Mark Plichta

Mark T. Plichta is a partner and business lawyer with Foley & Lardner LLP. Mr. Plichta practices primarily in the areas of mergers and acquisitions, securities law, corporate governance, and other general corporate business law. He has represented corporate issuers and underwriters in various public offerings and private placements of debt, equity and equity equivalent securities.

Mr. Plichta has represented companies in numerous mergers, acquisitions and sales involving public and private companies in various industries. He regularly counsels clients regarding corporate governance matters, including in connection with securities, M&A and takeover defense matters.

He also counsels publicly held companies regarding periodic compliance and disclosure matters under federal and state securities laws. He is a member of the Transactional & Securities and International Practices, as well as the Manufacturing, Automotive, and Energy Industry Teams.

• Represented Teijin Limited in its $825 million acquisition of Continental Structural Plastics
• Represented The Manitowoc Company, Inc. in its spin-off of Manitowoc Foodservice, Inc. as an independent public company. Supervised and coordinated all aspects of the spin-off and had direct responsibility for the divestiture, corporate governance and securities aspects of the transaction, including registration under the Securities Exchange Act of 1934 and Rule 144A offerings of senior notes and second lien secured notes
• Represented Adrie Global Holdings Limited, a Chinese direct lender, in a reverse merger with DT Asia, a Nasdaq-listed SPAC
• Represented Chinese solar energy company in its majority equity investment in a Nasdaq-listed energy company based in the United States
• Represented MGIC Investment Corporation in its $1.2 billion dual tranche offering of common stock and convertible notes
• Represented Johnson Controls, Inc. in its offering of $1.1 billion of senior notes
• Represented Johnson Controls, Inc. in its public offering of $1.6 billion of senior notes
• Represented Briggs & Stratton Corporation in its public offering of $225 million of senior notes
• Represented Hanger Orthopedic Group, Inc. in its sale of $200 million of senior notes pursuant to Rule 144A and Regulation S, related exchange offer for registered notes and related tender offer for existing notes
• Represented MGIC Investment Corporation in its agreement to a $5 billion merger of equals with Radian Group Inc., as well as the later termination of the merger agreement, including the related securities filings
• Numerous other private company mergers, acquisitions, sales and joint ventures

Education :

Mr. Plichta graduated, cum laude, from Northwestern University School of Law in 1999 and received his B.B.A. in accounting from the University of Wisconsin in 1992.

Representative Matters :

• In January 2014, Dainippon Sumitomo Pharma Co., Ltd entered into an agreement with Edison Pharmaceuticals, Inc. (“Edison”) that amends the license agreement between the two companies relating to EPI-743 and EPI-589, which are therapeutic agents under development for mitochondrial disease.
• On the same date, a joint research agreement for discovery of novel candidate pharmaceutical compounds targeting cellular energy metabolism and a stock purchase agreement relating to DSP’s purchase of an equity interest in Edison were also entered into. Foley & Lardner LLP client Dainippon Sumitomo Pharma Co., Ltd. manufactures and sells pharmaceuticals, food ingredients, food additives, veterinary medicines, diagnostics, and others in Japan, China, North America, and internationally.
• The company offers various pharmaceutical products and develops and sells ingredients and additives and offers veterinary medicines for companion animals, including dogs and cats; and farm animals, such as cattle, swine, horses, and cultured fish.
• Additionally, the company develops point-of-care testing diagnostic products for infectious diseases. The company was founded in 1897 and is headquartered in Osaka, Japan. Dainippon Sumitomo Pharma Co., Ltd. operates as a subsidiary of Sumitomo Chemical Co., Ltd. Edison Pharmaceuticals is a biotechnology company based on the discovery and development of low-molecular therapeutic drugs for the treatment of Mitochondrial disease. Founded in 2006, it is headquartered in Mountain View, California, USA.
• Harley-Davidson, Inc. offered $600 million of senior unsecured notes in February 2009. The notes will be due in 2014 and bear interest at a rate of 15 percent per year.
• Davis Selected Advisers LP, a long-time investor in Harley-Davidson Inc. and the largest holder of Harley stock, and billionaire Warren Buffett’s firm Berkshire Hathaway Inc. each committed to purchase equal portions of the aggregate principal amount of the notes.