Experience

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.

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.

$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.

$87 Million Equity Sale for Manufacturing Client

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

$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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 Aerospace Engineering Company in Debarment Proceedings

Successfully represented aerospace component engineering company in administrative debarment proceedings.

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.

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.

Sale of International Industrial Manufacturer

$90 million sale of industrial manufacturing company with several international locations and involving a pre-closing real estate spinoff.

Multimillion-Dollar Judgment for Manufacturing Clients Affirmed on Appeal

Secured opinion from the Seventh Circuit Court of Appeals affirming a judgment in favor of manufacturing clients who brought breach of contract and fraud claims against sales representative. At trial in federal court in Chicago, the jury awarded over $3 million in contract damages, $400,000 in fraud damages and just over $900,000 in punitive damages. The District Court awarded additional amounts for unjust enrichment and interest for a total judgment over $5.6 million.

Contract and Fraud Case Involving Foreign Manufacturer

Represented a large foreign manufacturer in a contract and fraud dispute against two American companies, including a large American retailer. Secured a multimillion-dollar judgment after a two-week federal jury trial.

Representation of Plastics Manufacturer in Multimillion-Dollar Wrongful Death Suit

Represented plastics manufacturer in multimillion-dollar wrongful death claim arising from plant accident.

Defense of Auto Supply Manufacturer in National Antitrust Class Actions

Defended automotive filters manufacturer in national antitrust class action lawsuits.

Defense of Manufacturer in Antitrust and Consumer Fraud Class Actions

Defended international engine manufacturer in U.S. and Canadian antitrust and consumer fraud class action lawsuits.

Defense of Manufacturer in Fire and Explosion-Related Claims

Defended the manufacturer of liquid propane valves and regulators in lawsuits involving fires and explosions that challenged the manufacturer’s corporate reorganization.

Defense in Shareholder Dispute Involving Malfeasance, Breach of Fiduciary Duty Claims

Defended the managing shareholder of a metal fabrication company against claims of malfeasance and breach of fiduciary duty from his fellow shareholder.