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Mark I. Fisher

New York Office

Mark I. Fisher’s practice encompasses a broad range of transactional, corporate and securities matters. He has represented investors, issuers, underwriters and placement agents in billions of dollars of public and private placements of debt and equity securities, including initial public offerings (IPOs) and private investment in public entity transactions (PIPEs), and has extensive experience in representing real estate investment trusts (REITs). He has also represented issuers in connection with rollups of limited partnerships into master limited partnerships and conversions of limited partnerships into REITs.

Mark has significant experience in advising both sides in consensual and contested merger and acquisition (M&A) transactions including mergers, tender offers, exchange offers and proxy statements. A portion of his practice is devoted to counseling investment managers and public companies on securities regulatory compliance.

Mark’s clients include Deerfield Management, a leading health care investment organization, Winthrop Realty Trust, an NYSE-listed REIT, and US Realty Advisors, a financial services firm specializing in net leased real estate investments and advisory services. Mark has represented Deerfield in transactions involving investments aggregating more than $1.6 billion in public and private biotechnology companies.

Prior to joining Katten, Mark served as law clerk to Judge Harold R. Medina of the US Court of Appeals for the Second Circuit.

Shown below is a selection of Mark’s engagements.

  • Representation of Deerfield Management in investment transactions with Discovery Laboratories, Inc.; Pacific Biosciences of California, Inc.; WorldOne, Inc.; Mako Surgical Corp.; Tengion, Inc.; Flamel Technologies SA.; Arena Pharmaceuticals, Inc.; Array Biopharma Inc.; BioHorizons, Inc.; WaferGen Bio-systems, Inc.; iCad, Inc.; Titan Pharmaceuticals, Inc.; Ista Pharmaceuticals, Inc.; Tesaro, Inc.; Talon Therapeutics, Inc.; Cytokinetics, Incorporated; Exelixis, Inc.; Neurometrix, Inc.; Insulet Corporation; Rockwell Medical Technologies, Inc.; Zymogenetics, Inc.; Vivus, Inc.; Dynavax Technologies Corporation; and Middlebrook Pharmaceuticals, Inc.
  • Representation of Winthrop Realty Trust in three separate shareholder rights offerings that raised more than $100 million.
  • Representation of the group of underwriters led by Merrill Lynch & Co. in a $155 million public offering of preferred stock of Lexington Realty Trust, an NYSE-listed REIT.
  • Representation of group that acquired controlling interest in Winthrop Realty Trust through a tender offer and purchase of newly issued shares.
  • Representation of Newkirk Realty Trust in a $240 million public offering of common stock.
  • Representation of the buyer in connection with the acquisition of all of the outstanding stock of NitroMed, Inc., a NASDAQ-traded company.
  • Representation of Concord Debt Holdings, a joint venture of Winthrop Realty Trust and Lexington Realty Trust, in a $465 million collateralized debt offering.
  • Representation of the placement agents in a $300 million Rule 144A offering of exchangeable guaranteed notes of The Lexington Master Limited Partnership.
  • Representation of Winthrop Realty Trust in private offerings of $100 million of convertible redeemable preferred shares.
  • Representation of Newkirk Realty Trust, an NYSE-listed REIT, in its $4.6 billion merger with Lexington Realty Trust.
  • Representation of Winthrop Realty Trust in underwritten public offerings of more than $300 million of senior notes, preferred shares and common shares.


Super Lawyers, New York, 2007
Mark I. Fisher


  • LLB, Columbia Law School, cum laude, Harlan Fiske Stone Scholar
  • BBA, The City College of The City University of New York, magna cum laude

Bar Admissions

  • New York


Super Lawyers
New York, 2007
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  • Town of Harrison, New York, Board of Zoning Appeals, Chairman
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