Manufacturing & Industrial

OVERVIEW
EXPERIENCE
NEWS & INSIGHTS

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.
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.
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.
Represented a manufacturing entity in a class action toxic tort suit alleging property damage and injury from groundwater plume and vapor intrusion.
Represented Ames Rubber Corporation, a U.S. developer and manufacturer of elastomeric materials, in its sale to Grafoid, Inc.
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.
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.
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.
Represented a heavy-road contractor in the first challenge to the "pay to play" law to reach the Supreme Court of New Jersey.

NEWS & INSIGHTS

PUBLICATIONS

December 1, 2017 "Construction Suppliers Beware: The Bankruptcy Code's Automatic Stay May Bar Post-Petition Perfection of Your Lien Rights," Business Credit
Bruce S. Nathan, and Eric Chafetz
October 27, 2017 "Facing Environmental Cleanup and the Insurance Policy Is Missing? You May Still Be Covered," Environmental Leader
Catherine M. Aiello
October 5, 2017 "AE Liquidation: Does the Third Circuit Provide Little Warning to Employees of Distressed Companies?," Global Banking & Finance Review
Eric Chafetz, and Michael Papandrea
September 11, 2017 "Emhart Industries: A Rare Moment in CERCLA Jurisprudence," Environmental Law & Litigation Client Alert

Richard F. Ricci, James Stewart, and Sean Collier
August 28, 2017 "EPA's Recommendations to Jump-Start Superfund," Environmental Law & Litigation Client Alert

Richard F. Ricci, and
July 19, 2017 "New York Finalizes Paid Family Leave," Employment Counseling & Litigation Client Alert

Joshua E. Knapp
May 1, 2017 "Another Highly Charged Court Decision That Electricity is a "Good" Entitled to Section 503(b)(9) Administrative Priority Status," Business Credit
Bruce S. Nathan, and
April 18, 2017 "Now More Than Ever, Companies Must be Careful to Avoid Rescission of Their Product Contamination Insurance Policies," Food Manufacturing
April 13, 2017 "CERCLA Arranger-Liability Exception Expanded," Environmental Law & Litigation Client Alert

Richard F. Ricci, and
April 13, 2017 "SEC Issues Statement on Conflict Minerals Rule; Not Much Changes," Capital Markets & Securities Client Alert

Peter H. Ehrenberg, Steven M. Skolnick, John D. "Jack" Hogoboom, Laura R. Kuntz, and Alan Wovsaniker
March 31, 2017 "New Jersey Supreme Court Finds Broad Immunity for the State in Spill Act Suits," Environmental Law & Litigation Client Alert

James Stewart, and Sean Collier
February 1, 2017 "New Jersey Changes Electronic Waste Recycling System," Environmental Law & Litigation Client Alert

James Stewart, and Sean Collier

PRESS MENTIONS

February 27, 2018
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.
August 14, 2017
Lowenstein Sandler is highlighted in Law360 for being appointed lead counsel in the appraisal proceedings of Stillwater Mining Co.
March 30, 2017
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.
February 17, 2017
In Law360, Lynda Bennett and Eric Jesse are mentioned for their representation of a food equipment manufacturer in its insurance broker malpractice lawsuit.
January 26, 2017
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.
January 11, 2017
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.
December 14, 2016
Lynda Bennett comments in Law360 on a New Jersey Supreme Court decision that will address insurance allocation issues associated with long-tail asbestos liabilities.