Mr. Fausten is a partner in Davis Polk’s Corporate Department, practicing in the Capital Markets Group. He represents a range of 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. Mr. Fausten also advises on governance, general corporate and securities law matters. He has experience across a range of industries, including biotech, consumer and retail, financial and technology, and oil and gas.
Mr. Fausten’s recent experience includes the following representations:
IPOs and Other Equity Offerings
- Initial public offerings by Hilton Worldwide Holdings, Synchrony Financial (a spinoff from a large corporate company’s North American retail finance business), Editas Medicine, Chimerix, Kala Pharmaceuticals and Sprouts Farmers Market
- Direct listing by Spotify Technology of its ordinary shares on the New York Stock Exchange
- Follow-on offerings or secondary equity offerings for Hilton Worldwide Holdings, Chimerix, Ensco and Sprouts Farmers Market.
- 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 PetSmart (in connection with its acquisition of Chewy), CF Industries, Hilton Worldwide Holdings and Hilton Grand Vacations (as part of a debt-for-debt exchange transaction in anticipation of its spinoff from Hilton Worldwide Holdings)
- Investment-grade debt offerings by Campbell Soup, V. F. Corporation, Beam, General Motors Financial Company, Johnson Controls International and Seagate Technology
- Convertible and exchangeable senior note offerings by Wayfair, Electronics for Imaging, Infinera, Fortive, Ensco and Molycorp
- Partner, Davis Polk since 2017
- Counsel, 2014-2017; Associate, 2007-2014, Davis Polk
- Solicitor, King & Wood Mallesons, 2003-2006