Barclay Damon
Barclay Damon

Mark C. Smith

Mark C. Smith

Associate

p: 716-566-1550

f: 716-566-4046

icon_email mcsmith@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Mark Smith is a member of the firm's Corporate and Financial Institutions & Lending Practice Areas.

Prior to joining the firm, Mark was an associate at Harter Secrest & Emery where he supported their corporate, mergers & acquisitions, and restructuring & securities practice areas. Previously to that, he was an associate at DLA Piper in New York where he focused on bankruptcy and financial restructuring matters.

Mark received his law degree from SUNY Buffalo Law School, where he was awarded the Dean's Scholarship and the Mary Nisbett Promise Prize. He received both his undergraduate and master's degrees from Alfred University, where he was a starting member of the Alfred Saxons varsity football.

He is admitted to practice in each federal district and bankruptcy court in New York State and is a member of the Black Bar Association, Erie County Bar Association and Minority Bar Association of Western New York.

Mark is a member of the Delta Sigma Phi, Alpha Zeta Chapter.

Representative Experience

  • Representing PCB Piezotronics, a designer and manufacturer of sensors used by scientists and engineers, in the sale of PCB for $580 million.
  • Provide advice and counsel to colleges and universities in connection with research and development and state regulatory issues related to owned intellectual property. 
  • Provide advice and counsel to colleges and universities in connection with partnerships and affiliations with both public and private entities and reviewed and drafted various related governing contracts. 
  • Provide guidance and assistance on higher education regulatory issues and investigations and related contract issues including compliance counseling for not-for-profit organizations with locations on college and university campuses.
  • Provide advice and counsel to colleges and universities in connection with tenure, terminations, separation agreements, employment agreements and appointments.
  • Represented FDIC in chapter 11 bankruptcy of Washington Mutual Bank, N.A.
  • Successfully represented creditors in chapter 11 cases regarding significant bond issuance claims and environmental matters.
  • Represented publicly traded healthcare client on numerous acquisitions and transactions involving healthcare/hospital facilities throughout the U.S., ranging between $10-500 million.
  • Assisted Canadian counsel in successfully challenging implementation of import/export regulation related to food products, resulting in delayed enactment of federal regulatory guidelines.
  • Represented numerous local/regional community banks in shelf offerings, sales of consumer loan pools in secondary market and various other securities and bank regulatory/compliance matters.
  • Regularly represents large corporate clients in handling merger and acquisition transactions.
  • Assisted in the representation of numerous domestic and foreign corporate clients in handling mergers and acquisitions (buy and sell side), involving cross-border, healthcare, securities and other regulatory issues.
  • Regularly represents multi-national, national and regional corporations in complex contract dispute and negotiation matters.
  • Has been involved in counseling various multi-national corporations seeking to limit exposure of corporate assets to various liabilities on general restructuring strategies and potential multi-jurisdictional issues related to same.
  • Represented hedge fund in successful prearranged reorganization of corporation involving complex issues surrounding natural gas leases and rights offering.
  • Regularly assists Canadian and other foreign individuals incorporate and qualify corporate entities within various U.S. jurisdictions.
  • Regularly counsels large closely-held corporations with respect to governance issues, board fiduciary duties, shareholder rights and potential freeze-out, squeeze-out and recapitalization options available in contemplation of sale transactions.
  • Representation of Federal Deposit Insurance Corporation with respect to multi-million and multi-billion dollar disputes in several bank failures and bankruptcies of affiliate/holding companies, including Washington Mutual (Delaware, Texas and District of Columbia), Taylor, Bean & Whitaker Mortgage Company (Florida) and Colonial Bank (Alabama)
  • Represented several constituent groups domestic and several constituent groups of international creditors/creditor constituents in multi-million dollar matters related to reorganization of Lehman Brothers, et al.

Practice Areas

Education

  • SUNY Buffalo Law School, J.D., Dean's Scholarship, Mary Nisbett Promise Prize, 2007
  • Alfred University, M.A., 2004
  • Alfred University, B.A., 2003

Admitted To Practice

  • New York, 2010
  • U.S. District Court, Western District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Bankruptcy Court, Western District of New York
  • U.S. Bankruptcy Court, Southern District of New York
  • U.S. Bankruptcy Court, Eastern District of New York

Memberships & Affiliations

  • Rochester Black Bar Association, former Parlimentarian
  • Western New York Minority Bar Association
  • Erie County Bar Association

Civic Activities

  • Turn Around Management Association of Upstate New York
  • United Way AALDP Leadership Development Program

Prior Experience

  • Hiscock & Barclay, LLP, Associate
  • Harter Secrest & Emery LLP, Associate
  • DLA Piper LLP, Associate