Mark Whitney is Of Counsel in the Sacramento office of Boyden, Cooluris, Livingston & Saxe PC. Mark’s current practice focuses on business transactions, mergers and acquisitions, contracts, corporate governance and real estate transactions.

Mark is a corporate and real estate attorney with extensive experience in mergers and acquisitions, corporate governance, contract negotiation and drafting, and managing litigation. Mark served as the General Counsel and Secretary of GenCorp Inc. (NYSE:GY) from 2003 to 2009, and Senior Corporate Counsel with Tyco International Ltd. from 1996 to 2003.

While at GenCorp, Mark closed the sale of two major business segments, representing revenue of approximately $1 billion. He regularly advised the Board of Directors, Board Committees, and senior management regarding various legal and strategic matters, including corporate governance matters. He directed all legal aspects of the Company’s divestitures and acquisitions and managed outside counsel on significant litigation, including toxic torts, environmental matters, and insurance claims. He successfully obtained multi-million dollar recoveries against insurance carriers attempting to deny coverage in various matters. He negotiated and drafted commercial contracts, real estate leases, power purchase agreements, transition agreements, access agreements, consulting agreements, purchase agreements, and non-disclosure agreements. He also prepared and reviewed ’34 Act securities filings, including 10K, 10Q, 8K, and proxy statements, and supported the finance and treasury departments, by, among other things, reviewing documentation for bank agreements, a $130 million public equity offering, and two private placement debt offerings totaling approximately $275 million.

At Tyco, Mark closed over 160 private and public acquisitions ranging in size from $100 thousand to $9.5 billion. He also closed Tyco’s $750 million asset and stock acquisition of an electronic connector business, involving 20 simultaneous domestic and international closings. He represented Tyco in all legal aspects of acquisitions, including conducting due diligence, negotiating and drafting acquisition documentation, coordinating Hart-Scott-Rodino, European Commission, Canadian Competition Act, and other antitrust filings, and resolving post-closing disputes. He also negotiated, drafted, and reviewed commercial contracts, including construction contracts, real estate leases, employment agreements, consulting agreements, distribution agreements, and supply agreements.

Mark earned his Bachelor of Arts in Economics from Bowdoin College in Brunswick, Maine and his Juris Doctorate from Franklin Pierce Law Center in Concord, New Hampshire. Mark is admitted to practice law in California, Massachusetts, New Hampshire, and Maine. Mark lives in East Sacramento with his wife and three kids.