Clients look to Mark Wiranowski for sound corporate and commercial counsel that makes good business sense. Whether on a complex transaction or a company’s first seed financing, he brings nuanced legal advice, an eye for strategy and a drive to get the deal done. Mark focuses on the communications, energy and information technology industries, representing a wide range of companies and investors in financings, mergers and acquisitions, project development, joint ventures, spin-outs, commercial transactions, infrastructure and technology transactions and licensing. He also acts as outside general counsel for a number of emerging companies.
Mark draws on a diverse wealth of professional experience – in finance, consulting, executive leadership training, non-profit development and even delinquent youth programs – to help him understand the business and interpersonal contexts for clients’ legal needs. It is why clients seek him out to handle novel transactions with complex features, including large capital investment, regulatory overlays, business and technology innovations, multiple parties and long-term relationships and assets.
- Represented a network developer in its $145,000,000 sale to a network construction company
- Represented a private equity fund in a $230,000,000 investment in an RDOF recipient Internet service provider
- Represented a network developer in a private equity joint venture for rural broadband with an initial capital commitment of $175,000,000
- Ongoing representation of national cable operator in nationwide macro and small cell wireless infrastructure buildout, and Colorado rural broadband buildout
- Represented a network developer in $166,000,000 design-build agreement
- Represented national wireless carrier in transaction to incentivize expedited clearing of C-band spectrum
- Represent national telecommunications company in rural fiber networks acquisition
- Represent rural Internet service provider in strategic transaction process
- Represented multiple developers in complete wired/wireless infrastructure development for state-of-the-art smart campuses and districts
- Represented infrastructure company for multiple right of way and pole attachment agreements with municipalities and utilities in multiple states
- Drafted legislation on behalf of national telecommunications company to provide statutory process to broaden rural electric coop easements for broadband use
- Represented technology company in multiple agreements for obtaining and providing supplementary data to public safety answering points (911)
- Represented multiple equipment manufacturers in developing consumer-facing terms of service and warranty terms; represented equipment manufacturer in exclusive distributor arrangement
- Represented technology company in commercial license agreement with mobile virtual network operator
- Represented investor-owned utility and its merchant affiliate in 60 MW wind development, 80 MW repowered wind acquisition and subsequent sale, 65 MW solar development rights acquisition and 200 MW solar power purchase agreement
- Represented another investor-owned utility in a unique long-term electric service arrangement with its largest industrial customer involving a 240 MW onsite solar development
- Represent developer in $70M waste heat recapture project at industrial facility
- Ongoing representation of several Fortune 100 telecommunications and technology companies in national transactions for sustainability, renewable energy procurement, virtual power purchase agreements, on-site solar, fleet vehicle electrification and energy efficiency installations
- Represent multiple investor-owned utilities in all community solar and distributed energy transactions
- Represent numerous energy- and sustainability-focused emerging companies
- Represented national telecommunications company in development of energy offerings to end-customers, including collaboration with solar developer and collaboration with home energy management vendor
- Represented multiple sellers in wholesale electric supply agreements with electric cooperatives
- Venture Capital and Emerging Companies
- Represented dozens of emerging companies in venture capital and private equity financings from $500k to $55M, including crowdfunding transactions
- Represented many companies (both buy-side and sell-side) in mergers and acquisitions, including acquisitions greater than $1B
- Represent emerging companies in novel transactions to implement new business models, including: agroforestry fund and investments in tree assets and farm operations; EV charging infrastructure development and finance on third-party commercial properties; startup small commercial solar lender for all credit documents; startup solar developer for installations on network of assisted living facilities; and factoring arrangement for tuition financing for EdTech company
- Advise founders, investors, boards of directors and companies on contractual rights and fiduciary duties in a variety of corporate situations, including formations, founder breakups, redemptions, restructuring of equity holdings and potential conflicts of interest
- Represent companies in commercial transactions involving term loans and lines of credit, factoring agreements, technology licensing, product development, data licensing and use, co-branding, joint marketing and sales, manufacturing, vendor and supply arrangements, distributor and reseller arrangements, exclusive partnerships, commercial real estate and equipment leasing and construction
- Recognized in Best Lawyers: Ones to Watch for Communications Law and Energy Law (2021-2023)
- Colorado Super Lawyers (2017-2022)
- “A Good Time to Double Down and Data Analytics and Network Capabilities,” Mark Wiranowski. Published in the Utilities Telecom Council Journal, Q4 2015.
- “Big Data: Opportunities and Constraints For Gas Utilities,” Mark Wiranowski and Susan Bergles. Presented at the American Gas Association Legal Forum, July 20, 2015.
- “Competitive Smart Grid Pilots: A Means to Overcome Incentive and Informational Problems” by Mark Wiranowski. (2012) Colorado Journal on Telecommunications and High Technology Law
Speeches and Presentations
- Teach “founder agreements” guest lecture for Entrepreneurial Law Clinic at University of Colorado Law School, annually since 2015
- “Structuring Solar and Storage Development Financing,” online Strafford Webinar, January 9, 2020
- “Structuring Solar Development Financing, Leasing and Operating Agreements for Commercial Properties,” online Strafford Webinar, January 25, 2018
- “Renewable Energy Contracts Workshop,” Kinetic workshop series, Nashville, TN, November 29-30, 2017
- “Renewable Energy Contracts Workshop,” Kinetic workshop series, Portland, OR, July 12, 2017
- “Renewable Energy Contracts Clinic,” course instructor, Golden, CO, October 13, 2016.
- “Drones and Utilities: Building the Business Case for Utilities,” Kinetic webinar series, panel moderator (with panelists from Exelon, San Diego Gas & Electric and PPL Electric Utilities), February 25, 2016.
- “Drones and Utilities: Policy and Regulations,” Kinetic webinar series, co-presenter with Rachel Wolkowitz, February 18, 2016.
- “Innovation on the Electric Grid,” moderator of panel at Denver Startup Week, October 2, 2015. Panelists included Xcel Energy, RES Americas, NREL Energy Systems Integration, Spirae, Vision Ridge Partners.