Mark J. DiFiore
  1. Partner
  1. New York
+1 212 450 4882

Mr. DiFiore is a partner in Davis Polk’s Corporate Department, practicing in the Derivatives & Structured Products Group. He advises financial and corporate clients on the structuring, negotiation and execution of a wide range of equity-linked transactions, including public and private optional and mandatory convertible securities offerings and related derivatives transactions, margin loans secured by positions in public companies, accelerated share repurchase programs, and various hedging and monetization transactions implemented through equity derivatives.

Mr. DiFiore is ranked as “Up and Coming” Capital Markets lawyers nationwide in Chambers USA, where he is described by clients as an "extremely talented" derivatives lawyer.

Work Highlights

Mr. DiFiore’s transactional experience includes the following representations:

  • Issuers and underwriters or initial purchasers on optional and mandatory convertible or exchangeable securities offerings of various structures (e.g., optionally convertible or exchangeable debt securities, mandatory convertible preferred stock, equity units and tangible equity units)
  • Issuers and dealers in connection with various derivatives entered into in connection with a convertible securities offering (e.g., call spread, capped call and forward repurchase transactions)
  • The largest structured margin loan on a publicly traded underlying security
  • Issuers and dealers in connection with accelerated share repurchase programs
  • Dealers in connection with various hedging, monetization and accumulation transactions, such as covered calls, collars, variable prepaid forwards, swaps and put/call combinations
  • Dealers and underwriters in connection with SEC-registered forward sale transactions

Recognition

  • IFLR Americas – "Rising Star – Capital Markets," 2020

Professional History

  • Partner, 2018-present
  • Associate, 2011-2018

Practice Focus

Bar Admissions

  • State of New York

Education

  • B.A., Mathematics and Financial Economics, University of Rochester, 2008
    • magna cum laude
    • Phi Beta Kappa
  • J.D., Fordham University School of Law, 2011
    • magna cum laude
    • Order of the Coif
    • Associate Editor, Fordham Law Review