Practice Experience
Eric Marcks advises clients on a wide range of corporate and commercial matters, with a focus on mergers and acquisitions. Mr. Marcks joined the Firm's Tokyo office in November 2007. Before joining White & Case, Mr. Marcks practiced corporate law for seven years at a leading international law firm in San Francisco and Silicon Valley, where he represented international companies in various types of corporate and commercial transactions, including mergers and acquisitions, joint ventures, creditors' rights workouts, and licensing, distribution, OEM, and other types of commercial agreements. Mr. Marcks also worked extensively with emerging technology companies in Silicon Valley and the venture capital funds that support them, counseling on formation, corporate governance, employee incentive plans, intellectual property protection and licensing, operations, financings, and other matters.
Mr. Marcks is an adjunct professor of Temple University Law School in Japan, where he has been teaching a course on international contract drafting since 2008.
Recent representative transactions:
- Ongoing representation of the French Government in the relocation of the "French School" (Lycée franco-japonais de Tokyo) to a new site and the disposition and acquisition of land in Tokyo.
- Represented Pfizer on the Japan aspects of the sale of Pfizer's global Capsugel business to KKR for $2.375 billion.
- Represented the French Embassy in Japan in its reconstruction through a public-private partnership structure involving the reconstruction of the Embassy buildings and the granting to a private development consortium of a long-term lease on a portion of the Embassy land.
- Represented French automotive parts manufacturer Valeo in its acquisition of Niles Co., Ltd., a manufacturer of automotive switching systems, from RHJ International and Nissan for an enterprise value of EUR 313 million.
- Represented IHI Corporation in its US$25 million investment in, and negotiation of technology license and supply agreements with, A123 Systems, a Nasdaq-listed company.
- Represented Japanese company Eagle Industry Co., Ltd. in its acquisition of the actuator business, based in Germany and Hungary, of Freudenberg & Co. KG.
- Represented Shinsei Bank in the ANA Hotels portfolio debt restructuring. This transaction was awarded "Real Estate Deal of the Year 2011" at the ALB Japan Law Awards.
- Represented JTEKT, a Japanese automotive parts manufacturer, in its US$330 million acquisition of the worldwide needle roller bearings operations of US-based The Timken Company. This transaction was the largest outbound transaction by a Japanese industrial company in 2009 according to Mergermarket.
- Represented the shareholders of Oak Lawn Marketing, Japan's largest direct response TV marketing company, in the sale of a majority stake to NTT Docomo for JP¥31 billion.
- Represented the shareholders of a privately-held Japanese semiconductor company in the sale of all outstanding shares to Amphenol Corporation, a major US producer of electronic and fibre optic connectors, cable and interconnect systems.
- Represented the shareholders of a privately-held Japanese software company in the sale of all outstanding shares to US-based Rovi Corporation (formerly known as Macrovision Solutions Corporation).
- Represented AIU Insurance Company in issuance of indemnification insurance policy to Mitsubishi Heavy Industries, Ltd. in share redemption valued at approximately JP¥50 billion.
- Represented the College of American Pathologists in the sale of a medical nomenclature to a consortium of health ministries from various countries.
- Represented a French dairy company in a US$70 million stock acquisition of a US cheese maker.
- Represented issuers and VC funds in over two dozen venture capital financings in San Francisco and Silicon Valley.
Bars and Courts
California State Bar, 2000
Registered Foreign Attorney in Japan (Gaikokuho Jimu Bengoshi), 2008
Education
JD, University of Texas at Austin, with Honors, 2000 Kyushu University, Japan, Japanese Ministry of Education Scholarship, 1997 MA, Harvard University, 1995 BA, Middlebury College, 1991
Publications
Co-Author, INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professional) Consumer Dept Report II: Report of Findings and Recommendations, November 2011
Speaking Engagements and Publications
Co-Presenter: “Starting Up a Company in Japan,” sponsored by the ACCJ, November 2010.
Co-Presenter: "Could Livedoor Have Happened in the U.S.?- An Introduction to U.S. Corporate and Securities Laws in the Context of M&A Transactions," sponsored by JETRO and the Japanese Chamber of Commerce of Northern California, March 23, 2006, Palo Alto, California (in Japanese).
Co-Presenter: "Doing Business in California," a monthly seminar series on U.S. law for Japanese business executives in Northern California, since 2005-2007, Palo Alto, California (in Japanese).
Co-Author, Ethical Issues in Patent Prosecution, in Practicing Law Institute Course Handbook on Fundamentals of Patent Prosecution 7 (M Molano ed., 2002).
Author, Avoiding Human Rights Abuses in Project Finance, 22 ENERGY LAW JOURNAL 301 (2001).
Co-Author, Advertising on the Internet, 17 CEB Cal. Bus. L. Prac. 35 (Spring 2002) and in E-Commerce & Internet Law, CLE International (2001).
Co-Author, Peer–to-Peer Networks After Napster, in Internet Law For Electronic Commerce In California, Lorman Educational Services (2001) and in Proceedings of the 26th Annual Intellectual Property Institute (2001).
Author, Note, English Law in Early Hong Kong: Colonial Law as a Means for Control and Liberation, 35 TEX. INT'L L.J. 265 (1999).
Author, Tribute to Dr. James West, 34 TEX. INT'L L.J. 1(1999).
Languages
English French Japanese
Citizenship
United States France
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