Related Practices

Admitted to Practice

California, 2001

Mark J. Fumia

Partner

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San Francisco

T415.276.6548

F415.276.6599

Mark Fumia focuses his practice on the representation of emerging and established private and public companies, as well as venture capital, private equity, and strategic investors. He advises his clients in corporate structuring, formation and governance and compliance matters, mergers and acquisitions, joint ventures, partnerships, securities, private equity, intellectual property, and project development and finance. Mark negotiates and drafts a variety of strategic business and commercial agreements in support of his clients’ businesses, including, licensing and development agreements, services, exclusivity and supply agreements, sales and vendor agreements, confidentiality, non-disclosure and consulting agreements.

Representative Experience

Venture Capital

Mobile payments

Represented non-bank affiliate of major US financial institution in its Series A investment in mobile payments company.

Four Rivers Partners

Represented Four Rivers in numerous venture capital investments, including its investments in Carbonite (online backup software), Availink (fabless IC design), Sabrix (tax management software), and Satmetrix (cloud software).

Entropy Research Labs

Represented Entropy Research in its venture capital investments in Trick Play (applications for HD televisions) and Connora Technologies (chemical design).

Entropy Resins

Represented Entropy Resins in its technology asset spin-off transaction and Series A financing (bio-epoxy resin systems).

Fabless IC Design Company

Represented a fabless IC design company in a spin-off of assets from an existing company; and Series A Preferred Stock financing by a Cayman Islands holding company with a subsidiary operating in Shanghai, China.

MEMS Company

Represented Silicon Valley venture fund in its Series C investment in company developing MEMS-based timing products.

Audio Technologies

Represented company developing audio technologies and products in its Series C investment from venture capital fund.

Mergers & Acquisitions/Joint Ventures

California Pacific Electric Company

Represented California Pacific Electric Company in its $130 million acquisition of electric utility assets from affiliate of NV Energy.

OnFiber Communications

Represented OnFiber Communications in its $110 million acquisition by Qwest Communications.

NextWeb

Represented NextWeb in its acquisition by Covad Communications.

Acquisition of business for private equity-backed company

Represented a privately held company in the acquisition of a travel club business from a public company.

AltaGas

Represented affiliate of AltaGas Ltd. in its project development joint venture with Black Hills.

Private Equity

New Evolution Ventures

Represented New Evolution Ventures in restructuring and debt financing of portfolio company.

Secondary investment transactions for private equity fund

Representation of secondary-direct fund(s) in multiple transactions involving purchase and sale of investment positions from officers and key investors in technology companies seeking liquidity prior to exit event.

Geothermal Development Company

Represented geothermal energy development company in its $130 million investment from two private equity funds.

Asset Finance

Project Finance for Chinese Bank

Represented a Chinese bank in connection with its $600 million loan to an upstream gas development and liquefaction facility located in Papua New Guinea.

Commercial

Commercial agreements for energy and clean-tech clients

Negotiated and drafted a variety of commercial agreements on behalf of renewable energy generators and other independent power producers, including agreements for the purchase and sale of power, capacity, and related attributes, operation and maintenance agreements, transmission agreements, engineering and procurement agreements, and development agreements.

Additional Qualifications

Associate, Seyfarth Shaw LLP, San Francisco
Associate, Gunderson Dettmer Stough Villeneuve Franklin & Hachigian LLP, Menlo Park, Calif.

Professional & Community Activities

San Francisco Bar Association
Lester Center for Entrepreneurship & Innovation, University of California, Berkeley
Power Association of Northern California (PANC)