People

Mark G. Borden

Partner

Borden, Mark G.

Mark Borden is a member of WilmerHale’s Corporate Practice, focusing on the representation of companies in the technology and finance sectors, among others. Since joining the firm in 1976, Mr. Borden has developed a successful corporate practice, concentrating primarily on securities law, corporate finance and acquisitions.

Practice

Mr. Borden has more than 35 years of experience in representing private and public companies. His public company clients include Analog Devices, Avid, Demandware, Idexx Laboratories, MKS Instruments, Red Hat, Skyworks Solutions, Sonus Networks, Staples, State Street and Wright Express.

Mr. Borden has represented companies and underwriters in more than 100 public offerings. Underwriters that he has represented include Goldman Sachs & Co., Morgan Stanley, Deutsche Bank and UBS.

In the acquisitions area, Mr. Borden has extensive experience both in structuring acquisitions and in designing defenses against unsolicited takeovers.

Mr. Borden is co-author of "Start-up Companies – Planning, Financing and Operating the Successful Business," published by Law Journal Seminars Press.

Honors & Awards

  • Recommended in the 2016 and 2017 editions of The Legal 500 United States for finance: capital markets: debt offerings; finance: capital markets: equity offerings: advice to managers; and M&A/corporate and commercial: M&A: middle-market 
  • Named the 2015 and 2012 Boston Corporate Governance Law Lawyer of the Year, 2014 and 2009 Boston Corporate Law Lawyer of the Year, 2013 Boston Securities/Capital Markets Law Lawyer of the Year, and 2010 Boston Mergers and Acquisitions Law Lawyer of the Year by the Best Lawyers in America, and is consistently recognized for his work in corporate compliance, corporate governance, corporate law, mergers and acquisitions law and securities/capital markets law 
  • Named as a leader in the corporate/M&A field in the 2015-2017 editions of Chambers Global: The World's Leading Lawyers, and as a leader in the private equity field in the 2008 edition 
  • Recognized as a leader in the corporate/M&A and private equity: venture capital investment categories in the 2007-2017 editions of Chambers USA: America's Leading Lawyers for Business, with sources commenting "he is a very strong lawyer [who] handles clients well" and he has "broad range and tremendous experience" 
  • Recognized as one of Boston's top corporate lawyers in the PLC Which Lawyer? Yearbook for 2006 and 2007/2008 
  • Named to the New England Super Lawyer (formerly "Massachusetts Super Lawyer") list, as published in Boston Magazine, since 2004 
  • Named among the world's leading merger & acquisition lawyers in the International Who's Who of Merger & Acquisition Lawyers 2010-2014

Publications & News

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August 16, 2017

WilmerHale Lawyers Named Among the 2018 Best Lawyers in America®, Nine Recognized as Lawyers of the Year

Best Lawyers in America®—the oldest and most respected peer-review publication in the legal industry—recognizes 107 WilmerHale lawyers and names nine partners as Lawyers of the Year in its 24th edition.

August 3, 2017

Firm's Representation of Hilton is Honored as Global Finance Deal of the Year by The American Lawyer

For the past five years, The American Lawyer has hosted the Global Legal Awards to honor matters that demonstrate the industry's ability to navigate complex international legal issues.

July 11, 2017

Staples, Inc. Enters Into Definitive Agreement to Be Acquired by Sycamore Partners for $10.25 per Share in Cash, or Approximately $6.9 Billion

Staples, Inc. and Sycamore Partners, a leading private equity firm, announced that they have entered into a merger agreement in which investment funds managed by Sycamore Partners will acquire Staples in a transaction that values Staples at an equity value of approximately $6.9 billion.

July 5, 2017

WilmerHale Represents Blue Apron Holdings, Inc. in IPO

Blue Apron's mission is to make incredible home cooking accessible to everyone. Launched in 2012, Blue Apron has grown to $795 million in annual revenue to become the leading US meal plan delivery company.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

June 8, 2017

Legal Mechanics of Organizing Corporations

WilmerHale Partners Mark Borden and David Gammell author this chapter in Start-Up & Emerging Companies: Planning, Financing, and Operating the Successful Business. The legal mechanics of organizing corporations encompass a variety of corporate, tax, securities and business considerations. By anticipating the special problems and situations which are likely to arise in the course of the startup company's growth, its founders can structure the organization of the corporation to minimize future obstacles.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

March 21, 2017

WilmerHale Recognized for Outstanding International Lawyers and Practices in Chambers Global 2017

Chambers Global has named 27 WilmerHale lawyers among "The World's Leading Lawyers for Business" in its 2017 edition.

November 9, 2016

WilmerHale Reps Hilton Special Committee in $6.5B Investment by HNA Group

The WilmerHale deal team was led by Partner Mark Borden and included Partners Jay Bothwick, Julie Hogan Rodgers, Bill Caporizzo, Erika Robinson, Jonathan Wolfman, Hartmut Schneider, Ben Powell, Jason Chipman; Counsel Eric Hanson; and Associate Cynthia Moon.

October 7, 2016

WilmerHale Advises Acacia Communications in Follow-On Public Offering of Common Stock

The WilmerHale deal team was led by Partners Mark Borden, David Westenberg and Jason Kropp, and included Counsel Sarah Sellers and Associates Colin Beauvais and Julie Fogarty.

Speaking Engagements

March 25, 2014

Going Public: An Inside Look at IPO Preparation

Waltham, Massachusetts

October 16, 2012

Going Public: An Inside Look at IPO Preparation

Waltham, Massachusetts

Professional Activities

Mr. Borden has lectured at various seminars sponsored by MCLE and the Massachusetts Bar Association, on topics relating to public offerings, securities laws and takeover defenses. Mr. Borden served as a member of the subcommittee of the Boston Bar Association that drafted the Massachusetts Control Share Acquisition Act. He served on the special task force of the Boston Bar Association that drafted the Massachusetts corporations statute.

Community Involvement

Mr. Borden is an overseer of the Boston Symphony Orchestra.

Practices

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Education

JD, Harvard Law School, 1976

BA, summa cum laude, Yale University, 1973

Bar Admissions

Massachusetts

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