Experience
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.
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.
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.
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.
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 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.
Representation of Aerospace Engineering Company in Debarment Proceedings
Successfully represented aerospace component engineering company in administrative debarment proceedings.
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.
$950 Million Sale of Manufacturing Business
Represented welding company client in $950 million sale of manufacturing business.
Representation of Fire Safety Systems Manufacturer in Breach of Contract Case
Represented national fire safety systems manufacturer in federal court relating to breach of contract claims.
Successfully Defended Contractor in Arbitration Against Seven-Figure Claim
Defended general contractor in seven-figure claim brought by an asbestos contractor in arbitration. Arbitrator’s award to asbestos contractor was five percent of the amount sought and was less than the general contractor had offered in settlement.
Citations Vacated for Client in OSHA Evidentiary Hearing
Defended company in OSHA evidentiary hearing in which company asserted that installation of wood trusses constituted steel erection. Administrative Law Judge agreed and vacated the citations.
Representation of Dietary Supplement Supplier, Manufacturer in FDA Investigation
Representation of dietary supplement manufacturer and supplier in U.S. Food and Drug Administration investigation of alleged Food, Drug & Cosmetic Act violations.
Representation of National Window Manufacturer in Product Liability Actions
Represented a national window manufacturer in dozens of product liability actions involving alleged residential construction defects.
Won Business Tort, Defamation Cases for Contract Manufacturer
Won suits brought in Pennsylvania state court against a contract manufacturer alleging various business torts and defamation.
$35 Million+ Strategic Fulfillment/Transportation Contract
Served as outside counsel responsible for $35 million+ long-term strategic fulfillment/transportation contract for international retailer.
Representation of International Manufacturer in Product Liability Action
Represented an international manufacturer of component parts for combustion processes in a products liability action.
Representation of National Candy Manufacturer in Trade Secret, Distribution Contract Matters
Represented a national candy manufacturer in litigation relating to trade secret and distribution contracts.
Representation of International Manufacturer of Diesel Engines in Product Liability Action
Represented an international manufacturer of diesel engines in a product liability action involving highway equipment.
Patent Portfolio Management for Multinational Aerospace Corporation
Managed patent applications relating to semiconductors, avionics, antennas, modeling, simulation, non-destructive testing, flight control systems, communication systems, electronics, and unmanned systems.
Managed International Patent Portfolio for Health Care Company
Managed U.S. and international patent portfolio related to heart pumps, cardiac catheters, electrocardiograms, heart mapping, heart monitoring and ablation therapy technologies.
Successfully Defended Used Oil Recycler Following Alleged Sale of Contaminated Oil
Defended used oil recycler in sale of alleged contaminated oil to customer. Jury awarded recycler all costs for unpaid shipments of oil, and awarded $3,000 to customer after four-day trial.
Patent Portfolio in Touch Screen Technology
Managed the filing of a portfolio of patent applications for an international client in the touch screen technology area.
Patent Clearance Projects in Pharmaceutical Industry
Managed several patent clearance projects relating to a computer ecosystem designed to manage the prescription process and use by patients of a multimillion-dollar pharmaceutical product.
Successful Outcome in Cases Related to Misinterpretation, Misapplication of Lockout/Tagout Standard
Defended numerous employers in cases in which OSHA was persuaded that it misinterpreted or misapplied the lockout/tagout standard.
Reduced Penalties for Dairy Farm in Fatalities Following OSHA SVEP Placement
Defended dairy farm in two separate fatality cases that resulted in repeat OSHA citations and placement on OSHA SVEP. At conclusion of negotiation, company was removed from SVEP and penalties were cut by 75 percent.
No Willful Violations for Publicly Traded Company
Defended publicly traded company in a two-week OSHA evidentiary hearing involving multiple alleged willful violations at a meat plant. At the conclusion of the hearing, the Administrative Law Judge determined there were no willful violations.
No Prosecution for Client in Multiple Fatality Case Referred to the U.S. Attorney
Defended a company in a multiple fatality case that resulted in an OSHA referral to the U.S. Attorney for prosecution. After meeting with the U.S. Attorney, no prosecution resulted.
Citations Vacated for Client in Fatality Involving Construction Crane
Defended company in an OSHA evidentiary hearing involving a fatality on a crane. At the conclusion of the hearing, the Administrative Law Judge vacated all citations.
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