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 Abcam, Black Diamond Therapeutics, Chewy, Chimerix, Datadog, Editas Medicine, Freeline Therapeutics, Gates Industrial Corporation, Hilton Worldwide Holdings, Jamf Holding, Kala Pharmaceuticals, Nuvei Corporation, Sprouts Farmers Market and Synchrony Financial (a spinoff from a large corporate company’s North American retail finance business)
  • 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

Education

  • 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