Manufacturing & Industrial

James C. Shehan, Chair of Lowenstein’s FDA Regulatory practice, is interviewed on the “Not So Different” podcast by the Center for Biosimilars on the FDA’s recently released final guidelines on demonstrating interchangeability, which Shehan knows well because he helped craft the sections of the Biologics Price Competition and Innovation Act that govern interchangeability. He also addresses the upcoming transition of insulin to its regulation as a biologic instead of as a drug, and the possibility of it being categorized as an interchangeable one day.

Lowenstein Sandler’s representation of Abry Partners in its convertible preferred equity investment in PowerFleet, Inc., the new global IoT company to be formed by the acquisition of Pointer Telocation Ltd. by I.D. Systems, Inc., was mentioned in ROI-NJ, Law360, The PE Hub Network, StreetInsider.com and the Global Legal Chronicle. (Lowenstein deal team: Steven E. Siesser, Brooke A. Gillar, Kate Basmagian, and Matthew A. Weston.) View Lowenstein’s news announcement about this transaction.

Lowenstein’s 2019 promotion of seven lawyers to partner and six to counsel (including three women in each category) is noted in Bloomberg Law – Big Law Business. These promotions are also highlighted in LawFuel, The Deal, and the Commerce and Industry Association of New Jersey’s (CIANJ) Business Beat newsletter, with Lesley P. Adamo, Dmitry Andreev, Marc S. Kurzweil, James B. O’Grady, Eileen Overbaugh, Peter Slocum, and Julie Levinson Werner highlighted as newly elected partners and Brandon Fierro, Joseph G. Jones, Robert Lynn, Brianne Perlman, Nedda N. Salehi, and Leah Satlin listed as promoted to counsel. Gary M. Wingens is quoted regarding the critical role these lawyers will play in the firm’s continued success. Law360 notes our partner elevations in an article highlighting firms' Q1 promotions. (subscription required to access certain content) View Lowenstein’s news announcement about these promotions.

Doreen M. Edelman is quoted in the International Business Times discussing the delay of a trade deal between the United States and China. Edelman suggests that the suspension could be due to the conflicting goals of the President and Congress.

Lowenstein’s victory in a property condemnation and valuation litigation filed on behalf of the New Jersey Sports and Exposition Authority against the Town of Kearny, New Jersey, is profiled in the Global Legal Chronicle. The write-up notes the Lowenstein team: James Stewart, Rachel K. Warren, and Rasmeet K. Chahil. View Lowenstein’s news announcement about the court's decision.

The PE Hub Network, The Deal, and Law360 (December 12, 2018; January 24, 2019) note Lowenstein Sandler as lead counsel to Cerberus Capital Management, L.P. in its acquisition of Sparton Corporation (NYSE: SPA). (Lowenstein deal team: Marita A. Makinen, Robert G. Minion, Jeffrey Blumenfeld, Mary J. Hildebrand, Nicholas G. Mehler, Christine Osvald-Mruz, Matt Savare, Jeffrey M. Shapiro, James C. Shehan, Michael Walutes, Jack Sidorov, Norman W. Spindel, Stuart S. Yusem, Manali Joglekar, Sabrina Cua, Allison Gabala, Megan Monson, Alex H. Rosenthal, Bryan Sterba, Matthew Tippy, Lauren E. Killeen, and Lauren M. Troeller.) (subscription required to view certain content) View Lowenstein’s news announcement about this transaction.

Knotel, the second-largest coworking company in Manhattan, finalized a ten-year, 60,323 square foot lease at 61 Broadway. This deal reflects the growing opportunities in the Lower Manhattan market for flexible real estate. The 61 Broadway deal has been featured in such publications as The Real Deal, Globe St., and Commercial Observer. Knotel was represented by Edward J. “Ted” Hunter and Daniel A. Suckerman.

Doreen M. Edelman is featured in a two-part FCPA Compliance Report podcast (December 10; December 17, 2018) discussing the Committee on Foreign Investment in the United States (CFIUS). In part one, Edelman highlights the recent increase in non-compliance penalties, the development of national security measures due to disruptive technologies, and the expansion of CFIUS jurisdiction to companies purchasing non-controlling investments in U.S. companies. In part two, Edelman discusses the requirements for mandatory filings under the CFIUS Pilot Program. 

MarketWatch, GlobeNewswire, TenLinks, StreetInsider.com, Yahoo! Finance, Digital Engineering, Global Legal Chronicle, and Crain's Detroit Business note Lowenstein Sandler as counsel to Altair Engineering Inc. (Nasdaq: ALTR) in its $176 million acquisition of Datawatch Corporation (Nasdaq: DWCH). (Lowenstein deal team: Peter H. Ehrenberg, Michael J. Mueller, Elizabeth A. Mandle, Justin Gindi, Colin J. Kirby, Valeska Pederson Hintz, Kate Basmagian, Lauren E. Killeen, Darren Goodman, Megan Monson, Brian A. Silikovitz, Sophia Mokotoff, Mark P. Kesslen, Manali Joglekar, Leah Satlin, Jeffrey Blumenfeld, Jack Sidorov, Jeffrey M. Shapiro, Lynda A. Bennett, Eric Jesse, Lowell A. Citron, Lauren M. Troeller, and Erica Perlmutter.) View Lowenstein’s news announcement about this transaction.

Michael B. Himmel is quoted in The Anti-Corruption Report in an article discussing Vantage Drilling International’s settlement charges with the SEC. Himmel analyzes the case and provides insight as to what Vantage could have done in order to obtain a different outcome. (subscription required to access article)

Law360 quotes Doreen M. Edelman in an article discussing the arrest of Huawei Technologies CFO Meng Wanzhou. Meng’s arrest came amid U.S.-China trade negotiations that have triggered stock market uncertainty. Edelman notes the consequences U.S. businesses could face if Meng’s prosecution stalls the negotiations’ progress, and she advises clients to “continue planning along a worst-case scenario for the long term.” (subscription required to access article).

Doreen Edelman is quoted in Law.com in an article discussing President Trump and China’s Xi Jinping’s recent agreement to a 90-day truce in the trade war. Edelman notes that it is a difficult situation for companies to prepare for and states that she advises clients to diversify their supply chains and have a plan of action in the event higher tariffs are implemented. (This article also appeared in Corporate Counsel, Yahoo! Finance, The American Lawyer International, and the New York Law Journal.) (subscription required to access certain content) 

Business Wire, MarketWatch, Pharmaceutical Business Review, Cosmetics Technology, ABF Journal, Cision PR Newswire, and the Tullahoma News note Lowenstein Sandler as counsel to Crown Laboratories, Inc. (Crown Laboratories) and Hildred Capital Partners, LLC in Crown Laboratories’ acquisition of the North American distribution rights of five OTC consumer brands from GlaxoSmithKline plc (NYSE: GSK). (Lowenstein deal team: Herschel S. Weinstein, Sam E. Khan, Mitchell McDonald, Sunita Patel, James C. Shehan, Matthew P. Hintz, Sofia Kopelevich, Michael A. Buxbaum, Nicholas Gonski, Matthew Tippy, Jeffrey M. Shapiro, and Jack Sidorov. View Lowenstein’s news announcement about this transaction.

Doreen M. Edelman is quoted in a Corporate Counsel article discussing a possible meeting between President Trump and China’s Xi Jinping at the G20 Summit and the potential impact on U.S. companies’ dealings with China. Edelman notes the present international trade climate and states that she advises clients to be prepared for anything in the short- and long-term.

Infosurhoy (November 21, 2018), Chron (October 29, 2018), The Seattle Times (October 25, 2018), The Vindicator (October 25, 2018), The Associated Press (October 25, 2018), the New York Post (October 11, October 14, October 16, and October 24, 2018), and Bloomberg Quint (October 17, 2018) quote Kenneth A. Rosen in several articles exploring the aftermath of Sears Holdings Corp.’s bankruptcy and the continued attempts by former Sears CEO Eddie Lampert to avoid liquidation. Rosen comments on the state of Sears’ current financing and on the highly public manner in which Sears' assets were sold to Lampert’s hedge fund, ESL Investments. 

The Washington Post, The American Lawyer, Global Trade Review, Bloomberg Law – Big Law Business, Law360, The National Law Journal, the New Jersey Law Journal, International Trade Today, The Deal, TXF, and citybizlist highlight the launch of Lowenstein’s Global Trade & Policy practice in the firm’s Washington, D.C. office and the arrival of Doreen M. Edelman (practice chair), Abbey E. Baker, Andrew Bisbas, and Megan C. Bodie. The Global Trade & Policy practice will provide U.S.-based clients, foreign clients, and foreign-owned U.S. companies with compliance and policy development services. Areas of emphasis will include import tariffs and classifications, OFAC regulations and sanctions, CFIUS review protocols, and export controls. (subscription required to access certain content)

Reuters, Axios, The PE Hub Network, Food Processing Technology (October 31, 2018; November 2, 2018), Global Legal Chronicle, and just-food.com note Lowenstein Sandler as counsel to Traub Capital LLC in its acquisition of Signature Brands from The Hero Group. (Lowenstein deal team: Michael A. Brosse, Michael J. Mueller, Sabrina Cua, Justin Gindi, Lowell A. Citron, Theodore C. Sica, Nicholas Gonski, Michael Walutes, Nicholas G. Mehler, Matthew P. Hintz, Sofia Kopelevich, Darren Goodman, Megan Monson, Eric Jesse, James C. Shehan, Stuart S. Yusem, and Mitchell McDonald.) View Lowenstein’s news announcement about this transaction.

The Anti-Corruption Report quotes Michael B. Himmel in an article discussing United Technologies Corporation’s bribery-related settlement with the U.S. Securities and Exchange Commission. Himmel comments on how the government views the legitimacy of certain corporate entertainment and other expenses, the importance of corporate self-reporting, factors the SEC weighs in calculating civil penalties, and impediments to the Department of Justice in building a case against a company that does business overseas. (subscription required to access article)

Reuters quotes Jeffrey D. Prol, counsel to debtor Duro Dyne Corp. in its Chapter 11 bankruptcy filing, in an article discussing the U.S. Department of Justice’s objection to Duro Dyne’s appointing a lawyer to represent potential future claimants against the company.

Law360 quotes Jeffrey D. Prol regarding sheet metal equipment and accessories manufacturer Duro Dyne Corp.’s recent Chapter 11 bankruptcy filing. Representing the debtor, Prol indicates that the filing is designed solely to address the company’s asbestos liabilities. (subscription required to access article)

Law360 notes Gavin J. Rooney and Joseph A. Fischetti in an article highlighting a victory for our clients in two related class actions in which the New Jersey Appellate Division affirmed the lower court’s dismissal of the actions. Plaintiffs alleged violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, but Lowenstein Sandler won a threshold motion to dismiss (affirmed on appeal) for failure to show harm. The case is Gregory R. Duke, et al. v. All American Ford, et al. (subscription required to access article)

Law360 quotes James Stewart and mentions Rachel K. Warren and Lowenstein Sandler in an article profiling the firm’s New Jersey appeals court victory on behalf of our client, the New Jersey Sports and Exposition Authority (NJSEA). The court affirmed the trial court’s finding that the NJSEA was not responsible to the town of Kearny, New Jersey, for indemnification of any amount Kearny may owe to John P. Keegan for funds Keegan paid to fund a portion of the cleanup of a landfill. (subscription required to access article)

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 Lynda A. Bennett, who critiques a strongly worded dissenting opinion in a recent appellate court ruling upholding the “unavailability rule” which protects policyholders from having to pay for costs attributed to claims arising during a time period when insurance coverage was not available for a particular risk. (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.

Kenneth A. Rosen comments in Turnarounds & Workouts regarding the judge’s rejection of a potential bidder’s demand for a negotiating fee in the Chapter 11 bankruptcy liquidation of Bon-Ton Stores. Citing time limits under the U.S. Bankruptcy Code, Rosen claimed there were issues which prevented the retailer from being able to reorganize.

Law.com quotes R. Scott Thompson, lawyer for Sally DeLorean and the estate of her late husband, auto executive John DeLorean, regarding their litigation against the DeLorean Motor Co. for royalties improperly collected from Universal Pictures. (subscription required to access article)

Modern Healthcare quotes James C. Shehan, Head of Lowenstein’s FDA Regulatory Practice, on how the FDA’s new Medical Device Safety Action Plan will fill gaps in device regulation and may portend further FDA action in other areas.

Law360 notes Michael D. Lichtenstein and Catherine M. Aiello as counsel for Cooper Industries LLC in an article discussing Cooper’s victory on appeal in a state court insurance coverage action. (subscription required to access article)

Law360 quotes Kenneth A. Rosen, counsel for the Official Committee of Unsecured Creditors of Cenveo, Inc., regarding objections to the envelope maker’s hiring one of its former vice presidents to renegotiate the company’s commercial leases as part of its Chapter 11 bankruptcy proceedings.

The Global Legal Chronicle highlights Lowenstein Sandler’s selection as legal counsel to represent Fibrant LLC’s Official Committee of Unsecured Creditors in its Chapter 11 bankruptcy proceedings. The article lists Jeffrey D. Prol and Bruce S. Nathan as leaders of the Lowenstein team.

Reorg Research, Chemical Engineering, and Textile World highlight Lowenstein as the legal advisor to Indorama Ventures Public Company Limited in its joint venture acquisition of M&G Chemicals’s Corpus Christi, Texas-based PTA-PET plant. Lowenstein is also listed as Indorama’s legal advisor in its acquisition of M&G Polimeros Brazil S.A., the largest PET facility in Brazil, by Textile World, Plastic News Europe, and Plastics in Packaging. (subscription required to access Reorg Research article)

Law360 lists Richard F. Ricci as a member of its 2018 Environmental editorial advisory board, the goal of which is to obtain feedback on the publication’s coverage and gain insights from leaders in the field on how best to shape future coverage.

Wojciech F. Jung is quoted in Reorg Research regarding the Chapter 11 bankruptcy proceedings of Appvion, Inc. Representing the Official Committee of Unsecured Creditors, Jung prosecuted the committee’s motion for derivative standing to commence and prosecute actions on behalf of the debtors’ estates against the prepetition lenders, DIP lenders, and their representatives. (subscription required to access article)

Reuters quotes Kenneth A. Rosen in an article noting that a senior-level bankruptcy lawyer has been appointed to serve as independent examiner in Cenveo Inc.’s Chapter 11 bankruptcy proceedings, though the company’s Official Committee of Unsecured Creditors will have primary responsibility for investigating the company.

Kenneth A. Rosen is quoted in WSJ Pro Bankruptcy regarding the bankruptcy proceedings of specialty paper manufacturer Appvion Inc. Representing the Official Committee of Unsecured Creditors, Rosen stated that the protection of creditors would be best met by negotiations of a potential plan of reorganization, as opposed to a Chapter 11 auction.

The Global Legal Chronicle highlights Lowenstein’s being selected as legal counsel to handle the Chapter 11 bankruptcy proceedings of the Official Committee of Unsecured Creditors of Cenveo Inc. The article lists Kenneth A. Rosen, Mary E. Seymour, Bruce D. Buechler, Bruce S. Nathan, and Eric Chafetz as the Lowenstein team.

Steven M. Skolnick and Michael Lerner are highlighted in Law360 regarding their representation of Motus GI Holdings, Inc. and its successful IPO.

Construction Business Owner highlights Lowenstein’s representation of Foley, Inc. in its acquisition of Ransome CAT.

James C. Shehan, Head of Lowenstein’s FDA Regulatory Practice, is quoted in Modern Healthcare regarding the security of medical devices pertaining to health systems, noting the lack of absolute security in the electronic world.

James C. Shehan comments in Law360 on the FDA’s 2017 enforcement statistics showing a continued drought of drug promotion enforcement.

Wojciech F. Jung is quoted in Debtwire and Law360 with respect to disputes surrounding approximately $325 million in secured financing sought in the bankruptcy proceedings of Appvion. Jung represents the Official Committee of Unsecured Creditors of the specialty paper manufacturer, which filed for chapter 11 with over $700 million in debt.

As New Jersey Attorney General, Christopher Porrino is quoted in Reuters, NJ Spotlight, Observer, and NJ.com (among other outlets) on the state’s suits against drug companies for their role in the opioid epidemic.

As New Jersey Attorney General, Christopher Porrino is quoted on News12 New Jersey and NJ.com (among other outlets) on changes to opioid prescribing rules.

Wojciech F. Jung is quoted in Reorg Research with respect to a decision issued by a U.S. Bankruptcy Court on September 11, 2017 in the Short Bark Industries case pending in Delaware. In that case Wojciech argued, and the Court agreed, overruling contrary arguments by the government, that the recent U.S. Supreme Court decision in Jevic did not foreclose court approval of agreements resulting in the distribution of funds to junior creditors ahead of senior creditors (i.e., class skipping). (subscription required to access article)

Lynda A. Bennett comments in Law360 on how a recent Third Circuit decision limiting the ability of policyholders to keep coverage disputes out of federal court may lead to inconsistent rulings by federal and state courts on insurance coverage issues.

Lowenstein Sandler is highlighted in Law360 for being appointed lead counsel in the appraisal proceedings of Stillwater Mining Co.

Michael S. Etkin is quoted in The Street about the implications of the Chapter 11 filing of Westinghouse Electric Co., including the impact on its parent company, Toshiba.

In Law360, Lynda Bennett and Eric Jesse are mentioned for their representation of a food equipment manufacturer in its insurance broker malpractice lawsuit.

Bruce S. Nathan is quoted in NACM eNews regarding the effect of prepackaged and prearranged Chapter 11 plans on unsecured creditors in the energy, metals, and mining sectors, which has burdened unsecured creditors to respond to protect their interests in a very short timeframe.

Michael S. Etkin is quoted in Law360 regarding the decision by the bankruptcy court in the Fisker Automotive Chapter 11 case in favor of our clients overruling the objections to claims based upon the mandatory subordination provisions of the Bankruptcy Code. Our clients purchased membership units of a non-debtor special purpose vehicle which itself invested in the preferred stock of Fisker Automotive. Etkin, representing these membership unit purchasers in the bankruptcy proceedings of the electric car maker, argued that the claims of these creditors against Fisker should not be subordinated and junior to all other unsecured creditor claims. In a 21-page opinion, the court agreed. 

Lynda Bennett comments in Law360 on a New Jersey Supreme Court decision that will address insurance allocation issues associated with long-tail asbestos liabilities.