M&A Litigation

• Confidential ICC Arbitration, London, England. Represented leading nuclear medicine company in series of indemnification and rep and warranty claims involving tens of millions of dollars in claimed damages.
• Confidential Purchase Price Adjustment Arbitration, Administered by JAMS, San Francisco. Complete defense verdict in earnout claim of approximately $48 million brought against publicly-traded, leading clean energy projects developer by former shareholders of an acquired business asserting amounts due under an earn-out provision in merger agreement.
• Confidential Purchase Agreement Arbitration, Chicago, IL. Represented global crane manufacturer in confidential AAA arbitration defending against fraud and rep and warranty claims in connection with sale of business.
• Confidential Purchase Price Adjustment Arbitration, St. Louis, MO. Secured award of $2.3 million for seller of business in working capital adjustment arbitration where buyer had claimed it was entitled to a $42 million downward adjustment of working capital – what was more than 30% of the deal purchase price.
• Smith and Summa LLC v. Karl Bissinger LLC, St. Louis County. Defended client against allegations of breach of contract and obtained complete defense ruling, including award of attorneys’ fees.
• Confidential Purchase Price Adjustment Arbitration, St. Louis, MO. Represented seller of business in working capital adjustment arbitration involving claim of nearly $10 million dollar downward adjustment of working capital
• Confidential Arbitration. Represented NHL club in confidential arbitration concerning ownership dispute.

Complex Commercial Disputes and Unfair Competition

• Curium v. RLS Holdings, Inc., Northern District of Illinois, Central District of Florida. Represented Curium in multimillion dollar breach of contract action.
• Curium v. Heartlight, Northern District of Ohio. Represented Curium in breach of contract and Sherman Act litigation.
• Guerbet v. SpecGx, Wilmington, DE. Represented SpecGx in multimillion dollar breach of contract action for Guerbet’s wrongful termination of a supply agreement.
• Genus Lifesciences Inc. v. Mallinckrodt, Eastern District of Pennsylvania. Defended Mallinckrodt against claims for breach of contract, trade secret misappropriation, unfair competition.
• Represent Courthouse News Services in various actions across the country seeking First Amendment access to state court litigation filings.
• Represent leading mainframe and cloud-computing technology company in variety of commercial disputes.
• ECIMOS, et al. v. Nortek Global HVAC, Western District Tennessee. Defended client against allegations of misappropriation of trade secrets, copyright infringement, and breach of contract. Complete defense findings on summary judgment.
• Dairy Queen Operators' Cooperative, Inc. vs BoDeans Cone Co., et al. Action for breach of contract and tortious interference relating to termination of supply agreement.
• City Of Rockford v. Mallinckrodt ARD, Inc., et al.; MSP Recovery Claims, Series LLC et al. v. Mallinckrodt ARD Inc., et al. Defended Mallinckrodt in several federal class actions against allegations of state and federal antitrust violations, RICO, unjust enrichment, fraud, and various common law claims regarding specialty pharmaceutical pricing and distribution.
• Energizer Brands LLC v. The Procter & Gamble Company, The Gillette Company, and Duracell U.S. Operations, Inc., Eastern District of Missouri. Action for trademark infringement, trademark dilution, unfair competition, and breach of contract.
• Energizer Brands LLC v. Everlast World’s Boxing Headquarters Corporation and Everlast Worldwide, Inc., St. Louis County. Action for breach of contract and in related TTAB proceeding.
• Energizer Brands, LLC v. TREF I 555 Maryville LLC. Represented client in injunction action involving commercial lease dispute.
• Aguilar et al. v. PNC Bank, N.A., United States District Court, Eastern District of Missouri. Defended client in $90 million civil action brought by more than ninety individual plaintiffs arising out of a Ponzi scheme, including claims of civil conspiracy, RICO, and violations of Missouri’s Uniform Fiduciaries Law. Obtained complete defense ruling on summary judgment shortly before trial. Affirmed at the Eighth Circuit Court of Appeals.
• Simmons Bedding Co., et al. v. Creative Vinyl Fabrics, Inc., et al., Superior Court of New Jersey, Essex County. Defended Spartech Plastics in $15 million action for fraud, consumer fraud, negligence, and violation of UCC warranties in connection with the presence of phthalates in Simmons Bedding products that triggered a nationwide product recall. Obtained complete defense verdict for Spartech on summary judgment shortly before trial.
• Lektron v. Tulsa Plastics et al, Tulsa County. Defended Spartech Plastics in breach of contract and defective product action.
• MEMC Electronic Materials, Inc., et al. v. Balakrishnan, Southern District of Ohio. Represented client in preliminary injunction hearing regarding trade secrets and breach of restrictive covenant in employment agreement regarding manufacture of polysilicon, resulting in favorable case resolution.
• Build-A-Bear Retail Management Inc. v. Cepia LLC, St. Louis County. Defended Build-A-Bear against breach of contract claim.
• Houlihan’s Restaurants Inc. v. Runfido Inc., District of Kansas. Represented Houlihan’s in action for violation of Kansas Uniform Trade Secrets Act, breach of fiduciary duty, copyright infringement, violation of the Computer Fraud and Abuse Act, and unfair competition.
• Stolthaven New Orleans LLC v. MEMC Electronic Materials, Inc., Eastern District of Louisiana. Defended client in multimillion dollar claim for negligence and breach of contract.
• Pippin v. Hill-Rom Corporation, Eastern District of Missouri, Eighth Circuit Court of Appeals. Defended client in negligence action, resulting in complete defense ruling on summary judgment that was upheld by the Eighth Circuit Court of Appeals.
• Represented Pamlabs in several Lanham Act false labeling claims in Louisiana and New York.

Food and Agriculture

• Represent leading privately-held pork production company in variety of commercial and anti-competition disputes.
• Represented leading soybean technology innovator in confidential commercial contract dispute arising out of development agreement.
• Represent global pet food company in variety of commercial matters.
• Advise and defend privately-held candy manufacturer on various consumer protection matters in California, including Proposition 65 and “all natural” claims.
• Represent privately-held food conglomerate in various commercial matters.
• Represented leading global agribusiness company in various commercial matters.