Eric Marr assists clients with securities law compliance, mergers and acquisitions of public and private companies, and corporate governance.
Before joining the firm, Eric served as judicial clerk to Vice Chancellor Leo E. Strine, Jr. of the Delaware Court of Chancery, now Chief Justice of the Delaware Supreme Court.
Eric has worked with numerous public and private companies both large and small. For public companies, he has assisted clients in understanding and complying with Securities and Exchange Commission reporting demands, both in the normal course and with respect to extraordinary events including acquisitions and dispositions of assets, entering into or amending substantial financing arrangements, and raising debt or equity capital, both directly and in connection with shelf registration statements. He has also helping on putting such shelf registration statements in place. He has helped structure transactions that involve the sale of a variety of securities including common or preferred stock, the sale of warrants, the sale of convertible notes, and units including a combination thereof.
Eric has also assisted in the reorganization or restructuring efforts of several public companies, as they try to better align their subsidiaries with their corporate vision, and the related transfers of securities and other assets that these restructurings involve. In connection with these efforts, Eric has assisted clients in the use of the Pennsylvania’s corporate division procedures on more than one occasion, a process not available in many other jurisdictions.
Eric has represented both Buyers and Sellers and has assisted in asset sales and purchases and stock transactions. He has helped clients sell business lines or sell the company itself or a subsidiary, buy assets out of bankruptcy, buy real estate, and buy companies. He has worked on transactions involving various regulated industries, such as the education, insurance, banking and health care industries. He has helped individuals form, join and depart smaller companies. He has helped structure transactions that involve the sale of preferred stock or the formation of joint venture entities.
The primary contacts for the clients involved in these transactions have a wide variety of sophistication ranging from startup company participants with business, but little legal experience, to executives of private equity and venture capital funds and experienced general counsel with extensive experience. In addition, the wide variety in the size of the transactions has affect the size of the team of attorneys on both sides, depending on the complexity of the transaction, whether regulatory or anti-trust concerns are implicated, and whether tax, environmental, employee benefit or other specialists need to be involved and to what extent. As a result, Eric has served as everything from the principal drafter and negotiator of the relevant documentation, to counselor regarding the legal implications of certain positions, to an advisor on the strength or weakness of proposed contractual positions or concessions, to a facilitator, coordinating and managing the involvement of various specialists whose views will drive the transaction for a period of time. Eric’s ability to participate in transactions on several levels allows him to tailor his participation to the client’s needs in each case.
For both public and private companies, even at the start up level, Eric has assisted clients with various fundamental corporate documents including drafting governing documents for various entity forms, including partnerships, limited liability companies and corporations, both in Pennsylvania and Delaware, drafting and providing counseling with respect to the amendment of such documents, and otherwise counseling clients with respect to the implications of those documents, including, for example, the consequences of advanced notice provisions in potential takeover situations, the consequences of withdrawal by members or partners in smaller companies and the explicit or implicit fiduciary duties that are applicable to directors, members or partners in certain circumstances. Eric has also assisted with drafting the terms of preferred stock, rights of first refusal, voting agreements, co-sale agreements and similar documents that can affect the governance of a Company.
- University of Pennsylvania Law School, J.D., 2004, magna cum laude, Order of the Coif, University of Pennsylvania Law Review
- Haverford College, B.A., 1991
- American Bar Association
- Delaware State Bar Assocation
- Pennsylvania Bar Association