Mark Bergman is highly rated by sources who credit him with deep knowledge of corporate governance issues, risk management and compliance.
Mark Bergman serves as the head of the global capital markets and securities practice group and is resident in our London office. Mark joined Paul, Weiss in 1982 and was elected to partnership effective 1 January 1991. In the early 1990s, he was the resident US corporate partner in the firm’s Paris office.
Mark has extensive experience in corporate finance and securities transactions. Offerings in which he has been involved range from traditional offerings of equity and debt securities (including high-yield debt and investment grade Yankee bonds) to offerings of perpetual and long-dated hybrid securities for financial institutions. Mark has been involved in global capital markets transactions and other securities offerings for issuers in several countries across Europe, Asia and Africa, and in the USA. He has represented issuers listing securities on stock exchanges in the USA, the EU, Switzerland, South Africa and Hong Kong. For issuers of high-yield debt, in addition to offerings, he has been involved in restructurings, refinancings and other liability management transactions.
Mark advises a range of listed companies in connection with reporting and other obligations under the securities laws; establishment of corporate compliance programmes; compliance with corporate governance standards under the securities laws and stock exchange rules; and risk oversight and risk management matters. He has advised companies in connection with the SEC and other US regulatory investigations, and stock exchange proceedings.
In the cross-border M&A arena, Mark has been involved in cross-border tender offers, exchange offers and going private transactions. He has also acted for sponsors in connection with leveraged acquisitions.
Mark has represented various companies (financial institutions and corporate clients that are not in the financial sector) in raising capital and restructuring balance sheets in the context of adverse economic and financial market conditions, including advising on negotiated investments, “rescue rights issues”, restructurings of troubled asset portfolios, debt tender offers, modifications of financing arrangements and modifications of internal corporate governance structures.
Mark has worked on US capital markets transactions for over 30 years, and cross-border capital markets transactions for 20 years. These matters include the first direct listing by a Chinese company on the NYSE; the first issuance by a South African company of high-yield debt and the first leveraged acquisition in South Africa using offshore high-yield debt; the first issuance by a reinsurance company of stock settled hybrid securities; the first issuance by a reinsurance company of hybrid securities with a principal write-off feature; the first dual-listed company to be registered with the SEC and listed on the London Stock Exchange; and the investment of 3 billion Swiss francs by Berkshire Hathaway in Swiss Reinsurance Company using a novel convertible perpetual capital instrument.
Mark authors a significant number of the firm’s client alerts on disclosure matters and other securities and capital markets topics, as well as corporate governance issues. He is a frequent contributor to professional journals and other publications. Mark regularly serves as a panelist for presentations and seminars on a range of capital markets and other securities law topics, and more recently on subjects related to legislative and regulatory efforts to reform the financial system and address systemic risks.
Mark is recognised for his work in capital markets transaction by The Expert Guide to the World’s Leading Capital Markets Lawyers, Chambers and The Legal 500. He is a member of the PLC advisory board for securities matters.
Mark received his BA from Bowdoin College in 1978 (magna cum laude); his MA from the University of Virginia in 1979; and his JD from Washington College of Law, American University, in 1982, where he was editor-in-chief of the Law Review. Mark is admitted to the Bars of the State of New York and the District of Columbia.