FacultyFaculty/Author Profile
Mark D. Gerstein

Mark D. Gerstein

Latham & Watkins LLP

Chicago, IL, USA

Mark D. Gerstein is a global Chair of Latham & Watkins' Mergers and Acquisitions Practice.


Mr. Gerstein's practice focuses on mergers and acquisitions, both in the US and globally, corporate governance (including in the restructuring context) and takeover defense planning. He has frequently represented special committees of boards of directors, bidders and financial advisors in going-private and other conflict of interest transactions. His experience also includes advancing and defending both friendly and unsolicited tender offers and he has similarly represented both insurgents and management in proxy contests for the control of public companies.

Mr. Gerstein has provided mergers and acquisitions counseling to numerous public and private companies, including A.O. Smith, Delphi Automotive, GATX Corporation, Host Hotels and Resorts (a public REIT), IDEX Corporation, Koch Industries, Libbey Inc., Orbitz Worldwide Inc., QEP Resources, Inc., Simon Property Group and The Toro Company. Mr. Gerstein also advises lenders and financial advisors in financial and strategic acquisitions.

Mr. Gerstein served as an adjunct faculty member of the Northwestern University School of Law and he serves on the executive committee of Northwestern University’s Ray Garrett Jr. Corporate and Securities Law Institute and was the chair of its 2007 program.

Mr. Gerstein serves on the Board of Trustees of Ravinia Festival and is a current member and past Chair of the Board of Directors of Youth Guidance, which serves at-risk children in the Chicago Public Schools.


Mr. Gerstein’s M&A transactions include:

  • US$13 billion merger of equals between FMC Technologies and Technip, a France-based designer and developer of offshore oil and gas processing facilities, via the EU cross-border merger regime
  • Koch Industries, Inc.’s US$22 billion acquisition of Georgia-Pacific Corp., the second largest going-private in US history
  • Sirona Dental Systems, Inc. in its US$13+ billion merger of equals with DENTSPLY International Inc.
  • The Special Committee of the Board of Directors of the Chicago Board of Trade in connection with its US$12 billion merger with the Chicago Mercantile Exchange (including the intervening unsolicited offer from the International Commodities Exchange)
  • The US$10 billion acquisition by Energy Transfer Equity, L.P., of Southern Union Company, a diversified natural gas company
  • Koch Industries in its US$7.2 billion acquisition of Molex Incorporated, a designer and manufacturer of electronic components
  • The acquisition by affiliates of Koch Industries of INVISTA from DuPont in a US$4.4 billion transaction
  • Host Marriott Corporation’s US$4.1 billion acquisition of Starwood Hotels’ REIT and related properties
  • Globe Specialty Metals in its US$3.1 billion merger of equals with Grupo FerroAtlantica to create a leading international silicon and specialty metals producer
  • CNH Global N.V., an agricultural and construction equipment company in the US$3 billion acquisition by Fiat Industrial SpA
  • Orbitz Worldwide, Inc. in its US$1.6 billion sale to Expedia
  • Delphi Automotive, an automotive parts manufacturer, in its US$727 million sale of its thermal systems business to MAHLE


JD, University of Chicago Law School, 1984

BA, University of Michigan, 1981

Bar Qualifications

Illinois, New York

Recognition Highlights

Recognized as a Law360 MVP for recent accomplishments and notable legal work in M&A. Law 360

Ranked as a leading Corporate/M&A lawyer. Chambers USA

Hailed as a “superb negotiator" and "a great communicator with phenomenal commercial skills." Chambers USA

Ranked in Band 1 and commended by clients for being "among the best M&A lawyers out there" and peers are also quick to acknowledge that "he clearly has a lot of strength." Chambers USA

"Strongly recommended" for his work in M&A. The Legal 500 US

"Prepares clients thoroughly for what is about to occur, anticipates all of our needs and is there for us every step of the way. His knowledge, skill and creativity contributes significantly to the success of the deal." The Legal 500 US

Mark D. Gerstein is associated with the following items:
CHB Chapters  CHB Chapters The Resilient Rights Plan: Recent Poison Pill Developments and Trends (July 2016) - Hot Topics in Mergers & Acquisitions 2016, Friday, September 30, 2016

  • twitter
  • LinkedIn
  • GooglePlus
  • RSS

All Contents Copyright © 1996-2017 Practising Law Institute. Continuing Legal Education since 1933.

© 2017 PLI PRACTISING LAW INSTITUTE. All rights reserved. The PLI logo is a service mark of PLI.