W. Mark Griffith

Mark Griffith has extensive experience in the energy and renewable energy industries and has represented clients in connection with foreign and domestic mergers and acquisitions, stock and asset sales, joint ventures, and third-party service arrangements. He has led transactions involving the acquisition or sale of over fifteen renewable energy facilities, including two of the then-largest solar PURPA facilities in North Carolina. Mark works closely with investor-owned utilities and their affiliates and has represented renewable developers in their acquisition, development and disposition of renewable energy facilities and negotiation of power purchase agreements. He also has experience in matters related to financial institutions and economic development and previously served as a member of the NC Banking Commission.

Prior to joining Smith Anderson, Mark practiced with national and international law firms in the Triangle. Before returning to private practice, Mark was general counsel and a member of the four-person executive team at ElectriCities of North Carolina, a management services company for two of the country’s largest power agencies, each jointly owning nuclear generation assets with the state’s investor-owned utilities.

Mark is heavily involved in civic activities in Raleigh and North Carolina. He is currently serving his second term as a member of the Board of Directors of the NC Chamber and is also a member of the Board of Visitors of the UNC Children’s Hospital. He is an adjunct professor at UNC Law and co-taught a class in the spring 2020 semester on renewable energy transactions. 

Recognition

• The Best Lawyers in America®
  • Energy Law (2022-2024)
  • Energy Regulatory Law (2022-2023)

Education

• University of North Carolina School of Law, J.D., with honors, 1996
• University of North Carolina, B.A., with honors, 1993
  • Phi Beta Kappa

Bar & Court Admissions

• Adjunct Professor, University of North Carolina School of Law (Spring 2020)
• Wake County Bar Association
• North Carolina Bar Association, Business Law Section
• Former Commissioner, North Carolina State Banking Commission
• Board of Directors, North Carolina Chamber of Commerce
• Board of Visitors, UNC Children’s Hospital

• Represented a Nasdaq-listed bank holding company in its assumption of all customer deposits and certain other liabilities, and acquisition of substantially all loans and certain other assets, of a bridge bank, as successor to the failed bank subsidiary of a Nasdaq-listed bank holding company, from the Federal Deposit Insurance Corporation, as receiver for the bridge bank.

Prior to joining Smith Anderson, Mark: 

• Represented a private company in its acquisition or sale of over 10 renewable energy facilities.
• Represented an affiliate of one of the nation’s largest utilities in its acquisition of a utility-scale renewable energy facility.
• Represented a private company in an auction process led by one of the nation’s largest investment banks in a prospective asset sale transaction worth over $1 billion.
• Represented two private companies in their settlement negotiations with two investor-owned utilities in connection with a merger of two of the nation’s largest investor-owned utilities.
• Represented a health care company formerly listed on the New York Stock Exchange in a going-private transaction.
• Represented two government-entity issuers in bond financings worth over $2 billion.
• Represented a majority shareholder group in a tender offer and short-form merger in the context of a going-private transaction.
• Represented utilities, private parties and government entities in the negotiation of power purchase agreements.
• Represented a seller in its cross-border sale of a $50 million business division.
• Represented a technology company in its acquisitions in Italy, France and India.