Manufacturing & Industrial
Our cross-disciplinary legal team advises some of the largest manufacturers in the world. We team with our clients on everything from day-to-day operational matters to sophisticated transactions and litigation. We handle mergers and acquisitions, governance and compliance, insurance recovery, reorganization and bankruptcy, environmental litigation, and mass torts. To this end, we leverage our extensive knowledge and strength to help our clients achieve their most ambitious business goals.
Work we do within this industry includes:
- Antitrust & Trade Regulation
- Bankruptcy, Financial Reorganization & Creditors' Rights
- Business Litigation
- Class Action Litigation
- Corporate
- Employee Benefits & Executive Compensation
- Employment Counseling & Litigation
- Environmental Law & Litigation
- Insurance Recovery
- Life Sciences
- Litigation
- Mergers & Acquisitions
- Patent Counseling & Prosecution
- Privacy & Cybersecurity
- Private Equity
- Products Liability & Specialty Torts
- Real Estate
- Tax
- Transactions & Advisory Group
- White Collar Criminal Defense
EXPERIENCE
-
Represented Indorama Ventures Public Company Limited in its acquisition from BP Amoco Chemical Company of a 1,000-acre manufacturing facility located in Decatur, Alabama which produces 1 million metric tons of annual purified terephthalic acid (PTA) capacity and 732,000 metric tons of paraxylene (PX) capacity.
-
Defended numerous product manufacturers against putative class action claims under the New Jersey Consumer Fraud Act, including the manufacturers/sellers of the allergy drug Claritin and Coppertone sunscreen.
-
Represented BASF Corporation, a multi-national chemical producer, in its acquisition of ZedX, Inc.
-
Represented an air cargo carrier in international antitrust cartel investigations and related civil litigation.
-
Represented Liberator Medical Holdings, Inc., a leading national medical device manufacturer, in its $181 million acquisition by C. R. Bard, Inc.
-
Representations involving bankruptcy, restructuring, financial reorganization and creditors’ rights issues include: Gulf Chemical & Metallurgical (UCC), Archer Daniels Midland (creditors’ rights counsel), Hanjin Shipping (counsel to several container companies, terminal operators, railway carrier), Exide Technologies (UCC) and Noranda Aluminum (UCC)
-
Defeated certification of a class of ratepayers suing a Massachusetts electric utility for damages caused by widespread and lengthy blackouts following a major winter storm. Successfully defended that result on appeal to the Massachusetts Supreme Judicial Court, which resulted in one of the key Supreme Judicial Court opinions addressing the standards for class certification in Massachusetts.
-
Represented Blue Bird Corporation, an American bus manufacturer and portfolio company of Cerberus Capital Management, as securities counsel in Blue Bird’s business combination with Hennessy Capital Acquisition Corp. and the launch of Blue Bird as a public company.
NEWS & INSIGHTS
PUBLICATIONS
- "How Regulation A Updates Could Benefit Smaller Reporting Companies," Corporate Counsel
- "Disentangling From an Alter Ego in Bankruptcy Court," Construction Executive
- "Consignment the Wrong Way: Recovery Still Possible," Business Credit
-
"Class Action Arbitration Waivers: U.S. Supreme Court Rules for the Employer," Employment Counseling & Litigation Client Alert
PRESS MENTIONS
-
Law360 quotes James C. Shehan in an article discussing the likelihood of an increase in litigation against U.S. Food & Drug Administration (FDA) policies should the Hon. Brett Kavanaugh of the U.S. Court of the Appeals for the District of Columbia Circuit be confirmed to the U.S. Supreme Court. Judge Kavanaugh has criticized the Supreme Court’s Chevron doctrine, which mandates judicial deference to reasonable administrative agency interpretations of ambiguous federal laws, as enabling agencies to “stretch the meaning of statutes.” Shehan predicts that a shift by the Court on Chevron will spark more lawsuits against the FDA. He notes that while Chevron may still inspire judicial deference in cases involving complex scientific matters, any lessening of deference more generally would diminish the FDA’s authority. (subscription required to access article)
-
Law360 quotes Robert J. Kipnees and notes Kipnees and Michael A. Kaplan as counsel to the Union Mutual Medical Fund (UMMF) and its trustees in an article discussing UMMF’s 2nd Circuit victory in a 10-year litigation against the Teamsters Local 210 Affiliated Health and Insurance Fund and its trustees. (subscription required to access article)
-
The New Jersey Law Journal and Law360 note Gavin J. Rooney and Naomi D. Barrowclough as counsel to Bil-Jim Construction Co. Inc. executives for whom our lawyers secured dismissal from a putative class action brought under the New Jersey Prevailing Wage Act.
-
The Global Legal Chronicle highlights Lowenstein Sandler’s selection as legal counsel to represent Gibson Brand’s Official Committee of Unsecured Creditors in its Chapter 11 bankruptcy proceedings. The article notes that the Lowenstein team is led by Jeffrey Cohen and Kenneth A. Rosen and includes Wojciech F. Jung, Andrew David Behlmann, Scott Cargill, and Keara Waldron. Lowenstein’s Delaware co-counsel on the engagement is Adam Landis of Landis Rath & Cobb LLP.