Mark T. Plichta

Partner

Overview

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.

Thought Leadership

Mr. Plichta regularly writes and speaks about legal issues related to audit committees and accounting and auditing matters. He also regularly speaks regarding M&A topics in Japan.

Professional Memberships

Mr. Plichta is a member of the Milwaukee Bar Association, the State Bar of Wisconsin, and the American Bar Association.

Mr. Plichta is also a certified public accountant and a member of the Wisconsin Institute of Certified Public Accountants. He spent four years as an auditor with Arthur Andersen.

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 Experience

  • Represented a Japanese company in its acquisition of a U.S.-based manufacturer of advance aerospace materials
  • Represented Mortgage Guaranty Insurance Corporation in two offshore reinsurance and insurance-linked notes transactions, involving notes with an aggregate principal amount of over $630 million
  • Represented a leading communications technology company in its acquisition of a provider of advanced dispatch solutions
  • 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 a Japanese technology company in its investment in a startup based in the United States and Singapore
  • Represented Adrie Global Holdings Limited, a Chinese direct lender, in a reverse merger with DT Asia, a Nasdaq-listed SPAC
  • Represented Johnson Controls, Inc. in its $1.7 billion offering of senior notes 
  • Represented Chinese auto supplier in its acquisition of a U.S. automotive materials company with a $100 million enterprise value 
  • Represented Chinese solar energy company in its majority equity investment in a Nasdaq-listed energy company based in the United States
  • Represented major Japanese pharmaceutical company in connection with its joint drug development agreement with, and preferred stock investment in, a California pharmaceutical company
  • Represented private equity fund in its $375 million sale of information services company
  • Represented MGIC Investment Corporation in its $1.2 billion dual tranche offering of common stock and convertible notes
  • Securities, corporate, and financial statements restatement counsel for a Chinese reverse merger company listed in the U.S. 
  • Represented Pentair Ltd. in Rule 144A offerings covering the issuance of over $2 billion of senior notes, including an exchange offer for outstanding senior notes of its Pentair, Inc. subsidiary, all in connection with Pentair’s merger-of-equals with Tyco Flow Control
  • Represented Johnson Controls, Inc. in its offering of $1.1 billion of senior notes
  • Represented The Manitowoc Company, Inc. in its public offering of $300 million of senior notes
  • Represented Johnson Controls, Inc. in a registered exchange offer for convertible notes and equity units
  • Represented Ladish Co., Inc. in its $800 million sale to Allegheny Technologies Incorporated, including the related securities filings
  • Represented Johnson Controls, Inc. in its public offering of $1.6 billion of senior notes
  • Represented numerous clients in their adoption or renewal of shareholder rights plans, including NOL rights plans, and other takeover and activist defense measures
  • Represented Briggs & Stratton Corporation in its public offering of $225 million of senior notes
  • Represented The Manitowoc Company, Inc. in its public offering of $600 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 public offering of $800 million of common stock and $350 million of convertible senior notes
  • Represented The Manitowoc Company, Inc. in its public offering of $400 million of senior notes
  • Represented Johnson Controls, Inc. in its public offering of $400 million of equity units and $350 million of convertible notes
  • Represented Robert W. Baird & Co. Incorporated in a public offering by California Water Service Company of $100 million of first mortgage bonds
  • Represented Harley-Davidson, Inc. in its public offering of $600 million of senior notes
  • Represented Gehl Company in its $450 million sale to Manitou BF S.A. in a going private transaction
  • Represented MGIC Investment Corporation in its public offering of $420 million of common stock and concurrent sale of $390 million of convertible junior subordinated notes
  • Represented TierOne Corporation in its agreement to a $650 million sale to CapitalSource Inc., as well as the later termination of the merger agreement, including the related securities filings
  • Represented Fiserv, Inc. in its public offering of $1.75 billion of senior 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