Mitchell Marder

Senior Counsel
About

Mitchell Marder has more than 30 years of business and legal experience advising established companies, emerging growth enterprises, investors, and sponsors on complex corporate, securities, finance, mergers and acquisitions, and other high-stakes transactional matters. He regularly serves as trusted outside corporate counsel to founders, senior management teams, and boards, providing strategic guidance across the full lifecycle of companies—from formation and early financings through growth, cross-border expansion, and exits.

Mitchell's practice is deeply international and sector-focused, with significant experience in defense and security, energy and infrastructure, technology, healthcare, and life sciences. He routinely handles complex, first-of-their-kind transactions involving government stakeholders, multinational financial institutions, private equity and venture capital sponsors, and strategic partners across North America, Europe, the Middle East, Africa, and Asia.

Bar admissionsDistrict of ColumbiaMassachusetts

RECENT EXPERIENCE

Defense and Security
  • Multilateral Bank Formation Group – Representation of a multinational think tank led by a team including former leadership of NATO, heads of state, and military leaders, and economists and bankers seeking to organize a first of its kind multilateral financial institution that will provide AAA-rated, long-term capital for defense and security investments among allied and partner nations across the Euro-Atlantic and Info-Pacific regions
    • Formation of organization
    • General corporate work
    • Establish and manage committees of financial institutions and defense contractors
    • Senior unsecured loans from several of the global banks supporting MLIs and the defense industry
    • Drafting bank charter and presentation to government representatives from NATO and partner nations
    • Draft LOI for nations and engage with outreach to nations
  • PE Fund for Defense – Representation of a US$500 million+ private equity fund for defense based in Canada, US, and UK with a focus on dual use AI enabled technology
    • Formation stage work
    • Seed capital financing from anchor investors
    • Joint venture arrangement for general partnership interest
  • Wireless Tech Company – Representation of a UK based company developing dual use electromagnetic field solutions for remote sensing and transmitting critical data from undersea to land
    • Corporate restructuring of US and UK operations
    • US department of defense contract opportunities
    • General corporate and securities work
    • Venture capital led preferred equity raises
  • Battery Power Management Company – Representation of a US based company developing dual use solutions for AI data centers, energy storage and electric vehicles
    • General corporate and securities work
    • Venture capital led preferred equity raises
    • US department of defense contract opportunities including power train systems for UAVs
    • Strategic development and investment arrangement with leading manufacture of construction equipment
    • Research and co-development agreement for EV power train systems with a leading OEM for small to medium size vehicles
    • Establish operations in MENA for software engineering support
  • New Client Relationships: (i) a US and EU based company with 3D printing solutions using proprietary materials for defense and civilian uses with a customer base that includes defense primes and (ii) US based developer and manufacturer of AI enabled UAVs with department of defense contracts
Energy and Infrastructure
  • Renewable Energy Technology and Development Company – Representation of a US and EU based company with proprietary gasification technology that converts organic feedstock into hydrogen and hydrogen to X products (e.g. ammonia and methanol) in connection with equipment manufacturing and sales, technology licensing, and project development domestically and internationally
    • General corporate and securities work
    • Convertible note offerings
    • Preferred equity financings including strategic investments
    • Project financings
    • Mezzanine financings
    • Joint development arrangements with local project partners
    • Material contracts including EPC, feedstock supply, site acquisition, off-take agreements, operation & maintenance agreements, technology licenses, and equipment sales agreements
  • Solar Technology and Development Company – Representation of a US and EU based company with proprietary solar technology in connection with the manufacture and supply of cells and panels, and development of fields domestically and internationally
    • General corporate and securities work
    • Asset acquisition of an EU based manufacturer of cells and panels through a distressed sales process across four countries
  • Oil & Gas Company – Representation of a US publicly held company with a proprietary technology for the recovery of stranded oil in fields domestically and internationally
    • General corporate and securities work
    • Joint development arrangements with local project partners
    • EPCM contracts with local project owners
    • Strategic project equity financings
  • Solar Technology Company – Representation of a US based company developing, manufacturing, and supplying devices to enhance the performance of photovoltaic panels
    • General corporate and securities work
    • Venture capital led preferred equity raises
    • Technology evaluation agreements
    • Master sales agreements
    • Sale of business by merger
  • PE Fund – Representation of a multi-billion private equity fund based in the GCC with focus on energy, critical mineral, and infrastructure investments in North America, Middle East, Africa, and Southeast Asia
    • Development of an AI data center proximate to a captured gas site
    • Methanol production project
    • Critical mineral refinery for tin, lithium, etc.
  • New Client Relationship: A GCC based renewable energy company that develops decentralized renewable energy solutions, specializing in off-grid and hybrid power systems that combine wind, solar, and battery storage. The company designs, installs, and maintains these systems to provide reliable, clean power in challenging or remote environments across all continents
  • Mission 300 Opportunities: Representation of clients in pursuit of projects in Sub-Saharan Africa consistent with the mission of the partnership between the World Bank and the African Development Bank supported by the Rockefeller Foundation. Work includes representation of client in renewable hydrogen project for processing iron ore and another client in the development of solar fields in collaboration with the African Development Bank Group and local West African governments. Work includes negotiation of MOUs and concessions
Healthcare and Life Sciences
  • Drug Development Company – Representation of a clinical stage developer of small molecule drugs to treat metabolic syndrome related conditions associated with anti-psychotic medicines and rebound weight gain from GLP-1s
    • General corporate and securities work
    • Venture capital led preferred equity raises
    • Clinical development related agreements (e.g. CTAs, CROs)
    • CMO related agreements
  • Drug Development Company – Representation of a clinical stage developer of small molecule drugs to treat drug resistant hypertension
    • General corporate and securities work
    • Venture capital led preferred equity raises
    • Clinical development related agreements (e.g. CTAs, CROs)
    • CMO related agreements
  • Healthcare Services Company – Representation of a vertically integrated tech enabled healthcare services company bases in US and Canada focused on medication management and clinical care for patients with chronic conditions taking multiple medications. The company's integrated platform combines pharmacy services, in-home digital tools, and remote clinical oversight
    • General corporate and securities work
    • Convertible note offerings
    • M&A including acquisition of specialty pharmacy groups, mobile primary care groups, company that automates packaging, storage, and retrieval of medications, healthcare data analytics company
    • Acquisition line of credit
    • RTO/Sub-receipts equity financing and TSX listing
  • Diagnostic Company – Representation of a precision medicines company that develops technology using a proprietary cloud-based platform combining RNA gene expression analysis with AI and machine learning tools to predict disease flares and recommend effective drug options for autoimmune diseases
    • General corporate and securities work
    • Convertible note offerings
    • Licensing and co-development arrangement with a major pharmaceutical company to develop a drug to treat certain autoimmune diseases
    • Establish operations in China for the clinical development, manufacture, and supply of tests for the local market
    • Distribution agreement with global diagnostic services company
  • Biologic Development Company – Representation of a clinical stage biotech company developing nanomedicines for the treatment of solid tumor malignancies
    • General corporate and securities work
    • Convertible note offerings
    • Preferred equity financings
    • Clinical development related agreements (e.g. CTAs, CROs)
    • CDMO related agreements
    • Licensing and co-development arrangements with major pharmaceutical companies for the development of new drug entities and combinational products
    • Research, evaluation, and licensing agreements including CRADAs and MTAs with the NCI, other major cancer research hospitals, and universities worldwide, for the research and development of pipeline of cancer drugs to treat various solid tumor malignancies
    • Sale of business to private equity fund
  • Diagnostic Company – Representation of a biotech company that develops diagnostics for infectious diseases
    • General corporate and securities work
    • Convertible note offering
    • Preferred equity financing
    • NIH program arrangements to support the development of diagnostic tests
    • CDMO related agreements
  • New Client Relationship: (i) Investment bank focused on the biotech and life science sectors and (ii) clinical stage immuno-oncology company
Education
  • J.D., George Washington University Law School

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