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Represented Indorama Ventures Corpus Christi Holdings LLC (subsidiary of Indorama Ventures Public Company Limited) in a joint venture between Indorama Ventures Corpus Christi Holdings LLC, DAK Americas, LLC (a subsidiary of the chemicals manufacturer Alpek S.A.B. de C.V. (BMV: ALFAA)), and APG Polytech USA Holdings, Inc. (a subsidiary of Far Eastern New Century Corporation (TT: 1402)), in the acquisition, through a bankruptcy auction, of a Corpus Christi, Texas-based PTA-PET plant from M&G USA Corp. (a subsidiary of M&G Chemicals), for a purchase price and capital contributions in the sum of $1.125 billion.
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Represented Indorama Ventures Public Company Limited (BKK:IVL) as co-counsel with Mattos Filho in its acquisition of M&G Polimeros Brazil S.A., owner of Brazil’s largest PET (polyethylene terephthalate) facility.
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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.
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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.
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Represented BASF Corporation, a multi-national chemical producer, in its acquisition of ZedX, Inc.
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Represented an air cargo carrier in international antitrust cartel investigations and related civil litigation.
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Represented Liberator Medical Holdings, Inc., a leading national medical device manufacturer, in its $181 million acquisition by C. R. Bard, Inc.
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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)
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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.
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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.
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Represented a company that manufactures, sells, and rents equipment for construction projects against allegations by five current and former unionized employees that they are or were subjected to a hostile work environment and discrimination on the basis of their respective national origins.
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Represented Guilford Mills, an American manufacturer and supplier of high-tech performance fabrics and portfolio company of Cerberus Capital Management, in its sale to Lear Corporation.
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Represented a manufacturing entity in a class action toxic tort suit alleging property damage and injury from groundwater plume and vapor intrusion.
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Represented Ames Rubber Corporation, a U.S. developer and manufacturer of elastomeric materials, in its sale to Grafoid, Inc.
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Represented equipment manufacturer in obtaining summary judgments for tens of millions of dollars for defense costs relating to asbestos cases; successfully argued appeal upholding award of coverage.
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Represented American Achievement Corporation, a portfolio company of Fenway Partners, in its acquisition of Gaspard LP and its subsidiaries, a manufacturer of academic regalia, clergy vestments, choir robes, and legal and judicial attire in the United States, Canada, and Puerto Rico.
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Represented a chemical supply company in connection with insurance coverage for nationwide toxic tort litigation. Secured summary judgment and declaratory relief that resulted in 100% defense and indemnity coverage for claims.
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Represented a heavy-road contractor in the first challenge to the "pay to play" law to reach the Supreme Court of New Jersey.
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Represented System One Holdings, LLC’s management team, a leading professional staffing company focused on the nuclear wind and solar industries, in connection with Thomas H. Lee Partners L.P.’s investment in System One.
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Represented a national developer in connection with its build-to-suit development, construction financing, net lease and the ultimate sale of three warehouse/office/retail buildings for Crate and Barrel totaling approximately 950,000 square feet (development undertaken in three phases).
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Represented an industrial owner/developer in the development, leasing and ongoing administration of a 5,500,000 square foot industrial facility in Hudson County, New Jersey.
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Arandell Printing
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Congoleum
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Latex Foam International
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Maine’s Paper & Food Service
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Northwest Company
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Sur La Table
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Representing the Official Committee of Unsecured Creditors of Century 21 Department Stores in its bankruptcy proceedings in the Southern District of New York. The Committee investigated potential estate causes of action relating to prepetition transactions involving the company’s family owners and their network of entities. Based on its investigative findings, the Committee was able to negotiate a global settlement that involved the sale of insurance claims and mutual releases for the family and entities in exchange for $59 million for the estate, plus potential proceedings sharing on the insurance claims.
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Represented the Official Committee of Unsecured Creditors of Mission Coal Company, LLC, a Tennessee coal mining company. As counsel to the Committee, we led a three-month Rule 2004 investigation and filed a motion seeking standing to prosecute a 52-count complaint, which included claims for avoidance of fraudulent transfers, recharacterization of debt as equity, equitable subordination, and corporate waste. The matter culminated in a contested confirmation trial, which resulted in the parties resolving all outstanding issues for total consideration of approximately $29 million for the estate.
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Represented Debtor Aceto Corporation and its affiliated companies, including Rising Pharmaceuticals, Inc. in its Chapter 11 filing and plan of liquidation. Aceto successfully sold its global chemicals business assets and Rising’s pharmaceutical assets in two Section 363 sales for an aggregate value of about $548 million. We continued to represent Aceto in its wind-down, including the Chapter 11 plan of liquidation process, recovery of additional assets (including certain litigation claims), and the review and reconciliation of over $1 billion in filed claims. This representation required a multifaceted effort involving coordination among various practice groups, as well as seamless integration with foreign counsel, as the client operated in more than 15 non-U.S. jurisdictions.
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Represented the Official Committee of Unsecured Creditors of Exide Holdings, Inc. in its bankruptcy proceedings in the District of Delaware. The Committee investigated potential causes of action for fraudulent conveyances and preference avoidance held by the Debtors’ estates. In connection with its investigation, the Committee conducted over a dozen witness interviews and reviewed over 10,000 documents. Based on its findings, the Committee was able to negotiate a global settlement that included $2.4 million for unsecured creditors.
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Represented the Official Committee of Unsecured Creditors of SportCo Holdings, Inc. and its subsidiaries. The litigation team conducted an extensive investigation into potential claims held by the Debtors’ estates and ensured the establishment of a litigation trust for the benefit of creditors to allow the Committee to pursue claims against the Debtor’s sole shareholder, a private equity firm. The Committee continues to represent the trustee for the litigation trust in prosecuting claims for breach of fiduciary duty, fraudulent transfer, and corporate waste.
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Represented the Official Committee of Unsecured Creditors of Cenveo Inc. The Committee’s investigation culminated in a publically filed report that included significant findings regarding potential claims against Cenveo’s insiders, including for fraudulent conveyance and breach of fiduciary duty claims relating to Key Employee Incentive Plan (KEIP) and Key Employee Retention Plan (KERP) payments and additional forms of compensation made to insiders. As a result, the parties entered into a global settlement that tripled the cash pool for unsecured creditors from $1.5 million to $7 million.
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Representing the Public Employees Retirement Association of New Mexico in the chapter 11 case of Pacific Gas and Electronic Company (PG&E) before the Bankruptcy Court for the Northern District of California. As counsel to the Association, which is the court-appointed lead plaintiff in a securities class action against PG&E’s officers and directors, we prevented the litigation from being enjoined and defeated a standing motion seeking to usurp the claims filed by the committee representing the victims of the 2017 and 2018 Northern California wildfires. We also participated in the heavily contested confirmation hearing that spanned approximately two weeks.
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Represented the Official Committee of Unsecured Creditors of Bumble Bee Parent, Inc. We successfully litigated the Committee’s objections to the Debtors’ proposed KEIP and KERP payments. We also successfully prosecuted an objection to the Debtor’s proposed Section 363 sale. As a result, the Committee and the Debtors arrived at a mutual resolution, which provided for the establishment of a litigation trust to allow the Committee to prosecute and collect on claims held by the Debtors’ estates for the benefit of creditors.
