Marita A. Makinen Partner and Co-Chair, Transactions & Advisory Group, Chair, Mergers & Acquisitions

New York
T 212.419.5843 | F 973.535.3357



Marita brings insight, clarity, and “unbelievable attention to detail” (Chambers) to her transactional work for some of the world’s best-known brands. Her deals—whether buy-side or sell-side—frequently involve highly complex capital structures, intricate management incentives, talent retention issues, and protection of intellectual property. Marita’s ability to identify the impact of these issues while anticipating short- and long-term complications has led to a steady stream of significant transactions.

Concentrating on acquisitions and divestitures by public and growth-stage private companies, Marita counsels tech and consumer clients on a broad spectrum of corporate and securities issues. Clients value her long-term approach to relationships, describing her as a “company-focused” lawyer who sees each transaction within a larger strategic context.

For public companies, Marita advises in the areas of corporate governance and reporting obligations. Known for her astute interpretation of SEC rules and regulations, she provides practical disclosure advice grounded in a solid understanding of her clients’ business objectives. She advises on both routine public reporting matters and complex restatements and stock exchange rule compliance issues.

Marita is consistently recognized by Chambers USA and The Legal 500 (U.S.) as a leading corporate and M&A attorney. She recently represented Diligent Corporation in its cross-border take-private by Insight Venture Partners, and The Estée Lauder Companies Inc. in several global acquisitions.

Her principal areas of focus include:

  • Mergers and acquisitions 
  • Minority and control investments
  • Governance
  • Securities law and public reporting requirements

Representative Engagements

Represented The Estée Lauder Companies Inc. in its $1.45 billion acquisition of Too Faced, one of the fastest growing makeup brands in the specialty-multi and online categories.
Represented Revolution Lighting Technologies, Inc., a leader in advanced LED lighting technology solutions, in its underwritten offering of common stock.
Represented The Estée Lauder Companies Inc. in its acquisition of Luxury Brand Partners portfolio company BECCA Cosmetics, a high-growth prestige cosmetics brand offering innovative complexion products focusing on a diverse range of skin tones.
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Other Distinctions

  • Chambers USA: America's Leading Lawyers for Business (2012-2013) – Recognized as a leading Corporate/M&A attorney, described as “extremely knowledgeable” and praised by clients for her “unbelievable attention to detail” (2013). Clients have also said Marita is "very, very smart” and “works tirelessly to get the work done” (2012).

Speaking Engagements

  • Moderator, "Closing Deals around the World: Common Causes of Success and Failure," 2015 World Services Group Annual Meeting, September 9-11, 2015

  • Moderator, “Small & Mid-Cap Equity Compensation Plans: Get Yours Approved,” 2014 National Conference of the Society of Corporate Secretaries & Governance Professionals, Boston, Massachusetts, June 25-28, 2014

  • Panelist, "Private Companies: Governance & Boards," Society of Corporate Secretaries & Governance Professionals Essentials Seminar, Orlando, Florida, January 31, 2013

  • Panelist, "Investment Exits," National Venture Capital Association General Counsel Meeting, New York, New York, May 24, 2012

  • Moderator, "Private Companies: Going Public," Society of Corporate Secretaries & Governance Professionals Essentials of the Corporate Secretarial Function Seminar, Orlando, Florida, February 1-3, 2012

  • Panelist, "SEC Reporting in the Small/Mid-Cap Company," Society of Corporate Secretaries & Governance Professionals' 65th Annual National Conference, Colorado Springs, Colorado, June 23, 2011

Publications

Due Diligence in the Digital Age: What We’ve Lost
Corporate Counsel, December 10, 2015
Marita Makinen
Acqui-Hires for Growth: Planning for Success
2012 Venture Capital Review, 2012
Marita Makinen, Anthony Raymundo
President Signs JOBS Act
Corporate Finance Client Alert, April 5, 2012
Marita Makinen, Anthony Pergola, John D. Hogoboom
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Press Mentions

Lowenstein Sandler represented The Estée Lauder Companies Inc., one of the world’s leading manufacturers and marketers of quality skin care, makeup, fragrance and hair care products, in its acquisition of By Kilian, a Paris-based prestige fragrance brand. The acquisition creates a strategic opportunity for Estée Lauder to enhance its leadership in the ultra-luxury fragrance market. Terms of the deal were not disclosed. Led by partner Marita Makinen, the Lowenstein deal team includes Annie Nazarian Davydov, Kim Donnelly Rowe, Matt Savare, David Toma, Darren Goodman, Christine Osvald-Mruz, Megan Monson, Michael Walutes, Lesley AdamoMarc Lomasky and Manali Joglekar. , February 25, 2016
Lowenstein Sandler is advising Diligent Corporation, the leading provider of secure online collaboration and document sharing solutions, in its definitive agreement to be acquired by Insight Venture Partners, a leading global venture capital and private equity firm. Under the terms of the transaction, stockholders of Diligent, a New Zealand Stock Exchange listed company, will receive $US 4.90 in cash for each share of Diligent stock, a consideration which values Diligent at approximately $US 624 million, including cash. The transaction remains subject to customary closing conditions, including stockholder approval, and is expected to close in the second quarter of 2Q 2016. Diligent will be a privately-held company upon closing. The Lowenstein team included Marita Makinen, Michael Reinhardt, Victoria Rutwind, Randall Dorf, Marc Lomasky, James Gregory, Darren Goodman, Michael Walutes, Lesley Adamo, Matthew Savare, Lisa Harvey, Lowell CitronTheodore Sica and Michael Brosse. , February 14, 2016
Lowenstein Sandler is representing The Estée Lauder Companies Inc. in its investment in Have & Be Co. Ltd., the South Korean company behind skin care brands Dr. Jart+ and Do The Right Thing. The investment is anticipated to create a strategic opportunity to develop a partnership with one of Korea’s most promising high-growth skin care brands. Terms of the investment have not been disclosed and the deal is expected to close in December. The Lowenstein deal team included Marita Makinen, Jonathan Goodman, Randy Dorf, Kimberly Donnelly Rowe, David Lifshitz, Marc Lomasky, Brandon Greenblatt, Matt Savare, Darren Goodman, Christine Osvald-Mruz, Michael WalutesLesley Adamo and Amiad Kushner. , October 26, 2015
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Related Areas

Capital Markets & Securities
Corporate
Corporate Governance & Compliance
Life Sciences
Mergers & Acquisitions
The Tech Group
Transactions & Advisory Group

Education


Columbia University School of Law ( J.D. , 1993 ) , Senior Articles Editor, Columbia Business Law Review; Harlan Fiske Stone Scholar; Olin Junior Fellow in Law and Economics
Michigan State University ( B.A. ) , cum laude; Phi Beta Kappa

Bar Admissions


New York