Experience

Defeated Manufacturer's Attempt to Obtain TRO Enforcing Noncompete

Defeated manufacturer’s attempt to obtain a temporary restraining order (TRO) in U.S. District Court for the Eastern District of Missouri enforcing a noncompete agreement against a former plant manager. This resulted in a complete victory for the plant manager, allowing him to work for his new employer in the same industry.

Representation of Global Chemical Company Executives in Criminal Investigation

Represented several senior employees of a global chemical company in a criminal investigation involving alleged violations of environmental laws.

Favorable Resolution of Criminal Investigation for Senior Executive of Medical Device Manufacturer

Represented a senior executive at a medical device manufacturer in connection with a criminal investigation involving potential false statements to the U.S. Food and Drug Administration. Resolved without any criminal charges.

Representation of Aerospace Engineering Company in Debarment Proceedings

Successfully represented aerospace component engineering company in administrative debarment proceedings.

Representation of Executive in Public Corruption Investigation Resulting in No Conviction

Represented an executive of a technology company in a government investigation and prosecution involving bribery and public corruption. Resulted in no conviction.

Multiple Defense Verdicts, Favorable Settlements for Global Software Company

Litigated multiple AAA consumer arbitrations on behalf of global software company resulting in multiple defense verdicts or favorable settlement terms.

Granted Writ of Prohibition in Dozens of Related Product Liability Actions

Granted writ of prohibition from the Superior Court of Pennsylvania in dozens of related product liability actions for a national window manufacturer.

Counsel to Private Equity Fund in $20 Million Equity Acquisition

Acted as counsel to a private equity fund in its $20 million equity acquisition of a company serving various large industrial and aerospace customers. The transaction involved a complicated pre-closing tax-free reorganization, donation of a minority interest in the target company to a donor-advised fund, international distribution issues, and a representations and warranties insurance policy. Helped client achieve its goal of closing and deploying allocated capital at year-end on an expedited basis.

Summary Judgment Affirmed on Appeal in Trademark Case

Secured summary judgment for a manufacturer in dispute over use of the client’s mark. The plaintiff in the case sought a permanent injunction in Wisconsin and Michigan and disgorgement of profits. The U.S. District Court for the District of Wisconsin granted summary judgment precluding an award of profits and denied a permanent injunction after trial. Both rulings were affirmed on appeal to the U.S. Court of Appeals for the Seventh Circuit.

Delaware Counsel to Computer Data Storage Products Manufacturer in Bankruptcy

Delaware counsel to the Official Committee of Unsecured Creditors in bankruptcy cases for a computer data storage products manufacturer.

Negotiated Plant Closure Agreement and Relocation of Union-Represented Manufacturing Facility

Negotiated a plant closure agreement regarding the relocation of a union-represented manufacturing facility to a non-union manufacturing facility in another state.

Internal Investigation for Manufacturer Following Sexual Harassment Complaints

Conducted an internal investigation for a high-tech manufacturing company in response to an employee’s complaint of sexual harassment and inappropriate conduct against a manager.

Sale of Majority Stake of Manufacturing Company

Served as seller’s counsel in connection with sale of majority stake in advanced manufacturing company to private equity firm.

Counsel to Acquiring Company in 363 Sale of Assets of Major Steel Manufacturer

Served as counsel to the purchaser of substantially all of the assets of a major steel manufacturer.

Counsel to Reclaiming Creditors for Major Steel Manufacturer

Served as counsel to the reclaiming creditors for an East Coast steel manufacturing company in its Chapter 11 bankruptcy proceedings.

Counsel to Tier 1 Automotive, Aviation Manufacturers in Chapter 11 Proceedings

Served as counsel to numerous trade creditors, including Tier 1 suppliers, in automotive and aviation industry manufacturer's Chapter 11 proceedings.

Obtained Injunction for Ethanol Manufacturer in Trade Secret Case

Obtained injunction against former employee of ethanol manufacturer, preventing employee from disclosing client’s trade secrets.

Withdrawal of Unfair Labor Practice Charge Against Manufacturer

Successfully defended a pet food company against an unfair labor practice charge filed with the National Labor Relations Board. In filing the charge, a union alleged the client unlawfully disciplined and discharged one of its employees because of his support for the union during its organizing campaign. Following a vigorous defense against the allegation, the union withdrew the charge.

Represented Property Owner in $25 Million Development of Manufacturing Facility

Represented property owners in the preparation and negotiation of construction and architectural agreements for a specialty manufacturing facility exceeding $25 million.

Trade Compliance Audits for Manufacturing Conglomerate

Regularly visited global sites of publicly traded manufacturing conglomerate to conduct trade compliance audits of its operations. These audits included a review of the corporation’s general compliance structure, import compliance, export compliance and supply chain security.

Representation of International Client in Manufacturing Company Acquisition

Assisted in the representation of an international client in the successful acquisition of a manufacturing company.

Sale of Private Contract Manufacturer

Represented a privately held contract manufacturer in its acquisition by a diversified holding company, including due diligence and disclosure matters, employee benefits, environmental and tax considerations.

$78 Million Equity Purchase of Drivetrain Manufacturer

Represented large, privately held client in $78 million managed sale equity purchase of manufacturer of high-precision, custom-engineered drivetrain components for off-road vehicles.

$87 Million Equity Sale for Manufacturing Client

Represented manufacturer in $87 million equity sale of manufacturer and distributor of hydraulic drive components.

$140 Million Managed Sale Merger Acquisition of Manufacturer and Distributor

Represented diversified global supplier in $140 million managed sale merger acquisition of a manufacturer and distributor of HVAC sheet metal products.

Negotiated Master Agreement for Major Manufacturer

Created and negotiated a Fortune 500 technology company’s Master Agreement for enterprise-wide software, support and hosted services covering automation and workflow systems, managed IT services and online gateway for payment processing, funding, treasury management and receivables among corporations, banks and trading partners.

$188 Million Managed Sale Acquisition of Aerospace Industry Manufacturer

Represented manufacturer in $188 million managed sale acquisition of aerospace tubing manufacturer.

Cross-Border Internal Investigation for Manufacturing Company Regarding Alleged Officer Embezzlement

Conducted an internal investigation for the holding company of a multinational manufacturer in response to allegations of embezzlement by company officer.

Negotiated Trademark Consents and Coexistence Agreements for an Automobile Manufacturer

Served as outside counsel to an automobile manufacturer in the drafting and negotiation of consents and coexistence agreements with third parties regarding international trademark filings.

Coordinated Pan-European Brand Clearance Programs

Coordinated and advised leading Japanese tyre manufacturer on the availability for use and registration of new brand names across a number of European countries, all at a pre-agreed cost and by a stipulated deadline.