Experience

Acquisition of Transportation Services Company

Counsel to buyer in the acquisition of a transportation services company in a carve-out transaction. The transaction achieved the client's goals of expanding to several key locations in the Minneapolis-St. Paul metropolitan area and establishing key strategic partnerships with regional customers.

Dismissal of Claims in MMPA Class Action

Defended client in consumer class action seeking to recover alleged damages in excess of $5 million. Class asserted products sold by defendant were defective and that the defendant engaged in violations of the Missouri Merchandising Practices Act. Obtained dismissal of plaintiff’s claims.

Outside GC for Global Consumer Products Company

Outside general counsel to a global consumer products company, including prosecution and management of a worldwide trademark portfolio, negotiation of mergers and acquisitions, advice regarding commercial contracts and consumer products liability issues, and handling of data privacy issues.

Multimillion-Dollar Sale of Supplement Retailer

Assisted client with eight-figure sale of supplement retailer that operates through large online platform. Transaction included multimillion-dollar cash purchase price and purchaser stock components for seller.

Dismissal in Consumer Class Action Lawsuit for Sporting Goods Retailer

Secured the dismissal of a consumer protection and class action lawsuit against a major sporting goods and outdoor equipment retailer filed in the U.S. District Court for the Western District of Missouri. The matter specifically involved claims of alleged violation of the Missouri Merchandising practice act, unjust enrichment, and violation of consumer protection laws in 21 other states. The plaintiff sought to represent a nationwide class of customers seeking millions of dollars in damages for alleged violations of various states consumer protection statutes. The court granted the client’s motion to dismiss, and the plaintiff did not appeal or seek leave to amend.

Dismissal of $1 Billion Class Action Claim

Successfully defended the operator of a commercial website against a putative class action involving alleged interception of an online customer's personal information, including credit card information, and disclosure of that information to third parties without the customer's consent. The plaintiff argued that this information, which was stored in a browser file before being sent to the website, was not yet a communication to website and that the interception and transmission of that information via JavaScript commands was illegal under the Wiretap Act. The court agreed with the website operator's arguments and dismissed the action. Plaintiff's counsel was seeking over $1 billion in damages, making this a significant victory.
 

Drafted Sales Promotions for Retail Client's Brands

Drafted and assisted in the successful implementation of various promotions, including social media-based sweepstakes, photo contests, and other advertising campaigns, in an effort to bring more visibility to and consumer interaction with the client's brands.

Summary Judgment for Apparel Executive in Million-Dollar Breach of Contract Case

Obtained summary judgment for an apparel executive in a million-dollar breach of contract action.

$95 Million Sale of Leasing Company

Represented our client, a financing company in the HVAC industry, in a $95 million sale of a consumer products leasing company.

Obtained Change of Scope in Anti-Dumping Investigation

Successfully obtained from petitioner consent to change in the scope of an anti-dumping/countervailing duty investigation by the U.S. government into certain steel racks being imported from China and allegedly sold in the U.S. market at less than fair value.

International Divestiture for Diversified Private Client

Represented diversified private company in a multimillion-dollar divestiture of its travel gear distribution business. This transaction involved lengthy negotiations with an overseas buyer and allowed our client to achieve its goal of exiting the travel gear business to further focus on its unrelated core business.

Class Action in Large IoT Liability Case for Plaintiff Against Automotive Manufacturer

Serves as lead counsel for three certified plaintiffs’ classes totaling an estimated 400,000 to 500,000, in a case alleging that various cars and trucks suffer from a series of cybersecurity defects that render the vehicles susceptible to being hacked in a way that would allow the hacker to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition. Claims include breach of warranty and violations of various states’ consumer protection statutes.

$14 Million Purchase of Car Rental Company

Represented client in acquisition of a family-owned car rental company with nine locations, expanding the client's presence in the Milwaukee, Wisconsin market. 

50-plus Copyright Applications for Agricultural Client

Prosecuted and successfully registered over 50 copyright applications with the U.S. Copyright Office for the client, a manufacturer of agricultural sprayers and product application systems.

Counsel to Packaging, Materials Suppliers

Provided legal counsel to leading suppliers of plastic packaging, sheet and rollstock materials in connection with product development, manufacturing and supply agreements.

Managed Agreements for Lawn and Garden, Pest Control Supplier

Served as outside counsel to a leading supplier of lawn and garden, home pest control products and personal insect repellents in connection with product supply and joint development agreements.

Obtained TRO for Major Grocery Chain in Noncompete Case

Obtained temporary restraining order (TRO) and consent permanent injunction against a former employee of a major grocery chain enforcing a noncompete agreement and requiring return and destruction of documents.

Outside Counsel for Global Rental Car Business

Served as outside legal counsel to a global leader in the rental car business in connection with technology development, software licensing and telecom services.

Preliminary Injunction for Communications Client

Obtained a preliminary injunction for an internet, cable and phone company and its subsidiary in the Northern District of Georgia under Section 214 of the Communications Act against a telecommunications carrier that was planning to disconnect service to a series of customers, including a university. The carrier subsequently sought to vacate the injunction, which the court was convinced to retain.

Assisted Transportation Industry Client in Formation, Capitalization

Assisted client with formation, launch and capitalization of company distributing and licensing transportation industry products.

License Agreements for Baby Products Manufacturer

Negotiated license agreements for manufacturer of baby bottles/teething toys, including rights to names, likenesses, trademarks, copyrights, images and other proprietary intellectual property.

Multimillion-Dollar Personal Injury Toxic Tort Case for Fortune 150 Client

Tried multimillion-dollar personal injury toxic tort case for Fortune 150 corporation for over 12 weeks in Missouri state court. Represented the client in an appeal to the Missouri Court of Appeals resulting in the reversal of over $200 million in assessed damages.

Summary Judgment for Manufacturer in Patent Case

Obtained summary judgment and favorable resolution for our client, a major manufacturer, regarding six patents in U.S. District Court for the Eastern District of Missouri. 

Obtained Dismissal of Class Action for Service Provider to Consumer Lender

Obtained dismissal of a class action lawsuit in California Federal Court and compelled arbitration as to the remaining individual claims in a consumer protection action asserting claims under California and federal law.  

Dismissal in Patent Infringement Action

Obtained order denying plaintiffs request for jurisdictional discovery in a patent infringement action. This resulted in the plaintiff voluntarily dismissing the case against the client.

Antitrust and Compliance Reviews for Fortune 500 Manufacturer

Performed numerous on-site antitrust compliance reviews and training for a Fortune 500 multinational manufacturing and engineering services company. Involved travel with in-house counsel to numerous subsidiaries and allowed the client to achieve its compliance program goals and initiatives.

Summary Judgment, Dismissal of ‘Bet the Business’ Class Action Claims

Achieved motion for summary judgment and a dismissal of plaintiffs’ claims with prejudice in a “bet the business” class action brought by representatives of 200 former employees of a client in St. Louis County Circuit Court. The former employees sought sales commissions allegedly due and owing and millions of dollars in statutory penalties.

$1 Million Judgment in Breach of Contract Case

Won a judgment for retail client amounting to nearly $1 million, including attorneys’ fees, interest and costs, in a breach of contract case against a national publicly traded retailer.

Won Noncompete, Unfair Competition Case for National Specialty Retail Chain

Received national press coverage by winning a noncompete and unfair competition case on behalf of a publicly traded, national specialty store chain against a publicly traded, national department store chain.