John Mark Zeberkiewicz

Director

One Rodney Square
920 North King Street
Wilmington, Delaware 19801
302.651.7698 - direct
302.498.7698 - fax
302.299.0503 - other
zeber@rlf.com
Download vCard

Assistant Contact

Tina Innis
302.651.7693 - direct
innis@rlf.com

John Mark Zeberkiewicz focuses his practice on transactional matters involving Delaware corporations, including mergers and acquisitions, corporate governance, and corporate finance. He also has particular expertise in Delaware law regarding nonstock corporations, having served on the drafting subcommittee responsible for the 2010 nonstock amendments to Delaware's General Corporation Law.

A director in the firm's Corporate Department, John Mark has given several presentations on recent developments in Delaware corporate law and practice.  He has published numerous articles in the field of corporate governance and mergers and acquisitions.  His recent publications include:

"Revisiting the Special Committee Process: 'In re Southern Peru Copper Corporation,'" BNA's Corporate Counsel Weekly, Nov. 30, 2011
"Valid Issuance of Capital Stock," The Review of Securities & Commodities Regulation, Sept. 2011.
"Fair Summary II: An Update on Delaware's Disclosure Regime Regarding Fairness Opinions," Business Lawyer, August 2011
"Chancery Court Addresses Revlon Duties and Deal Protection Measures in Small-Cap Transaction," Delaware Business Court Insider, May 11, 2011
"Reviewing the Standards of Review in Delaware," Insights, March 2011
"New Day for Nonstock Corporations: The 2010 Amendments to Delaware's General Corporation Law," Business Lawyer, Feb. 2011
"An Overview of Delaware-Specific Issues for Stockholders' Meetings," The Review of Securities & Commodities Regulation, Nov. 2010
"Poison Pills - How Effective Is Too Effective?" The M&A Lawyer, Sept. 2010
“Amendments to Delaware General Corporation Law,” Insights, June 2010
“Prediction Protection: The Delaware Supreme Court’s Amylin Footnote,” Insights, Nov. 2009
“Destaggering with Class: A Plan for Potential Targets in Troubled Times,” Corporate Governance Advisor, Nov./Dec. 2009
“The Delaware and SEC Proxy Access Regimes,” The Review of Securities & Commodities Regulation, Oct. 7, 2009
“Stockholder Ratification:  A Review of the Benefits and Burdens,” Bloomberg Law Reports, Feb. 2009
“The Right Protection: More on Advancement and Indemnification,” The Review of Securities & Commodities Regulation, Dec. 2008
“Commanding Officers: The Fiduciary Duties of Officers under Delaware Law,” Insights, June 2008
“Fair Summary: Delaware’s Framework for Disclosing Fairness Opinions,” Business Lawyer, May 2008
“Dealing with Dissidents: Vote-Buying and Management Slates,” Insights, Apr. 2008
“The Implications of Netsmart for Private Companies,” Insights, Jan. 2008
“Winning the Class Struggle: Acquirer Strategies for Declassifying Classified Boards,” Corporate Governance Advisor, Jan./Feb. 2008
“Finding Safe Harbor: Clarifying the Limited Application of Section 144,” The Delaware Journal of Corporate Law, 2008
“No Surprises: The Mandatory Nature of Mandatory Advancement and Indemnification,” Corporate Governance Advisor, Nov./Dec. 2007
“The Price of Remorse: Paying Reverse Termination Fees to Excuse Performance,” Insights, Oct. 2007
“Paying for the Privilege of Independence: Termination Fees Triggered by ‘Naked No Votes,’” Insights, Sept. 2007
“The Shops Are Open: Delaware’s New Take on Go-Shop Provisions under Revlon,” Insights, July 2007
 

Representative Experience

  • Representation of a for-profit education provider in connection with the valid issuance of its shares prior to its initial public offering
  • Representation of a board of directors of a small-cap software company in connection with the adoption of its tax benefit preservation rights plan and the triggering of the rights under the plan
  • Representation of special committee of majority-controlled media company in connection with proposed restructuring
  • Representation of special purpose acquisition company in connection with vote required to amend its certificate of incorporation
  • Representation of pharmaceutical company in connection with the declassification of its board of directors
  • Representation of telecommunications company in connection with the review of its indemnification arrangements
  • Representation of financial services company in connection with its adoption of an advance notice bylaw
  • Representation of mid-cap public company in connection with all-cash acquisition in competitive bidding situation
  • Representation of composites company in connection with the payment of a significant dividend to the stockholders of the company from the proceeds of a new credit facility
  • Representation of major retailer in connection with asset purchase agreement, including legal opinion whether the asset sale required a stockholder vote under Delaware law
  • Representation of media company regarding validity under Delaware law of stockholder proposal submitted pursuant to Rule 14a-8 under the Exchange Act
  • Representation of publishing company in connection with restructuring, including issuance of legal opinions regarding validity of certain provisions of the certificates of incorporation of wholly owned subsidiaries

Professional and Community Activities

  • Director, William E. Proudford Sickle Cell Fund, Inc.

Pro Bono Activities

  • Pro Bono Counsel, Mothers2mothers International, Inc.

Site Search

Advanced Search >>

Practice Areas

Education

  • J.D., cum laude, University of Pennsylvania Law School
  • B.A., magna cum laude, University of Delaware, Phi Beta Kappa

Admitted to Practice

  • Delaware
  • New York