Manufacturing

Representative Experience

  • Secured “business divorce” for a private equity fund invested in the development of state-of-the-art microwave technology from Ukraine as a result of the court action against a minority shareholder accused of the breach of fiduciary duty and misappropriation of trade secrets.
  • Represented a group of employees in criminal antitrust investigation of auto parts suppliers being conducted by the Department of Justice and European Commission.
  • Obtained favorable settlement for four former employees of the nation’s largest provider of building HVAC controls, equipment, and services, including successfully moving to dismiss claims based on employee restrictive covenants found by the court to be unenforceable under Georgia law.
  • Represented U.S. manufacturer in federal trademark infringement action against a former distributor. Obtained summary judgment on manufacturer’s trademark infringement claim, which included an award of treble damages and attorney’s fees. Successfully defeated distributor’s appeal of the district court’s summary judgment order in the United States Court of Appeals for the Eleventh Circuit and petition for writ of certiorari to the United States Supreme Court.
  • Litigated and supported favorable resolution in mediation of race discrimination claims against plastics manufacturer.
  • Responsible for legal aspects of environmental due diligence for national food distribution company.
  • Successfully advised U.S. mining original equipment manufacturer (OEM) on developing and securing China-originating  supply chain for drilling products, enhancing global intellectual property protection, building Foreign Corrupt Practices Act compliance programs and policy, and developing international product sales and distribution network.
  • Supported arbitration and resolution of multi-million dollar controversy between aerostructures supplier and business jet manufacturer.
  • Represented finance company in connection with loan to steel manufacturing company.
  • Represented finance company in connection with loan to international sausage manufacturing company.
  • Represented finance company in connection with loan to ATM machine manufacturing company.
  • Represented bank in connection with loan to aero parts manufacturer and distributor.
  • Represented finance company in connection with loan to building fabrication company.
  • Represented a consumer products company in a suit against a competitor for trademark infringement and violations of Georgia’s Deceptive Trade Practices Act and the federal Anticybersquatting Consumer Protection Act.  The United States Court of Appeals for the Eleventh Circuit affirmed an order granting summary judgment to our client.
  • Represented a national food distribution company in a $39 million purchase of the stock of a broad line foodservice distributor.
  • Worked with an Israeli combination product manufacturer to determine the appropriate regulatory approval pathway for the product and assisted with developing supporting rationale for the FDA to review the product under the client’s preferred approval pathway.
  • Updated client’s hiring policies and procedures with respect to their compliance with immigration law requirements, including participation in the electronic employment eligibility verification program, E-Verify, and use of the Employment Eligibility Verification form (form I-9). Also advised them on Employment Eligibility Verification (form I-9) compliance with respect to their acquisition of a competitor.
  • Submitted, on behalf of various clients, seven applications to Georgia’s Voluntary Remediation Program, resulting in approval of risk-based cleanup plans that will, collectively, save millions in assessment, remediation and monitoring costs.
  • Secured recognition in Russia of a $28 million international arbitration award for a U.S. company owned by prominent New York real estate developer.
  • Represented U.S. manufacturer of boating equipment in federal false advertising litigation against a competitor. Obtained a preliminary injunction on behalf of client requiring the competitor to cease distribution of promotional materials, remove pages from its website, issue retraction letters to customers, and undertake corrective advertising. Negotiated a favorable settlement on behalf of client prior to trial.
  • Served as lead counsel for inside officers and directors in connection with breach of fiduciary duty claims asserted by bankruptcy trustee, resulting in favorable settlement for clients.
  • Representation of light industrial developer and manufacturer in the acquisition of 23-acre site, including 400,000 square foot building, for its U.S. headquarters and manufacturing facility.
  • Represented a national food distribution company in a $33 million stock purchase and real estate acquisition of a broad line foodservice distributor.
  • Represented Austria’s leading provider of aluminum for the manufacturing industry in action on account against South Carolina company regarding non-payment of invoices for shipments of aluminum products. Secured settlement for client.
  • Represented global consumer products client in negotiating purchase agreement of manufacturing facility in Forest Park, Ga., completing significant environmental due diligence, applying for inclusion in Georgia Brownfields program and obtaining approval of Brownfield Compliance Status Report and final Limitation of Liability from the Georgia Environmental Protection Division.
  • Successfully obtained Article 37 emergency measures of protection before the International Centre for Dispute Resolution, and shortly thereafter, successfully resolved a multimillion dollar controversy between an international manufacturer and an American distributor.
  • Obtained favorable settlement for a consumer products company in its trademark and copyright infringement lawsuit against an international counterfeiter. Conducted an ex parte seizure of counterfeit goods stored at a warehouse with the assistance of U.S. Marshals.
  • Successfully resolved dispute for U.S. Fence over contract for the manufacture of plastic regrind, composite deck board in federal court in Tennessee.
  • Successfully represented aerostructures supplier in multimillion dollar controversies with business jet manufacturer and aerostructures component manufacturer.
  • Represented a national food distribution company in a $40 million purchase of all of the assets of a broad line foodservice distributor.
  • Represented the management of a division of a multi-national public company in successfully acquiring the assets of the division in a “Stalking Horse” Bid in the US Bankruptcy Court in Delaware. After acquiring all of the assets, he represented the company for more than ten years in various corporate matters until he assisted the client in a stock sale of the company to a large public company.
  • Successfully obtained dismissal of an opponent’s million dollar counterclaims on spoliation grounds.
  • Represented Georgia-based technology manufacturing company in successfully resolving contract dispute against former customer, including recovery of attorney’s fees.
  • Represented Georgia-based technology manufacturing company in resolving contract dispute through arbitration.
  • Assisted Japanese manufacturing client with site selection, environmental due diligence, land development permits, negotiation with local, county and state authorities to obtain various economic incentives and applications for Georgia Industrial Wastewater Discharge and Air Emission permits in connection with the construction and development of new plant near Griffin, Ga.
  • Obtained favorable settlement for a marine products company in its Lanham Act lawsuit against a competitor using website Meta tags and Google AdWords infringing the company’s trademarks.
  • Representation of a manufacturing company in the acquisition and tax-exempt bond financing of its $8 million headquarters location in a covenant restricted industrial park.
  • Successfully represented seller in multimillion dispute involving acquisition of a subsidiary by a national management contractor.
  • Secured favorable settlement for minority shareholders of a major Ukrainian ferroalloy plant in an action under the Federal Racketeer Influenced and Corrupt Organization Act (RICO).
  • Served as lead counsel in a “going private” transaction for manufacturing company, Color Imaging Inc., which had more $100 million in revenue at the time.
  • Advised international investors in all aspects of the acquisition of the ferroalloy and steel assets in the United States including acquisition through receivership and bankruptcy proceedings.
  • Represented the owner of a hardwood flooring manufacturing facility as Debtor’s counsel. The Debtor entered into a Court approved settlement agreement with the Debtor’s former owner, which enabled the Debtor to confirm a liquidating plan that provided a significant distribution to unsecured creditors. In connection with the settlement, successfully briefed and argued an appeal to the District Court, the Eleventh Circuit Court of Appeals, and the Georgia Supreme Court related to whether under Georgia law an insolvent limited liability company has exclusive standing to assert an alter ego claim against its parent or owner. The Eleventh Circuit certified the question to the Georgia Supreme Court, which answered the issue in the affirmative.
  • Represented client in successful price negotiations involving cost or pricing data for a $250 million follow-on subcontract to provide materials to a large prime contractor managing and operating a US national security site.
  • Successfully represented federal government contractor in the process of submitting a Novation Agreement to the General Services Administration resulting in the novation of the company’s GSA Schedule from one corporate entity to another.
  • Advised a family for over a 10 year period on a complex set of integrated transactions to restructure their family businesses and address creditor issues.
  • Represented large industrial manufacturing company in sale of holding company owned by a family and an ESOP; spin-off of all assets except one operating subsidiary.  Required sophisticated tax, environmental and retirement plan advice and documentation.
  • Advising a NYSE-listed provider of oilfield equipment and services regarding SEC disclosure and compliance issues.
  • Represented acquiring company in stock purchase of manufacturing company.
  • Represented a communications technology manufacturing company with various supply agreements.
  • Negotiated the sale of a multi-state flooring and distribution closely held family business for a family composed of some 20 shareholders covering four generations.
  • Represented German photovoltaic modules manufacturer for setup of U.S. subsidiaries and operation of sales facilities in the U.S.
  • Served as appellate counsel in Eleventh Circuit Court of Appeals in challenge to the exercise of the state’s long-arm jurisdiction with respect to a California company.
  • Representing a Germany-based manufacturer in a dispute with a former employee.  Assisted in obtaining an order sending several of the claims to arbitration while also obtaining a stay of the related litigation.
  • Represented a wood-chip manufacturer in connection with customized equipment purchase and supply agreements.
  • Represented a specialty chemical products company in (i) a secured lending transaction focused on security of owned multi-state commercial real estate assets and related documentation and negotiation in relation to a $320 million credit facility and (ii) the negotiation of a sale and drafting of a Purchase and Sale Agreement for owned property valued at more than $3 million located in Brockton, Mass.