Mark E. Thierfelder

mark-thierfelder

Mark E. Thierfelder

Partner

New York | Three Bryant Park, 1095 Avenue of the Americas, New York, NY, United States of America 10036-6797
+1 212 698 3804 | +1 212 698 3599


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Mark E. Thierfelder is chair of the firm's corporate and securities group and chair of the global private equity practice. He concentrates his practice on private equity transactions and domestic and international mergers and acquisitions throughout North America, Europe and Asia. In particular, Mr. Thierfelder represents leading private equity funds and their portfolio companies in a full range of corporate transactions, including mergers and acquisitions, recapitalizations, leveraged financings, restructurings, and reorganizations. In addition, he negotiates, structures, and executes corporate transactions on behalf of strategic buyers and sellers, and has significant experience representing banks and other institutional lenders in leveraged financings and restructurings.

Over the course of his 25+ year career, Mr. Thierfelder has acted on some of the most significant transactions in the market. In fact, he played a lead role advising on the largest private equity exit in 2019, according to Bloomberg. He also advised on two of the largest private equity-backed acquisitions globally in the past three years, according to Refinitiv, including his representation of GIC on the acquisition by a Blackstone-led consortium of a majority stake in Thomson Reuters’ Financial & Risk business at an overall valuation of US$20 billion, and his representation of SK hynix as part of a consortium on the US$18 billion acquisition of Toshiba Corporation’s NAND flash memory and solid-state drive business. 

Mr. Thierfelder is consistently recommended by legal directory Chambers USA, where he is listed as a leading lawyer for Corporate/M&A in New York and Nationwide Private Equity Buyouts. In recent editions of Chambers, he has been described as “a businessperson's attorney,” who “has a great sense of deal dynamics and what's really going on,” is “very knowledgeable and understands the nuances involved in everything he handles” and “gets the best deal possible.” Clients have noted he is a “go-to for high-level advice on complex M&A matters" and is "a trusted partner to help navigate not only legal issues, but also business issues that arise during every negotiation." Clients have also commended him as “a fantastic leader” and “one of the most sophisticated lawyers” who “possesses a command of the entire deal process, has great commercial awareness and a good temperament for negotiating with the other side.” Furthermore, he is also recognized as a leading lawyer by Chambers Global for Corporate M&A (International & Cross-Border) transactions in the United States. Mr. Thierfelder has also been listed as a top private equity and/or mergers and acquisitions lawyer for the past 12 years by The Legal 500 (U.S.), which singled him out as an “outstanding business lawyer,” “exceptional strategist” and a “recognized expert in private equity transactions.” The Legal 500 (U.S.) has likewise stated that he does a “stellar job” with “very good commercial sense” and that clients “value his advice and his commitment greatly.” In addition, Mr. Thierfelder is recognized by the IFLR1000, where he is one of only 15 lawyers in the United States named a Market Leader for Private Equity and one of approximately 40 lawyers named a Market Leader for M&A.

He is also a frequent speaker and author on mergers and acquisitions and other corporate and securities topics. He has been featured in CNBC and Bloomberg Markets as well as published in The American Lawyer, The Deal Pipeline, New York Law Journal, Mergers & Acquisitions magazine, Investment Dealers’ Digest, Law360, Private Equity Online and other prominent media outlets. In addition, Mr. Thierfelder was selected to attend the Harvard Law School Leadership in Law Firms conference, a six-day intensive program for senior law firm leaders around the world to develop perspectives and skills necessary to be effective law firm leaders.

Mr. Thierfelder has extensive industry experience representing clients in sectors including technology, consumer products, defense, energy, infrastructure, retail, media and communications, healthcare, restaurants, life sciences, fishing, semiconductors, software, manufacturing, financial services and food and beverage. As a result, he can anticipate and address industry-unique issues that often arise in the transaction process and structure the transactions efficiently.

Experience
  • Bregal Partners L.P. on its investment in American Seafoods Group, LLC and its affiliates, the largest harvester of wild-caught fish for human consumption in the United States, as part of a broader deleveraging recapitalization.
  • Bregal Partners L.P. on the acquisition of US Community Behavioral LLC as a platform to create a national provider in community-based behavioral health followed by the acquisition of ReMed Recovery Care Centers LLC, a provider of brain injury rehabilitation services.
  • Bregal Partners L.P. on the formation of Aqua Terra Water Management, L.P., an acquisition and organic growth platform providing water management and disposal services to onshore oilfield customers in North America, and numerous acquisitions of saltwater disposal facilities and related assets throughout the United States and Canada.
  • Centre Partners Management on the sale of U.S. Retirement Partners, Inc. (USRP), a provider of K-12 employee benefits and retirement planning services, to Kohlberg & Company.
  • Centre Partners Management on the sale of Monte Nido, a provider of treatment for eating disorders and exercise addiction to adults and adolescents, to Levine Leichtman Capital Partners.
  • Centre Partners Management on the acquisition of Captain D’s, a fast casual seafood restaurant chain, from Sun Capital Partners, and the subsequent sale of Captain D’s to Sentinel Capital Partners. 
  • Cerberus Capital Management on the sale of The Netherlands-based Covis Pharma BV, a global specialty pharmaceutical company, to funds managed by affiliates of Apollo Global Management.
  • Cerberus Capital Management and PaxVax on the sale of PaxVax, a company focused on specialty vaccines that protect against existing and emerging infectious diseases, to Emergent BioSolutions Inc. for US$270 million.
  • Cerberus Capital Management on the sale of real estate interests of nine acute care hospitals operated by Steward Health Care System LLC to Medical Properties Trust, Inc. and a related equity investment for US$1.25 billion.
  • Further Global Capital Management on its cross-border, take-private acquisition of the entire issued share capital of GBGI Limited, a Guernsey domiciled AIM-listed insurance company.
  • Further Global Capital Management on its acquisition of U.S.-headquartered Payment Alliance International (PAI), the nation’s largest privately-held ATM provider.
  • GIC, the sovereign wealth fund of Singapore, as part of a consortium led by Blackstone that includes GIC and Canada Pension Plan Investment Board on a partnership agreement with Thomson Reuters for Refinitiv (f/k/a Thomson Reuters’ Financial & Risk (F&R) business) at an overall valuation of US$20 billion, which, according to Refinitiv, is the second largest private equity-backed acquisition in the past three years (at the time it announced). 
  • GIC on the proposed US$27 billion sale of Refinitiv by a consortium (consisting of Blackstone, an affiliate of GIC, Canada Pension Plan Investment Board and Thomson Reuters) to London Stock Exchange Group plc, representing the largest PE exit in 2019, according to Bloomberg
  • GIC on the merger of Ultimate Software and Kronos Incorporated for an enterprise value of US$22 billion.
  • GIC as part of a Hellman & Friedman-led investor consortium (including GIC, Blackstone, Canada Pension Plan Investment Board, JMI Equity and other investors) on the US$11 billion take-private acquisition of Nasdaq-listed Ultimate Software.
  • GIC as part of an investor consortium led by Leonard Green & Partners and Ares Management on the acquisition of Press Ganey from EQT Partners.
  • GIC on its acquisition of a substantial equity stake (along with Silver Lake) in Ancestry.com, a provider of online family history data and personal DNA testing, and the subsequent pending sale by the investor consortium of Ancestry.com to Blackstone for US$4.7 billion.
  • NOVADAQ Technologies Inc. on its US$701 million acquisition by Stryker Corporation (NYSE:SYK), one of the world's leading medical technology companies.
  • Public Pension Capital (PPC) on its acquisition of Viteos Fund Services, a leading provider of middle- and back-office technology and services for the investment management industry, which was recognized as one of India Business Law Journal’s “Deal of the Year” in 2017. Subsequently advised Viteos and its sponsors on its sale to Intertrust N.V.
  • Quilvest and its portfolio company, Command Alkon, a supplier collaboration platform for construction’s heavy work, on its sale to private equity firm Thoma Bravo.
  • Quilvest on the acquisition of UK-based Phaidon International, a global micro-specialist recruitment firm.
  • Quilvest on the acquisition of approximately 55% of the equity interests in American Franchise Capital (AFC), which operates as a significant and leading franchisee of Applebee’s and YUM! Brands restaurants.
  • SK hynix, Inc. as a member of the consortium, on the US$18 billion acquisition of Japan-based Toshiba Corporation’s NAND flash memory and solid-state drive business, which, according to Thomson Reuters, is the fourth largest private equity-backed M&A transaction since the financial crisis (at the time it was announced). The transaction was named “M&A Deal of the Year for North Asia" at The Asian Lawyer's Asia Legal Awards 2018. It was also named "Japan Deal of the Year," "M&A Deal of the Year (Premium)," and "Technology, Media and Telecommunications Deal of the Year" at Asian Legal Business's ALB Japan Law Awards 2018.
Education
  • Rutgers School of Law - Newark, J.D., 1992, with Honors, Order of the Coif
  • Duke University, B.A., 1986
Admissions
  • New York
Memberships
  • Trustee, McCarter Theatre, Princeton, NJ
  • Member, Advisory Board, The Kenan Institute for Ethics at Duke University, Durham, North Carolina
  • Trustee, Chair of Institutional Advancement, Executive Committee, National Humanities Center, Research Triangle Park, North Carolina
  • Co-Chair, Lawrenceville Parents Fund, The Lawrenceville School, Lawrenceville, New Jersey
  • Former Treasurer, Chair of Finance Committee, Executive Committee, Princeton Day School, Princeton, New Jersey
  • Former Member, Advisory Committee, The Deal
  • Former Member, Corporation Law Committee, New York City Bar Association
  • Former Member, Private Equity Editorial Advisory Board, Law360
Speaking Engagements

Featured/Published

Speaking Engagements

  • FDI Impact on International Dealmaking Resulting from the COVID-19 Pandemic, Practising Law Institute (June 25, 2020)
  • Private Equity Future-Proofing, Markets Group’s Third Annual Private Equity US Fall Forum — San Francisco, CA (October 29, 2019)
  • Global Private Equity Investing, Markets Group’s 8th Annual Private Equity US Spring Forum — New York, NY (May 6, 2019)
  • Large Cap PE: Creative Capital Deployment Practices in Today's Economically Uncertain Environment with High Valuations, Wharton Private Equity & Venture Capital 2017 Conference — New York, NY (January 20, 2017)
  • Working Capital Adjustments – Eliminating the GuessworkPractising Law Institute — New York, NY (February 3, 2016)
  • Middle Market Private Equity: Finding Value in a Seller’s Market, Wharton Private Equity & Venture Capital 2016 Conference — Philadelphia, PA (January 29, 2016)
  • Success Strategies In The Expanding World Of Middle-Market Private Equity, Wharton Private Equity & Venture Capital 2015 Conference — Philadelphia, PA (January 30, 2015)