Manufacturing & Industrial

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.