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Marcel Fausten


Advises U.S. and non-U.S. corporate and financial institution clients on a wide variety of public and private capital markets transactions.

Marcel represents U.S. and non-U.S. corporate and financial institution clients on a wide variety of public and private capital markets transactions, including initial public offerings and other equity offerings, high-yield and investment-grade debt financings, equity-linked offerings, and liability management and debt restructuring transactions. Marcel also advises on governance, general corporate and securities law matters.

He is ranked in capital markets by Chambers USA, where he is described by clients as “incredibly responsive” and an adviser who “thinks through issues.”

He has experience across a range of industries, including biotech, healthcare and life sciences, consumer products and retail, financial services, technology and energy.

Experience highlights

IPOs and Other Equity Offerings
  • Direct listing by Spotify Technology of its ordinary shares on the New York Stock Exchange
  • Initial public offerings by Abcam, a.k.a Brands, Bausch + Lomb, Black Diamond Therapeutics, Chewy, Chimerix, Datadog, Editas Medicine, Freeline Therapeutics, Gates Industrial Corporation, Hilton Worldwide Holdings, Integral Ad Science, Iris Energy, Jamf Holding, Kala Pharmaceuticals, Krispy Kreme, Nuvei Corporation, Sprouts Farmers Market and Synchrony Financial (a spinoff from a large corporate company’s North American retail finance business)
  • Follow-on offerings or secondary equity offerings for Hilton Worldwide Holdings, Chimerix, Ensco, FuelCell Energy, Jamf Holding, Owens & Minor, Sprouts Farmers Market and Restaurant Brands International
  • Representations of issuers and private placement agents in connection with numerous pre-IPO private placements and PIPE transactions
High-Yield and Investment-Grade Debt
  • Secured and unsecured high-yield debt offerings by Avaya, Frontier Communications, Great Canadian Gaming Corporation, Intelsat Jackson Holdings, PrimeSource, Grubhub, Tripadvisor, Windstream, Macy’s, PetSmart, CF Industries, Hilton Worldwide Holdings, Hilton Grand Vacations (as part of a debt-for-debt exchange transaction in anticipation of its spinoff from Hilton Worldwide Holdings), Clear Channel Outdoor Holdings, iHeartCommunications and Owens & Minor
  • Investment-grade debt offerings by 7-Eleven, Campbell Soup, V. F. Corporation, Beam, General Motors Financial Company, Johnson Controls International and Seagate Technology
  • Exit and DIP-to-exit financings by Frontier Communications, PG&E Corporation and Windstream
Equity-Linked Offerings
  • Convertible and exchangeable senior note offerings by Wayfair, Electronics for Imaging, Infinera, Fortive, Ensco, Molycorp and Ligand Pharmaceuticals
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Your 2023 Form 10-K roadmap

Preparing for a potential SEC shutdown



Chambers USA – Capital Markets: Debt & Equity: Eastern United States

Legal 500 U.S. – Capital Markets: High-Yield Debt Offerings, Next Generation Partner


LL.M., New York University School of Law
B.Eng., University of Melbourne
  • with honors
LL.B., University of Melbourne Law School
  • with honors

Professional history

  • Davis Polk since 2007
  • Solicitor, King & Wood Mallesons, 2003-2006

Qualifications and admissions

  • High Court of Australia
  • State of New York
  • Supreme Court of Victoria
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