W. Mark Griffith

Counsel

Raleigh
Business Phone: 919.835.4172
Business Fax: 919.835.4101

mark.griffith@troutman.com

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Mark Griffith’s practice focuses on mergers and acquisitions, finance, and general corporate law, with a particular emphasis on energy law. He has represented clients in connection with mergers and acquisitions (foreign and domestic), stock and asset sales, joint ventures, and third-party service arrangements. Over the last year, Mark has led transactions involving the acquisition or sale of over ten renewable energy facilities.

Prior to returning to private practice, Mark was the general counsel and member of the four person executive team at ElectriCities of North Carolina, a management services company for two of the country’s largest power agencies, each jointly owning nuclear generation assets with the State’s investor-owned utilities. His years of in-house experience give him deep insight into his clients’ needs, priorities and goals from both a legal and business perspective.

In addition to his legal practice, Mark has served a term as a member of the North Carolina Banking Commission after being appointed by the North Carolina Speaker of the House, and currently is serving a second term as a member of the Board of Directors of the North Carolina Chamber of Commerce.

Representative Matters

  • Represented an affiliate of one of the nation’s largest utilities in its acquisition of a renewable energy facility.
  • Represented a private company in its acquisition or sale of over ten renewable energy facilities.
  • Represented a private company in an auction process led by one of nation’s largest investment banks in a prospective transaction worth over $1 billion.
  • Represented two private companies in their settlement negotiations with two investor-owned utilities in connection with a merger of two of the nation’s largest investor-owned utilities.
  • Represented a health care company formerly listed on the New York Stock Exchange in a going private transaction.
  • Represented two issuers in bond financings worth over $2 billion.
  • Represented a majority shareholder group in a tender offer and short-form merger in the context of a going private transaction.
  • Represented a private company in a $4.9 million asset purchase and subsequent Industrial Revenue Bond financing.
  • Represented an electric power supplier in negotiating a long term power purchase agreement worth over $2 billion.
  • Represented an electric power supplier in negotiating several power purchase agreements, including the purchase of renewable energy certificates.
  • Represented a seller in a cross-border sale of a $50 million business division.
  • Assisted in the representation (on the negotiation team) of a public company buyer in a $615 million asset purchase.
  • Represented a technology company in its acquisitions in Italy, France and India.
  • Represented one of the nation’s largest reinsurance companies in a technology joint venture.
  • Negotiated two consulting agreements for an M&A advisor in each case representing a Fortune 500 company in its sale of a “Section 29 Subsidiary.”
  • Represented shareholders in the formation of three state-chartered financial institutions and one federally-chartered financial institution.
  • Assisted in the representation of a public entity in Section 3(a)(10) offerings in connection with its acquisitions of private technology companies.
  • Prepared proxy solicitation materials for one of the largest bank holding companies in North Carolina.
  • Prepared and implemented a shareholder rights plan for a Fortune 500 company.
  • Provided counsel to a Fortune 500 company in relation to Sarbanes-Oxley Act compliance, including officer certifications and amendments to its audit committee, nominating committee, and compensation committee charters.

Presentations and Speaking Engagements

  • Panelist, "Power Purchase Agreements," Energy and Mineral Law Foundation Thirty-Seventh Annual Institute, Energy and Mineral Law Foundation, June 14, 2016, Charleston, South Carolina.

Professional and Community Involvement

  • Member, Wake County Bar Association
  • Member, North Carolina Bar Association, Business Law Section
  • Former Commissioner, North Carolina State Banking Commission
  • Board of Directors, North Carolina Chamber of Commerce
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Education

  • University of North Carolina, J.D., with honors, 1996
  • University of North Carolina, B.A., with honors, 1993
    Phi Beta Kappa

Bar Admissions

  • North Carolina