Clark Fitzgerald’s clients appreciate the creative, measured, but aggressive, approach he has developed from decades of legal experience handling complex business deals and securities matters.

Clark represents businesses in mergers and acquisitions, strategic alliances, technology/licensing, distribution agreements, IPOs and other public offerings, private placement financing's, private equity and venture capital investments, and regulatory disclosure requirements, including those set out in the NYSE and Nasdaq rules. He has been named a “Georgia Super Lawyer” by Atlanta Magazine on multiple occasions for his work in corporate finance.

In the boardroom, Clark advises directors and executive officers on their businesses’ legal challenges, as well as their fiduciary duties and corporate governance issues. He represents independent board committees and advises on internal investigations. He has also represented shareholders in disputes with both public and private companies.

Honors and Awards

Super Lawyers Honoree, 2004, 2005, 2009 – 2012

Experience

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

Clark has advised multiple businesses and individuals, including:

  • Advises pharmaceutical, medical device, software, internet website hosting, telecommunications, financial institution and other issuers regarding mergers, acquisitions and divestitures, strategic partnerships, distribution and licensing arrangements, and executive compensation arrangements and disputes.
  • Advises public company boards on governance best practices, including ISS and other shareholder advisory service policies.
  • Advises private equity and venture capital investors in fund creation, capital raises, investments and divestitures.
  • Provides guidance to NYSE-listed and Nasdaq-listed companies on compliance with the Securities Exchange Act of 1934, Sarbanes-Oxley Act, Dodd-Frank Act and listing requirements, including responses to formal and informal regulatory investigations and whistleblower activities.
  • Assists independent committees of the board of directors in responding to specific situations such as friendly and unfriendly takeover bids, shareholder activist activity, and shareholder derivative demands, and helps ensure takeover preparedness.
  • Advised whistleblowers in reporting actions that led to delisting and bankruptcy of a company listed on the NYSE.
  • Advised a Fortune 50 consumer products company on responses to an activist shareholder and subsequent corporate governance issues.
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Bar admissions

2017, North Carolina

1976, Georgia

Admitted to practice before:

  • 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

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