Lawyer Bio : T. Clark Fitzgerald III

T. Clark Fitzgerald III

Atlanta

Clark Fitzgerald represents businesses and investment banking firms in IPOs and other public offerings, private placement financings, mergers and acquisitions, private equity and venture capital investments, strategic alliances, technology / licensing, and distribution agreements. He has been named a “Georgia Super Lawyer” by Atlanta Magazine on multiple occasions for his work in Corporate Finance.
 
Clark advises directors and executive officers on corporate governance, represents independent committees of the Board of Directors and assists board committees in internal investigations. He often represents shareholders in addressing shareholder disputes in both public and private companies. As part of his practice, Clark serves as Chairman of Womble Carlyle’s Public Securities Team.
 
During his more than 34 years in practice, Clark has advised multiple businesses and individuals, including:
 
  • Pharmaceutical, medical device, software, Internet web site hosting, telecommunications, financial institutions and other issuers in capital raising activities including initial and secondary underwritten public offerings, PIPEs, Rule 144A debt, and equity line offerings.
  • Private Equity and Venture Capital investors in fund creation, capital raises, investments, and divestitures.
  • Public and private businesses in mergers, acquisitions, and divestitures, strategic partnerships, distribution and licensing arrangements, and executive compensation arrangements and disputes.
  • NYSE, NASDAQ and AMEX listed companies on compliance with the Securities Exchange Act of 1934, Sarbanes-Oxley Act and listing requirements, including responses to formal and informal regulatory investigations and whistleblower activities.
  • Independent committees of the Board of Directors in responding to specific situations such as friendly and unfriendly takeover bids, shareholder activist activity, takeover preparedness, and shareholder derivative demands.
  • Whistleblowers in reporting actions that led to delisting and bankruptcy of a company listed on the NYSE.

Additional Biography Info

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Professional Activities

Bar Associations: State Bar of Georgia, Business Corporate Counsel Section, Intellectual Property and Technology Section; American Bar Association, Business Law Section.

Admitted to bar 1976, Georgia.  Admitted to practice before the Court of Appeals for the State of Georgia, Supreme Court for the State of Georgia, United States Court of Appeals for the Eleventh Circuit, United States Court of Appeals for the Northern District of Georgia.

Education

B.A., cum laude, 1972, Harvard; J.D., 1976, University of Virginia; M.B.A., 1976, University of Virginia.

Prior Legal Experience

Associate and Partner, Arnall Golden Gregory, Atlanta, Georgia, 1976-2006, Chairman, Securities & Corporate Governance Practice Team; Member, Technology Practice Team.  Summer Associate, Arnall Golden Gregory, Atlanta, Georgia, 1975.

Publications

Co-author of Kaplan's Nadler Georgia Corporations and Limited Partnerships (The Harrison Company, 1989 through 1996).