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Marc D. Mantell

Member / Co-Chair, Mergers & Acquisitions Practice

[email protected]

+1.617.348.3058

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Marc’s practice focuses on corporate, M&A and securities law matters, primarily for companies engaged in the technology ecosystem. Marc represents private and public companies, investors, underwriters, and other parties in a broad range of transactions, including mergers and acquisitions, securities offerings, and debt financings.

He has extensive experience representing venture-backed and closely held companies and private equity firms in middle-market mergers and acquisitions transactions across a broad range of industries, including technology and software, medical device and life sciences, industrial and manufacturing, and retail and consumer products. His experience includes strategic acquisitions and divestitures, private equity transactions, complex earn-out arrangements, cross-border deals, equity and debt financings, and recapitalizations.

Marc also routinely serves as a trusted advisor to both domestic and non US-based companies in the establishment of new businesses and the ongoing compliance with US corporate and securities laws and other regulations related to the entities’ inbound transactions and business goals.

Before joining Mintz, Marc practiced in the Boston office of an international law firm. Prior to practicing law, he taught history and government at a private school in Maine.

Experience

  • Feeney Utility Services Group in its sale to Artera Services, LLC, a Clayton, Dubilier & Rice portfolio company
  • LeanIX, an enterprise architecture company, in its acquisition of Cleanshelf, a leading enterprise SaaS management company
  • 55ip, a fintech delivering tax-smart investment strategies, in its sale to JP Morgan Asset Management
  • Lacerta Group, a designer and manufacturer of specialty thermoformed packaging solutions, in a strategic investment by SK Capital Partners
  • LPL Financial (NASDAQ: LPLA) in its acquisition of Blaze Portfolio, a trading and portfolio rebalancing software company
  • Investors in a PIPE financing of Conversion Labs (OTCQB: CVLB), a direct-to-consumer telemedicine and wellness company
  • Censa Pharmaceuticals in its sale to PTC Therapeutics (NASDAQ: PTCT)
  • Boston Dynamics in its acquisition of Kinema Systems, a developer of deep-learning software and vision sensors 
  • NeuroBo Pharmaceuticals in its reverse merger going-public transaction with Gemphire Therapeutics (NASDAQ: GEMP)
  • Big Belly Solar, a global leader in smart waste solutions for public spaces, in its recapitalization and investment by McCarthy Capital
  • Corindus Vascular Robotics (NYSE AM: CVRS) in common stock and preferred stock PIPE financings
  • LPL Financial (NASDAQ: LPLA) in its acquisition of AdvisoryWorld, a provider of digital solutions designed to help financial advisors attract and serve client assets 
  • Microbot Medical (NASDAQ: MBOT) in its reverse merger, going public transaction and several registered direct offerings
  • KD Pharma, a German-based Omega-3 producer, in its merger with Marine Ingredients, its investment in Nutriceutical Holdings and its acquisition of the Ocean Blue brand assets
  • Censa Pharmaceuticals in its strategic collaboration with Retrophin, Inc. (NASDAQ: RTRX), which included an exclusive option for Retrophin to acquire Censa
  • JN Philips Auto Glass in a leveraged buyout by CenterOak Partners LLC
  • Pieris Pharmaceuticals (NASDAQ: PIRS) in its reverse merger going-public transaction, and several subsequent public offering and PIPE financings
  • Feeney Brothers Utility Services in its merger with DDS Companies, a provider of utility, engineering and telecommunications services
  • C-4 Analytics, a digital marketing company, in its strategic partnership with BV Investment Partners
  • Seventh Generation, a household products company, in its sale to Unilever (NYSE: UL)
  • Greentech Media, an information services provider, in its sale to Verisk Analytics (NASDAQ: VRSK)
  • Targacept, Inc. (NASDAQ: TRGT) in its reverse merger with Catalyst Biosciences
  • True Office, an interactive learning and analytics company, in its sale to Intercontinental Exchange (NYSE: ICE), the parent company of the New York Stock Exchange
  • Emory University in its joint venture with two clinical diagnostic testing companies, Eurofins Genomic Clinical Diagnostics US Holdings, Inc. and EGL Genetic Diagnostics LLC
  • Allegro Diagnostics Corp in its sale to Veracyte, Inc. (NASDAQ: VCYT)
  • Boston Dynamics, a robotics company, in its sale to Google (NASDAQ: GOOG)
  • Columbia Capital, in its strategic investment in IntelliBatt, a California-based battery backup and predictive services company
  • Vortex Medical, a medical device company, in its sale to AngioDynamics, Inc. (Nasdaq: ANGO)
  • Natural foods maker, FoodShouldTasteGood, in its sale to General Mills (NYSE: GIS)
  • Family owned distributor of personal grooming devices, The W.E. Bassett Company, in the acquisition   by Pacific World Corporation, a portfolio company of Levine Leichtman Capital Partners
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viewpoints

Amid ongoing growth in global M&A, buyers evaluating cross-border opportunities need to weigh many issues. Mintz M&A and antitrust attorneys look at considerations for European companies and private equity funds seeking targets in the United States, including US deal structures, antitrust regulations, and deal-reporting requirements.

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Read about holdings from the Delaware Supreme Court and Delaware Court of Chancery determining that directors’ emails and texts may be subject to inspection in Section 220 actions.
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Indemnification provisions in private company M&A contracts have received a lot of attention in recent years. These provisions are used to allocate risk among participants but there has been a lack of attention paid to another critical provision of these contracts. We highlight the frequency of certain provisions that shift control of these claims and examine the merits of various other approaches.
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Just as each warehouse logistics robot or copter-drone will utilize different technologies to address unique problems, each robotics company will follow a unique path to its eventual exit transaction. For those considering a company sale, there are several things you can focus on early in the process that can help give you the best chance of success.

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An increasingly popular hedge fund strategy, commonly referred to as “appraisal arbitrage,” recently received a significant boost from the Delaware Court of Chancery.
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News & Press

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BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.

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Members Marc Mantell and Robert Kidwell, and associate Marina Rothberg co-authored an article published by Law360 discussing cross-border M&A activity and predictions for the upcoming year.

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Mintz represented Bauwerk Group AG, a leading Swiss-based manufacturer of parquet flooring, in its purchase of Somerset Hardwood Flooring, a vertically integrated forest products company. The deal creates a global market leader in hardwood flooring with a combined turnover of $400 million at a production volume of over 120 million square feet.

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Mintz Member Marc Mantell and Associate Scott Dunberg co-authored an article published in the May 2020 issue of Wolters Kluwer’s Insights: The Corporate and Securities Law Advisor that examined a potential increase in the use of earnouts in mergers and acquisitions, as dealmaking has sputtered in reaction to the coronavirus pandemic. Mintz Associate Troy Nichols also contributed to this article.
Marc Mantell, a Mintz Member, was featured in a Wicked Local Newton article on his participation in the SCORES Cup corporate soccer tournament, which helped to raise $320,000 for America SCORES Boston.
Mintz attorneys represented Seventh Generation, Inc. in its recent sale to Unilever. Based in Vermont, Seventh Generation is a pioneer in corporate responsibility and sustainable product innovations, including plant-based detergents and household cleaners.
Member Marc Mantell authored this Xconomy, Inc. column about steps owners of robotics companies can take in advance of selling their business to advantageously position themselves for a smoother sales process when the time comes.
Mintz attorneys represented Greentech Media, Inc. in its sale to Verisk Analytics, Inc., a leading data analytics provider. Greentech Media is an industry-leading information services provider for the next-generation electricity and renewables sector.
Mintz’s Marc Mantell co-authored this column discussing what sellers and sellers’ counsel should consider in terms of common drafting pitfalls while negotiating an earnout.
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Events & Speaking

Panelist
Jun
7
2022

ACCD Directors Forum

Revere Hotel Boston Common

Event Reference Image
Panelist
Moderator
Jun
1
2018

6th Annual World Life Sciences Conference

International Bar Association

InterContinental Boston 510 Atlantic Avenue Boston, MA 02210

Speaker
Sep
28
2017

Robotics Connect 2017

Cambridge Innovation Center

Venture Café, Cambridge, MA

Panelist
Apr
28
2015

2015 Spring Panel Event

Suffolk University Law School Business Law Association

Boston, MA

Speaker
Speaker
Oct
25
2011
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Recognition & Awards

  • Recommended by The Legal 500 United States for M&A: Middle-Market (2017 – 2018)

  • Massachusetts Super Lawyers: Rising Star, Mergers & Acquisitions (2013 – 2015)

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Involvement

  • Former Co-chair, Business Transactions Section, Boston Bar Association
  • Former Co-chair, Mergers & Acquisitions Subcommittee, Boston Bar Association
  • Member, American Bar Association
  • Member, Board of Directors, America SCORES New England, a Boston nonprofit that provides youth soccer and literacy programs
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Marc D. Mantell

Member / Co-Chair, Mergers & Acquisitions Practice

Boston