Eric Marcks

Admissions California State Bar, 2000
Registered Foreign Attorney in Japan (Gaikokuho Jimu Bengoshi), 2008
Education JD, University of Texas at Austin, with Honors, 2000
Kyushu University, Japan,
Japanese Ministry of Education Scholarship, 1997
MA, Harvard University, 1995
BA, Middlebury College, 1991
Languages English, French, Japanese

Practice Experience

Eric Marcks, a co-founder of southgate, advises on corporate and commercial matters, with a focus on cross-border M&A, venture capital financings, and joint ventures.

Eric began his legal career in 2000 in the San Francisco and Silicon Valley offices of an international firm, representing start-up companies and the VC funds that finance them. He worked with start-ups in all stages of their growth, from incorporation and commercial transactions to financings and exits.

Eric joined the Tokyo office of White & Case in 2007, where he represented Japanese companies in their overseas investments and commercial transactions around the world and global companies in their activities in Japan.

Eric is recognized in the Asia Business Law Journal’s A-List: Japan’s Top 100 lawyers (2024) (the only international corporate lawyer at a domestic firm appearing in this list); he is ranked in the Asia-Pacific and Global Chambers guides (Corporate/M&A: International – the first international attorney at a domestic firm ranked in this category)  (2019-25); he is recognized as a “Leading Individual” in the Legal 500 guide (Corporate/M&A Independent Local Firms (2019-25) and TMT (2024-25) – the only international attorney recognized in these categories), and as a “Notable Practitioner” in the IFLR 1000 (2023-24); he is listed in the Best Lawyers guide in the categories of Corporate/M&A (2020-25) and International Business Transactions (2023-25); and he was recognized as a “Leading Corporate & Commercial Lawyer of the Year – Japan” in 2023 by Acquisition International – Leading Advisor Awards.

Clients describe Eric as “a superb technical lawyer with a very sharp mind,” “a real pleasure to work with” (Asia-Pacific Chambers guide 2021),  “an excellent lawyer” who is “very experienced in handling cross-border matters” (Global Chambers guide 2022), and “an excellent draftsman” who “provides business-focused and practical advice” (Global Chambers guide 2020), and they also note that “Eric Marks is in particular is excellent” (Legal 500 2025), and his “unwavering dedication to his clientele” (Asia-Pacific Chambers guide 2025).

Eric is a part-time lecturer at Keio University Law School, where he teaches courses on venture capital and M&A, and he is a Vice-Chair of the Cross-Border Investment Committee of the Inter-Pacific Bar Association.

Publications

  • Quoted in “Foreign Funds Find New Opportunities in Japan’s Growing Startup World,” published in March 2024 on JETRO website
  • Co-author, “Venture Capital 2024” as part of Lexology’s Panoramic series, March 2024
  • Co-author, “Q&A: process for venture capital investments in Japan,” as part of Lexology’s Getting the Deal Through series, March 2023
  • Co-author, “Snapshot: economic terms for venture capital investments in Japan,” as part of Lexology’s Getting the Deal Through series, March 2023
  • Co-author, “Venture Capital Investment in Japan,” as part of Lexology’s Getting the Deal Through series, March 2023
  • Quoted in the March 8, 2023 Asian Business Law Journal cover story “Business Blossoms”
  • Co-author, “Cross-Border CVC: a Comparison of Key Investment Trends and Legal Practices in Japan, the US, the UK, German, India, and Israel,” September 2022 issue of Junkan Keiri Jouhou (in Japanese)
  • Co-author, “Venture Capital Investment in Japan,” in the Japan M&A Practice Guide published by Lexology as part of this Getting the Deal Through series, May 2021 and May 2022
  • Co-author, “Understanding the Use of Plain English in Contract Drafting through Concrete Examples,” January 2019 issue of Business Homu (in Japanese)
  • Co-author, “Addressing the Risk of Post-closing Challenge by US Antitrust Authorities to ‘Cleared’ Deals,” Mergers & Acquisitions Research Report Online, December 2017 (in Japanese)
  • First installment in series of articles by foreign attorneys practicing in Japan, Business Homu, July 2017 (in Japanese)
  • Co-author, “Seeking Innovation Through Corporate Venture Capital,” Japan SPOTLIGHT, September/October 2016
  • Co-author, “Recent Delaware Supreme Court Decision: Liability for Negotiating Terms Significantly Different from Those in Non-Binding Term Sheet,” Mergers & Acquisitions Research Report Online, September 2016 (in Japanese)
  • Co-author, “Recent Trends regarding US Regulatory Authorities’ Review of M&A Transactions,” Mergers & Acquisitions Research Report Online, June 2016 (in Japanese)
  • Quoted about CFIUS in an article appearing in the June 26, 2016 issue of Nikkei Veritas regarding China’s growing appetite for cross-border acquisitions
  • Featured in an article in the April 7, 2016 Nikkei Business Daily in relation to increased scrutiny, on national security grounds, by CFIUS of acquisitions by foreign buyers of US targets
  • Co-author, “Strategic Use of CVC Programs in the US,” Mergers & Acquisitions Research Report Online, April 2015 (in Japanese)
  • Co-author, “The Future of Corporate Venture Capital – Strategies for Japanese Companies in a Resurgent US Market,” Business Homu, February 2015 (in Japanese)
  • Co-author, “Recent Trends in Use of Representations and Warranties Insurance Policies in M&A Transactions,” Mergers & Acquisitions Research Report Online, September 2014 (in Japanese)
  • “Effective Use of Representations and Warranties Insurance Policies in M&A Transactions,” 28 CEB Cal. Bus. L. Prac. 33, Spring 2013

Speaking Engagements

  • Moderated a panel on “Choosing your Camp in an Increasingly Multipolar World” at the Annual Conference of the Inter-Pacific Bar Association, April 2024 (Tokyo)
  • Chaired a panel on “Rewarding and Oppressing Founders at Startups” at the Annual Conference of the Inter-Pacific Bar Association, March 2023 (Dubai)
  • Spoke on key issues facing startup founders in Japan at an event organized by the Digital Transformation Committee of the American Chamber of Commerce in Japan (ACCJ), February 2023
  • “Selling Your Privately Held Business,” webinar sponsored by American Chamber of Commerce in Japan (ACCJ), October 2021
  • “M&A for In-house Counsels,” seminar hosted by Japan In-House Counsel Network (JICN), September 2021
  • Spoke on various aspects of electronic commerce between Japan and the U.S. at a webinar hosted by the Japan Bar Association, June 2021 (in Japanese)
  • Participated in a panel on “Deal Performance and Post-execution Risks” at the annual meeting of the Inter-Pacific Bar Association, June 2021 (Virtual)
  • Chaired panels on venture capital at the annual meeting of the Inter-Pacific Bar Association, March 2018 (Manila) and April 2019 (Singapore)
  • Spoke on “RPA & AI: How Technology is Changing the Way We Work,” at Innovation Night at Accenture Digital Hub, sponsored by French Chamber of Commerce in Japan and Accenture, July 5, 2017 (Tokyo, Japan)
  • Spoke on M&A in technology industry at a conference hosted by the Japan Patent Office on January 29, 2017 (Tokyo, Japan)
  • “Innovation through Corporate Venture Capital,” at the Asian Development Bank Institute Finance and Innovation Conference, December 9, 2016 (Tokyo, Japan)
  • “Corporate Venture Capital in the US – recent trends and typical pitfalls for Japanese investors,” seminar sponsored by Financial Management Forum, July 8, 2016 (Tokyo, Japan) (in Japanese)
  • Spoke on a panel on representations and warranties insurance at the annual meeting of the Inter-Pacific Bar Association, April 15, 2016 (Kuala Lumpur, Malaysia)
  • “Recent Trends in US M&A,” Financial Management Forum, June and July 2015 (Tokyo, Japan) (in Japanese)
  • Spoke on a panel on alternative funding for private companies at the Annual Meeting of the International Bar Association, October 2014 (Tokyo, Japan)
  • Spoke on legal issues facing start-up companies in the US at a conference on venture capital and start-up companies at Kyoto University, June 2014 (Kyoto, Japan) (in Japanese)
  • “Overview of Representations and Warranties Insurance” (with the insurer Beazley), webinar hosted by the US-based Business Development Academy, March 2014
  • “Effective Use of Representation and Warranty Insurance in M&A Deals” at an event sponsored by the Japan In-House Counsel Network, November 2012 (Tokyo, Japan)
  • “Representation and Warranty Insurance in Overseas Deals” (with the insurance broker Marsh), September 2012 (Tokyo, Japan)
  • “Starting Up a Company in Japan”, sponsored by the American Chamber of Commerce in Japan, November 2010

Awards

  • Asia Business Law Journal – The A List: Japan’s Top 100 Lawyers, 2024
  • Best Lawyers – Corporate/M&A Law, Tokyo, 2020 – 2025
  • Best Lawyers – International Business Transactions, Tokyo, 2023- 2025
  • Chambers Asia-Pacific – Corporate/M&A: International, Japan, 2018-2025
  • Chambers Global – Corporate/M&A: International, Japan, 2019-2024
  • IFRL1000 – “Notable Practitioner” in M&A, Japan, 2023-2024
  • The Legal 500 Asia Pacific – “Leading Individuals” in Corporate and M&A: Independent Local Firms, Japan, 2019-2025
  • The Legal 500 Asia Pacific – “Leading Individuals” in TMT: Independent Local Firms, Japan, 2024-2025