In Brief: A Digest of Manufacturing Projects

Client Success

Acted as special securities counsel for a rolled aluminum products manufacturer in its $1.4 billion exchange offer of senior notes that were registered under an S-4 Registration Statement. The original notes had been privately placed in a Rule 144A offering in connection with the company's spin-off before we were hired. The exchange offer was delayed nearly one year pending the company's financial restatement resulting in substantial special interest charges.
Husch Blackwell’s asbestos work for one large global producer of specialty chemicals started when we took over a very dangerous docket that was growing exponentially in terms of the number of cases and expense. Our team implemented new defense strategies and fought off multiple attacks from plaintiffs’ firms. As a result, our approach has worked to lower the number of active asbestos cases by over 75% and dramatically decrease the annual legal spend associated with this litigation by more than $1 million.
Obtained summary judgment for one of the world’s largest corrugated box and packaging companies against claims of breach of contract and wrongful discharge, seeking more than $1 million in individual damages.
Serve as primary environmental compliance counsel to multiple-plant, multiple-state inorganic chemical manufacturer. Representative projects include responding to requests for information on release reports, advising on hazardous waste recycling, resolving notices of violation, OSHA citations and notices of probable violation for rail and truck hazardous materials transportation, interpreting requirements for risk management programs and chemical safety security, and planning for permit renewal changes.
Represented chemical company in class action, mass actions and individual cases in five jurisdictions arising from alleged personal injuries and environmental contamination caused by pesticides and dioxins. All matters dismissed in favor of client after motions on summary judgment and on pleadings. Cases involved federal appeals on the Class Action Fairness Act (CAFA) and other issues.
Represented several packaging manufacturers in obtaining patents and trademarks to expand their scope of protection and limit competition. Patent portfolios created to cover not only the clients’ products but also the machinery and methods used to produce such products.
Obtained the dismissal of a patent infringement case for a multinational manufacturer after inter-partes re-examination of the patent-in-suit resulted in all claims rejected.
Counseled a manufacturer of form, fill and seal-type packaging machines with all of its intellectual property matters, including patent prosecution, trademark guidance, licensing and intellectual property infringement matters.
In the wake of a merger of two major medical device manufacturers, assisted the company in analyzing compliance risks associated with the federal food and drug act, False Claims Act and anti-kickback statutes. Wrote policies for conducting investigations and a manual for Foreign Corrupt Practices Act policies and procedures. Also conducted extensive interviews of national sales team and made recommendations to prevent off-label marketing.
Represented well-known manufacturing issuer with automatic universal shelf registration on Form S-3 for covering senior and subordinated debt securities, preferred stock, common stock and warrants.
Successfully enforced three non-compete agreements on behalf of a global manufacturing company, dissuading competitors from hiring other employees.
Advised a regional manufacturing company on benefits issues during the sale of its five operating subsidiaries in simultaneous mergers with a London-based investment management company. The businesses had combined annual sales of $90 million and employed 450 people.