Experience
Co-counsel to Armstrong Energy in Chapter 11 Bankruptcy
Served as co-counsel to the debtor, coal company Armstrong Energy, in its Chapter 11 bankruptcy proceedings.
Dismissal of Multi-State Unpaid Overtime Class Action Claims
Obtained dismissal of numerous state law class action claims based on lack of standing in a multi-state unpaid overtime lawsuit in the United States District Court for the District of Colorado, resulting in a substantial reduction in the potential size of the class and, accordingly, substantially reducing the company's potential exposure.
Dismissal of Patent Claims with Prejudice for Telecom Company
Successfully defended client against patent infringement claims brought by non-practicing entity, resulting in the plaintiff voluntarily dismissing its claims with prejudice.
Managed Accelerator Program’s Onboarding and Capital Investments for Startup Company Participants
Assisted utility client with onboarding of and capital investments in startup technology companies as part of accelerator program in coordination with a local university and capital investors. Assisted with closing investments in more than a dozen program participants.
Managed Multiple International Patent Portfolios for Manufacturer
Provided development and strategic counsel oversight for multiple U.S. and international patent portfolios for commercially valuable products and systems of a multinational electrical product manufacturer for more than 20 years.
Multimillion-Dollar Environmental Litigation for Fortune 150 Company
Representation of Fortune 150 petroleum and pipeline corporation in third-party multimillion-dollar environmental litigation arising out of operation of petroleum refinery in Illinois. Claims involve assessment of damages and assignment of third-party liability under the Illinois Environmental Protection Act and Illinois Contribution Act.
Obtained Reversal of Circuit Court Judgment Affirming Tax Assessments for Natural Gas Pipelines
Obtained a reversal in the Missouri Court of Appeals of a Missouri State Tax Commission ruling, upheld on appeal to the circuit court, that disallowed depreciation in the calculation of real and personal property tax assessments for a statewide system of natural gas pipelines. Because the pipelines crossed 16 counties in the state, each of the underlying county assessments had to be appealed separately, necessitating appeals in each district of the Court of Appeals.
Preference Action Defense for Public Utilities
Representation of public utilities in the defense of preference actions.
Representation of Equity Sponsor in Telecom Company Bankruptcy
Represented the equity sponsor in the bankruptcy of a telecommunications company.
Advised a SPAC on its Admission to the Standard Segment of the Main Market
Advised a SPAC on its admission to the standard segment of the Main Market.
Dismissal of Environmental Claims Against Energy Client
Obtained dismissal of environmental claims against a client in the energy industry. Because the lawsuit in question was filed after the client filed its Chapter 11 reorganization plan, the U.S. Bankruptcy Court granted the client’s motion to enforce the release and injunction provisions in the confirmed plan. As a result, the court dismissed the causes of action with prejudice.
$26.5 Million Fundraising for Oil and Gas Company
Advised long-standing oil and gas client in connection with $26.5 million fundraising, via an accelerated bookbuild. The fundraising also comprised an open offer to existing shareholders.
Advised AIM-Quoted Energy Company in £2.7 Million Open Offer
Advised AIM-quoted energy resource exploration and development company in connection with recently completed open offer to shareholders to raise up to £2.7 million.
Advised AIM-Quoted Oil and Gas Explorer and Producer on Institutional Placing
Advised AIM-quoted oil and gas explorer and producer in connection with placing and open offer to raise £4.1 million. The proceeds were allocated to accelerate the company’s growth strategy.
Advised Gold Exploration and Development Company on AIM Admission
Advised gold exploration and development company on its admission to trading on AIM.
Co-counsel in Bioenergy Companies' Chapter 11 Bankruptcy
Served as co-counsel to global bioenergy companies in Chapter 11 bankruptcy proceedings.
Secured Withdrawal of OSHA Citations for Manufacturing Client
Defended company that received two willful citations under OSHA lead standard when manufacturing with leaded brass. OSHA withdrew both willful citations.
Secured Withdrawal of OSHA Citations Relating to Hexavalent Chrome Standard
Defended company that received 14 citations under OSHA's hexavalent chrome standard, including alleged exceedance of PEL. OSHA withdrew 12 of 14 citations.
Defeated Actions Against Oil Pipeline Company
Defeated actions for declaratory judgment and injunction in the Circuit Court of Franklin County, Missouri, that permitted the clearing of properties for an oil pipeline in an upscale residential community.
Favorable Verdict in Condemnation Action for Utility
Tried a condemnation action through verdict in Missouri state court on behalf of utility. Successfully obtained a property value award millions less than the amount demanded by the property owner.
£17.5 Million Return of Cash for AIM-Quoted Oil and Gas Exploration Company
Advised AIM-quoted oil and gas exploration company on the return of cash (approx. £17.5 million) to shareholders following a sale of its flagship Sugarloaf asset in Texas.
Advised Petrol Retailer on Dual Listing and €91.7 Million Fundraising
Advised petrol retailer on the English law aspects of its application to dual list on the AIM market of the London Stock Exchange and ESM of the Irish Stock Exchange and contemporaneous €91.7 million placing.
Preliminary Injunction Denied for Utility Company
Co-chaired the defense of a multiple-day preliminary injunction hearing involving vegetation management by a local utility. Secured a denial of the preliminary injunction.
$57.7 Million Placement to Fund Gold Mine Construction and Open Offer
Advised AIM-quoted gold mining company on its placing to raise $57.7 million to fund the construction of a gold mine in the Philippines and an open offer to eligible shareholders.
Advised on the Reverse Takeover of AIM-Quoted Natural Resources Company
Advised AIM-quoted natural resources company on its acquisition of mining company, Rule 9 whitewash and contemporaneous placing.
$168 Million Sale for Public Utility
Represented public utility company in $168 million managed sale disposition of electric generation facilities.
Secured Condemnation Ruling in Multi-State Oil Pipeline Construction Matter
Secured judgment of condemnation in connection with the construction of an oil pipeline spanning from Illinois to Oklahoma.
Advised on the Reverse Takeover of AIM-Quoted Oil and Gas Company and the Acquisition of U.S. Oil and Gas Assets
Advised AIM-quoted oil and gas company in its acquisition of oil and gas interests in Oklahoma. Equity fundraising and the contemporaneous reverse takeover.
Obtained Judgment and Permanent Injunction for Oil Pipeline Company
Served as trial counsel in actions for declaratory judgment and permanent injunction arising from disputes over an easement. Obtained judgment for oil pipeline company that permitted clearing of easement for oil pipeline.
Arbitration Award in Favor of a Retail Gas Supplier
Obtained an arbitration award for a retail gas supplier awarding it every dollar it sought in damages, attorney’s fees and arbitration expenses on its claim to enforce two unsigned contract amendments.
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