Marc S. Gerber concentrates his practice in the areas of mergers and acquisitions, corporate governance, and general corporate and securities matters.  Mr. Gerber has represented purchasers and sellers in a wide variety of transactions, including private acquisitions and divestitures, negotiated and contested public acquisitions, and proxy fights.  Mr. Gerber also counsels clients in private equity transactions and in cross-border joint ventures and other strategic alliances.

Mr. Gerber advises numerous clients on a full range of corporate governance and related matters, including advising clients on compliance with the provisions of the Sarbanes-Oxley Act of 2002, the rules and regulations of the Securities and Exchange Commission (SEC) and the listing requirements of the New York Stock Exchange and NASDAQ Stock Market.  In addition, he counsels clients on board independence, the enhanced role of audit committees and audit committee financial experts, board committee charters and governance guidelines, CEO/CFO certifications, auditor independence, corporate governance-related disclosure requirements and compliance with legal and ethical requirements including rules relating to attorneys who represent companies before the SEC.

Some of Mr. Gerber’s significant recent transactions include the representation of:

• Serco Group plc, an international service company, in its acquisition of SI International, Inc.;
  
  
• Global Insight, Inc., a provider of economic and financial information, in its acquisition by IHS Inc.;
  
  
• ArcelorMittal, an integrated metals and mining company, in its acquisition of the Mid Vol Coal Group;
  
  
• Fortunoff in its acquisition by NRDC Equity Partners LLC (the parent company of Lord & Taylor);
  
  
• the Special Committee of the Board of Directors of Total System Services, Inc., a provider of outsourced payment services, in the spin-off of Total System Services from Synovus Financial Corp.;
  
  
• Rite Aid Corporation in its acquisition of the Brooks and Eckerd drugstore chains from The Jean Coutu Group (PJC) Inc.;
  
  
• Independent Insurance Investments, Inc. in its acquisition of Omni Insurance Group from The Hartford Financial Services Group, Inc.;
  
  
• Wand Partners Inc. and a group of private equity investors in the acquisition of the The Republic Group of Insurance Companies;
  
  
• Banco Itaú S.A. in connection with restructuring its strategic marketing alliance with America Online Latin America, Inc.;
  
  
• Sul América S.A. in connection with expanding its joint venture with ING Insurance International B.V.;
  
  
• SunTrust Banks, Inc. in its proxy contest with Wachovia Corporation;
  
  
• Eastman Chemical Company in its acquisitions of McWhorter Technologies, Inc. and Lawter International, Inc.;
  
  
• Primark Corporation in its acquisition by The Thomson Corporation;
  
  
• KN Energy, Inc. in its merger with Kinder Morgan, Inc.; and
  
  
• Great Western Financial Corporation in its proxy contest with H.F. Ahmanson & Co.