Marc A. Babinski  

Partner

Executive Summary

​Marc Babinski is a partner and Regional Leader of the Business and Corporate Commercial Practice group. For over 20 years, Marc has been on the front lines assisting business owners, senior management and venture capital and private equity fund managers. He works on complex transactional matters as well as the day-to-day business affairs of our clients. Through his understanding of the business challenges faced by our clients, Marc delivers practical advice and cost effective solutions.

Representative Work

  • Represented the UK-based purchaser of the Davie Shipyards in Lévis, Québec.
  • Assisted in the set-up and financing of a Canadian based tour operator and a Greek airline providing direct service between North America and Greece.
  • Assisted in the set-up and financing of an online community for the discovery of new and emerging comic book writers and artists.
  • Documented and closed a Strategic Relationship Agreement between SILEC and one of Canada's largest telecom carriers and the purchase of the wireless assets of a municipally owned SILEC.
  • Ongoing representation of a leading provider of variation-aware circuit design software.
  • Provision of structuring advice to US and European businesses seeking to establish themselves in Canada.
  • Representation of Canadian and foreign entities in cross-border acquisition and sale transactions.
  • Direct investment transactions on behalf of venture capital funds and investee companies.
  • Representation of vendors and purchasers in private company M&A transactions.
  • Intellectual property licensing and financing.
  • Numerous engagements with early-stage companies in the innovation sector to enable the protection of intellectual property, establishment of licensing agreements and investment readiness.
  • Frequent representation of businesses and shareholders in contractual and shareholder disputes. Sectors covered include telecommunications, software, I/C design tools, wireless applications, bio-tech, clean-tech and traditional industry including shipbuilding.

Publications & Presentations

  • “Enumerating the Components of Comprehensive Environmental Disclosure, BLG Securities and Capital Markets alert,” CSA Staff Notice 51-333, November 12, 2010 (with Yaniv Saragosti).
  • “Now is the Time: Economic Downturn a Perfect Opportunity for CFOs to Re-examine Their Regulatory Back Office,” CMA Management Magazine, March 31, 2010.
  • “Planning Ahead for Distress in a Venture-Backed Company,” Special Situations Committee, VC Buzz article, November 3, 2009.
  • Presenter, “VC Financing of Technology Innovation: The Butterfly Effect,” University of Toronto, Centre for the Environment, Carbon Finance Workshop, October 29, 2009.
  • “Dealing with Hostile Bids in a Slow Recovery: What Senior Management of an Emerging Issuer Can Do,” The Lawyers’ Weekly, October 16, 2009.
  • Presenter, BDC Capital Annual Meeting: “Managing Distressed situations: Syndicate dynamics,” Bromont, Québec, June 10, 2009.
  • Presenter, “Positioning your Company for the Carbon Economy: Corporate Finance and Tax Aspects,” Lexpert® Conference, Calgary, June 8, 2009.
  • Panel Chair, “Venture and Private Equity Strategies for Cleantech Companies,” CleanTech Showcase, BioFinance, Toronto, April 29, 2009.
  • “VC Representation on Boards: Reconsidering the Value of Care-Taker Directors,” VC Buzz article, May 13, 2008.
  • “Joint Ownership of  Intellectual Property,” OCRI Partnership Series, Ottawa, January 17, 2008.

Rankings & Recognitions

  • Recognized in the 2012 Canadian Legal Lexpert® Directory (Private Equity)