Mark L. Heimlich
Mark Heimlich provides clients with hands-on advice in key transactions. He has closed more than 100 mergers and acquisitions, 300 venture capital financings, 30 private equity fund formations, and many joint ventures.
Noted for his negotiating skills, Mark takes a leading, active role in virtually all aspects of every transaction. Prior to law school, Mark worked as a CPA in Deloitte Haskins & Sells' New York office. Applying his experience with Deloitte, Mark resolves road blocks while providing practical legal and business solutions.
Mark takes the initiative in learning his clients' strategies and business in order to customize a deal structure, identify key deal points, and detect and break down complex legal and deal issues. Mark increased the net sales price for a few of his clients by millions of dollars by simply structuring the working capital adjustment at the term sheet stage to exclude deferred revenue.
Mark represents companies across many different industries, with an emphasis on technology, energy, engineering, healthcare, and life sciences. His clients range from technology startups to Fortune 500 companies, as well as private equity and venture capital firms and family offices.
In addition to leading legal teams for issuers in several initial and follow-on public offerings, Mark assists publicly and privately held clients in formation and capitalization, executive compensation and employment agreements, equity incentive plans, joint ventures, and other corporate work.
Mark writes and lectures on current topics regarding fund formation, M&A, securities law, and venture capital. He has spoken in many distinguished forums, including the 3rd Annual Private Equity Conference, where he gave a CLE presentation on fund formations; lectures on M&A and Sarbanes-Oxley at the National Business Institute; and appearances at the Colorado Venture Forum and CFO Forum, where he discussed private equity developments.
"Mark provides 'very senior and experienced advice' and 'excellent responsiveness.'"
"Clients praise [Mark Heimlich's] 'keen attention to detail,' his 'superior negotiation ability' and his 'outstanding written and verbal communication ability.'"
Areas of Focus
Regularly advises Acero Capital, three private equity firms, and one family office in their acquisitions and investments (and fund formations).
Represented a Fortune 500 engineering company in its acquisition of the transportation business of another Fortune 500 company.
Represented energy-focused private equity firm in sales of seven portfolio companies to strategic and private equity buyers.
Represented Acero Capital (as the sole institutional investor) in the sale of Bitzer Mobile to Oracle.
Represented Colorado Impact Fund and its sponsors in the formation of the Rocky Mountain Region's (and Colorado's) first social impact fund.
Represented one of the two family offices that sponsored a US$600m international private equity fund.
Represented QVT Funds in their acquisition of secured convertible notes in a publicly held company (in addition to venture capital investments).
Has led several acquisitions of, and investments in, companies located in the UK, France, Spain, the Netherlands, and Brazil.