Marcel Fausten
  1. Partner

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.

Work Highlights

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), Chewy, Gates Industrial Corporation, Datadog, Black Diamond Therapeutics, 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, 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 PetSmart (in connection with its acquisition of Chewy), 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), Macy’s, Clear Channel Outdoor Holdings and iHeartCommunications
  • Investment-grade debt offerings by Campbell Soup, V. F. Corporation, Beam, General Motors Financial Company, Johnson Controls International and Seagate Technology
Equity-Linked Offerings
  • Convertible and exchangeable senior note offerings by Wayfair, Electronics for Imaging, Infinera, Fortive, Ensco, Molycorp and Ligand Pharmaceuticals

Professional History

  • Partner, 2017-present
  • Counsel, 2014-2017
  • Associate, Davis Polk, 2007-2014
  • Solicitor, King & Wood Mallesons, 2003-2006

Practice Focus

Bar Admissions

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


  • B.Eng., University of Melbourne, 2001
    • with honors
  • LL.B., University of Melbourne Law School, 2001
    • with honors
  • LL.M., New York University School of Law, 2007