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Marion Giliberti Barish

Partner

marion.barish@morganlewis.com

Boston Phone +1.617.951.8801 Fax +1.617.345.5044

One Federal St.//Boston, MA 02110-1726//United States

Marion Giliberti Barish represents lenders and borrowers in financing transactions relating to mutual funds, hedge funds, and other private equity funds. Marion also represents entities in connection with structured finance transactions, including the use of various types of derivatives, and advises entities in connection with debt trading, both with respect to par and distressed debt trades. Her practice includes the representation of hedge funds, investment advisers, private equity sponsors, banks, surety companies, insurance companies, finance companies, and other financial institutions as well as corporate, limited liability company, partnership, and other types of borrowers in connection with a wide variety of financing transactions.

Marion has represented both borrowers and financial institutions in connection with the financing of mutual funds, hedge funds, venture funds, and other investment vehicles and has advised clients with respect to par and distressed debt trading, both in the United States as well as foreign jurisdictions. In addition, she has experience in cross-border financing transactions and has represented financial institutions in many international secured financing transactions. Marion also represents lenders and borrowers in a large variety of areas, including investment management, technology and energy. She represents various financial institutions in providing DIP facilities, including surety facilities, and is knowledgeable in domestic and international acquisition financing, leveraged recapitalizations, asset-based transactions, real estate–based financings, and tender offer financings.

Marion’s recent matters have involved the representation of hedge funds in connection with obtaining financing and transactions involving other credit products as well as the representation of certain lenders and other credit providers in providing financing and structured products to mutual funds and hedge funds. Other recent matters include representing private equity funds and private and public companies in connection with acquisitions and recapitalizations and for working capital purposes as well as the representation of certain financial institutions providing DIP financings to debtors. Marion has represented mutual funds, private equity funds and venture funds in connection with their financing needs as well as other borrowers in connection with working capital lines, acquisition financings, mezzanine financing, “Term B” financing, DIP financings, recapitalizations and leveraged transactions, including leveraged buyouts.

Marion is an adjunct professor at Suffolk University School of Law, where she teaches a bank finance practicum. Before joining Morgan Lewis, Marion was a partner in the investment management practice of another international law firm.

Awards and Affiliations

Member, Best ETF Law Firm, ETF Express US Awards (2021)

Member, Practice Group of the Year, Asset Management, Law360 (2017)

Recommended, The Legal 500 US (2016)

Admissions

  • Massachusetts

Education

  • Boston University, 1987, Bachelor of Arts
  • Boston University, 1987, Bachelor of Science
  • University of California, Hastings College of the Law, 1990, Juris Doctor

Sectors

  • Investment Funds
  • Banking

Services

  • Investment Management
  • Registered Funds

Events

5/10/2022 - Track 1: Operations
5/10/2022 -
2022 Advanced Topics in Hedge Fund Practices Conference
1/19/2022 - Morgan Lewis Global Sponsor Forum: Trends In Private Fund Financings
6/11/2019 - 2019 Morgan Lewis Advanced Topics in Hedge Fund Practices Conference: Manager and Investor Perspectives
6/12/2018 - 2018 Morgan Lewis Advanced Topics in Hedge Fund Practices Conference: Manager and Investor Perspectives
10/5/2017 - 2017 Annual Private Fund Investors Roundtable

News

Summer 2020 - The Main Street Lending Program: Much Ado About Very Little?, Loans Magazine
8/15/2019 - Current Trends and Issues in Hedge Fund Direct Lending, Hedge Fund Law Report
2/2/2018 - Morgan Lewis Advises Bunker Hill Capital in Sale of Rizing to One Equity Partners
11/9/2016 - Morgan Lewis Represents China Life in $940M Investment in Platform to Acquire Hotel Portfolio
3/23/2016 - Morgan Lewis Advises Bunker Hill Capital in Sale of Smith & Wollensky to Danu Partners
12/10/2015 - Morgan Lewis Advises PaxVax, Inc. in $105M Investment by Cerberus Capital Management
6/29/2015 - Morgan Lewis Advises Bunker Hill Capital in ASPEQ Heating Group Majority Equity Interest Purchase
6/17/2015 - Morgan Lewis Advises Argyle Executive Forum in its Sale of a Majority Equity Interest

Publications

June 10, 2020 (Updated February 2, 2021) - Main Street Lending Program