Practice (10)

  • Business & Corporate
  • Commercial Lending
  • Energy
  • Maritime
  • Mergers & Acquisitions
  • International Trade & Transactions
  • Fashion & Design Law
  • Health Care Industry Group
  • North Atlantic & Arctic
  • Breweries, Distilleries & Wineries

Education & Credentials

Contact Information:
(207) 253-4406  Phone
(207) 253-4407  Fax
www.verrilldana.com/mgoogins
University Attended:
Tufts University, B.A., Political Science, 1977
Law School Attended:
New York University School of Law, J.D., 1982
Year of First admission:
1983
Admission:
1983, New York; 1984, Maine
ISLN:
906982783

Peer Reviews

  • 5.0/5.0
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Client Reviews

This attorney does not have client reviews.
Disclaimer

Portland, Maine

Contact Mark K. Googins

Required Fields

Required Fields


By clicking on the "Submit" button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Martindale and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.

You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.