Mark Macenka, a partner in Goodwin’s Technology and Life Sciences Companies groups, has over 40 years’ experience in the areas of business and securities law, mergers and acquisitions, venture capital and corporate finance. Mark is a former chair of Goodwin’s Business Law Department and member of the firm’s Management and Executive Committees. He joined the firm in 2005, after a 21-year career with Testa, Hurwitz & Thibeault, LLP.
Mark represents public and private growth oriented companies in emerging and high technology and life sciences industries, as well as venture capital firms and investment banks. His experience includes business counseling, domestic and international mergers and acquisitions, public and private financing, domestic and international technology licensing and distribution, and strategic partnerships and joint ventures. Mark’s practice has included cross border financings and acquisitions, as well as advice on other U.S.-based activities for companies headquartered or with significant operations in Australia, Canada, France, Ireland, Israel, Lebanon, Lithuania and Russia.
Mark also served as chair of the firm’s Partnership Committee and Knowledge Management Group, co-chair of the firm’s Pro Bono Committee and was a member of the firm’s Business Conflicts Committee.
Experience
Mark’s corporate finance practice includes extensive experience with both private and public offerings. He has represented companies as well as venture capitalists in hundreds of financings. Over the years, his completed financings on behalf of his corporate clients include investments in 3EO Health, 908 Devices, Acquia, Acronis, Atrandi Biosciences, Black Duck Software, Borderfree, Boston Microfluidics, CloudHealth, Codetta Bio, Convoq, Digital Biology, FiftyOne, GenArts, Genturi, Independent Means, Lucid Imagination, MediaFriends, neoSaej, Philo, Rapid Micro Biosystems, Reprise Media, Rhinostics, Spear Bio, Tagsys RFID Group, Tetragenetics, Torus Biosystems, Ultivue, VBrick Systems and Veridiem. In addition, Mark has represented numerous venture capital funds and institutional investors in connection with portfolio company investments and dispositions, including Adams Street Partners, American Research & Development, Atlas Venture, Brewer Lane Ventures, Commonwealth Capital Ventures, FlyBridge, Global Technology Investments, Goldman Sachs, Grandbanks Capital, JMI, Matrix Partners, Morgenthaler Ventures, National Grid, NeoNet, North Bridge Venture Partners, Pilot House Ventures, Redmont Venture Partners, T2 Biosystems, Technology Venture Partners, Venrock and Y Combinator.
Publicly held companies represented by Mark have included 908 Devices, Atria, Borderfree, Discreet Logic, Easel, Environmental Power, GeoTel, Groundwater Technology, META Group, Mimecast and SystemSoft. In addition to representing many of these companies in their initial public offerings, Mark has counseled investment banks in connection with underwritten equity and debt public offerings for such companies as AI Corp., Bytex, Ceramics Process Systems, Computron Systems, Concentra, Data General, Gensym, HHB Systems, Kendall Square Research, MECA Software, Object Design, Parametric Technology, Peritus Software Services, SoundBite Communications, SPS Commerce and United Healthcare.
Mark’s domestic and international M&A experience includes: Ahura Scientific’s acquisition by ThermoFisher Scientific; Argon Networks’ acquisition by Siemens; Atria’s merger with Pure; Astral Point’s acquisition by Alcatel; Bomgar’s acquisition by TA Associates; Borderfree’s acquisition by Pitney Bowes; Discreet Logic’s acquisition by Autodesk; Direct Hit’s acquisition by Ask Jeeves; Dymec’s acquisition by GarrettCom; Easel’s acquisition by VMark; FASTech Integration’s acquisition by Brooks Automation; FutureTense’s acquisition by OpenMarket; GeoTel’s acquisition by Cisco Systems; Healthedge acquisition by Blackstone; JobMagic’s acquisition by iCIMS; Kiko’s acquisition by Tucows.com; Launchpoint’s acquisition by MultiPlan Corporation; Laureate Phrama’s acquisition by Gallus BioPharmaceuticals; MV Technologies’ acquisition by Agilent; Not A Bug’s (Reddit) acquisition by CondéNast; OpenEye’s acquisition by Cadence; Process Software’s acquisition by Platinum Equity Holdings; Sandburst’s acquisition by Broadcom; Seniorlinks’ acquisition by THL; Silverback Technology’s acquisition by Dell; StarGen’s acquisition by Dolphin Interconnect Solutions; THINQ Learning Solutions’ acquisition by Saba; Trading Metrics acquisition by Greenline Financial Technologies; Vality Technology’s acquisition by Ascential; Vela Systems acquisition by AutoDesk; Veridiem’s acquisition by SAS Institute; WaveSmith Networks’ acquisition by Ciena; Black Duck Software’s acquisition of Koders; Discreet Logic’s acquisitions of Brughetti, Denim Software, D-Vision System and Lightscape Technologies; Easel’s acquisition of Enfin Software; FASTech Integration’s acquisitions of Baylis Automation and Midas Software; GenArts’ acquisition of wondertouch; META Group’s acquisitions of DeBoever Architectures, The Sentry Group, Rubin Systems, The Verity Group and various international distributors; SystemSoft’s acquisition of Radish Communications Systems; TrainingNet’s acquisition of First Seminar, Learning Solutions, TrainingServer and Thinq Technologies; and Vality Technology’s acquisition of MatchWare Technology. Additional M&A work includes GenArts’ purchase of a line of business from The Foundry; Innovent Technologies’ purchase of a line of business from Innovent, Inc.; Innovent Technologies’ line of business spinout to MDC Vacuum Products; Innovent Technologies’ spinout of innoPad; Process Software’s purchase of a Cisco Systems line of business; Process Software’s spinout of IPWorks; IPWorks’ line of business spinout to Ericsson; and Sandburst’s line of business spinout to BlueSpec.
Professional Activities
Mark serves on the Board of Advisors of The New England Center for Children and is a member of the Boston Center for Community and Justice Lead Boston Class of 2007.
Professional Experience
Prior to joining Goodwin in 2005, Mark was a partner at Testa, Hurwitz & Thibeault in Boston, where he was a chair of the Business Practice Group.
Credentials
Education
JD1983
Harvard Law School
Artium Baccalaureus1980
Georgetown University
(magna cum laude)
Admissions
Bars
- Massachusetts
Recognition & Awards
Mark has been recognized by The Best Lawyers in America Best Lawyers for his work in Corporate Law, Mergers and Acquisitions Law and Venture Capital Law 2022-2023.
Mark has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business and Best Lawyers.
Publications
Mark is a frequent speaker on matters relating to entrepreneurship and venture capital, mergers and acquisitions and public offerings. He has lectured at Massachusetts Institute of Technology Sloan School, Boston University School of Management and Suffolk Law School courses on entrepreneurship and entrepreneurial finance and is the author of a chapter on negotiation and deal making for Inside the Minds: Leading Deal Makers.