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Marc  Kushner

Marc Kushner

Partner, Corporate

Key Contact: U.S. Cross-Border Legal Services


Contact Information

mkushner@osler.com

tel: 212.991.2518

Office

New York

Bar Admission

New York, 1989

Education
  • Benjamin N. Cardozo School of Law, J.D.
  • Oxford University, Dipl. Leg. Stud.
  • Harvard University, A.B.
Language(s)
English

Marc’s practice focuses primarily on mining, private equity, U.S. and cross-border mergers and acquisitions and other transactional representations. Prior to joining Osler, Marc practised for many years at a major Wall Street law firm, where he regularly advised private equity and corporate clients on U.S. and international mergers, acquisitions, divestitures, joint ventures, leveraged buyouts, minority investments, recapitalizations and other corporate and securities law matters, including corporate governance and SEC compliance and reporting requirements.

    • Kensington Capital Partners Limited in its US$85 million recapitalization of Kenona Industries LLC
    • HOOPP in its acquisition of a minority stake in Chobani
    • China Molybdenum Co., Ltd. in the sale by Louis Dreyfus Company of its global metals business to NCCL Natural Resources Investment Fund for US$466 million
    • China Molybdenum in its US$2.65 billion acquisition of Freeport-McMoRan’s indirect 56% interest in the Tenke Fungurume copper-cobalt mine
    • China Molybdenum in its US$1.5 billion acquisition of Anglo American’s Brazilian niobium and phosphates businesses
    • BHR Newwood in its $1.1 billion acquisition of Lundin Mining's indirect 24% interest in the Tenke Fungurume copper-cobalt mine
    • Chemtrade Logistics Income Fund in its $900 million acquisition of General Chemical Corporation
    • Ontario Teachers’ Pension Plan in the acquisition of Imperial Parking Corporation,one of the largest parking management companies in North America
    • EdgeStone Capital Partners in its $98 million sale of Custom Direct Inc.
    • Vale in the sale of The International Metals Reclamation Company for $34 million
    • Homburg Invest Inc. in the sale of certain non-core assets

IFLR

  • IFLR 1000: The Guide to the World’s Leading Financial Law Firms, 2018: Notable Practitioner, M&A; Private Equity.

  • 3rd International Congress on Mining Law

    Speaker, Brasila, May 9, 2017

  • Doing Business in the United States

    Co-Presenter, The U.S. beckons – Financing and acquisition opportunities for Canadian companies, Montréal, October 20, 2016

  • New York State Bar Association, Corporations Law Committee

  • Ride the wave: why Canadian dealmakers should take a look at R&W insurance, Osler Resources, September 2018.
  • "Private M&A transactions: Five cross-border indemnification tips dealmakers need to know", Update: May 23, 2017.
  • A practical guide to representations and warranties insurance, Osler Resources, June 2016.
  • Acquisitions of Private Canadian Businesses, Practical Law: The Journal, July/August 2010 (co-authored with Terrence R. Burgoyne and John W. Groenewegen).
  • Best Practices in Mineral Reserve and Resource Estimate Reporting for Dual-Listed Canadian Mining Companies, Osler Mining Review, Feb, 2010 (co-authored with Kevin Cramer).
  • Insider Trading and Confidentiality Agreements Following the U.S. District Court’s Decision in SEC v. Cuban, Osler Update: July 29, 2009.
  • Changes to Shareholder Proxy Access and Director Indemnification Under Delaware Corporate Law, Osler Corporate Review, June 2009.
  • Final Regulations in Effect for National Security Review of Foreign Acquisitions of U.S. Businesses, Osler Update, Jan 21, 2009.
  • Broader Range of Foreign Investors and Transactions Subject to Scrutiny Under Proposed U.S. Regulations, Osler Update: May 30, 2008.
  • New Canadian Takeover Bid Regime Converges with U.S. Tender Offer Rules, Osler Update, May 2008.