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.
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Biography

Mark K. Googins has concentrated his practice in the areas of commercial finance and commercial transactions for the past 34 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 (with Chris Devlin) 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 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 byBest Lawyers as the 2018 Portland, Maine Corporate Law
Lawyer of the Year
Recognized byBest Lawyers as the 2016 Portland, Maine Banking and
Finance Law Lawyer of the Year
Recognized byBest 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 2016 Portland, ME Banking and Finance 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.

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

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.

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 21, 2012

Verrill Dana Announces New Maritime Practice Group

Press Releases

Harlan M. Doliner, Benjamin E. Ford, James G. Goggin, Mark K. Googins, William J. Shannon

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

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

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.
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