Cases
Representative Matters: Represented iAnthus Capital Holdings, Inc. (CSE: IAN
OTCQX: ITHUF) in its acquisition of CBD For Life, a top-ranked producer of innovative CBD-infused wellness, self-care,
beauty products.
Represented J.F. White Contracting Company, a leading heavy/civil contractor in the New Engl
region, in a series of related transactions, including the redemption of shares held by its ESOP, the sale of 100% of its remaining outst
ing shares to Dragados Construction USA, Inc. (a subsidiary of publicly-traded ACS Actividades de Construccion y Servicios SA),
the spin-off of certain assets to a newly formed limited liability company.
Represented Balchem Corporation (NASDAQ:BCPC) in its acquisition of Performance Chemicals & Ingredients Company (d/b/a SensoryEffects), a privately held supplier of customized food
beverage ingredient systems, for a purchase price of $567 million in cash.
Represented a major French sports management company in connection with the acquisition of a golf events management company for an undisclosed amount.
Counsel to a public transit agency in difficult
acrimonious labor contract negotiations with the Amalgamated Transit Workers Union seeking major concessions regarding employee co-pays for health insurance. Successfully defended against a m
amus action in the Court of Common Pleas
Commonwealth Court, the latter using the case to establish the policy favoring arbitration of disputes over contract interpretations as matter of Pennsylvania public policy. Also successfully obtained interest arbitration award reducing the employer's liability for health care insurance costs
introducing employee co-pay principle for first time, saving the agency more than $500,000 over the life of the contract.
Counsel to major manufacturer of industrial lubricants in efforts by PACE to organize one of its manufacturing plants. Negotiated settlement of numerous unfair labor practice charges filed by the union in an attempt to obtain a Gissel bargaining order. Following the resolution of the charges, the firm counseled the company through a successful representation campaign.
Counsel to numerous general contractors, construction managers
individual contractors in maintaining labor peace
uninterrupted progress on a number of major construction projects. Activities included establishing labor action plans for the projects to maximize control over developing issues, filing secondary boycott charges against offending unions with the NLRB
obtaining mass picketing injunctions to eliminate threats of violence
interruption of work on the project
reduce picketing activity.
Counsel to a major financial institution in defense of claims that an employee was retaliated against for requesting benefits under an ERISA plan. Obtained the dismissal of all state common law claims in the case, establishing the principle of the pre-emptive effect of ERISA on state common law. The successful ruling facilitated the very successful
amicable resolution to the remaining minor federal claims.
Counsel to a manufacturer of warehousing equipment in defense of actions by multi-employer ERISA trust funds for alleged unpaid delinquent contributions in excess of $100,000. The firm successfully obtained summary judgment on all claims, including complex issues of contract interpretation involving the eligibility of a substantial number of employees for participation under the terms of the plan.
Counsel to a plumbing contractor
asbestos abatement contractor in defense of actions by multi-employer ERISA trust funds for alleged unpaid delinquent contributions in each case the plaintiff funds sought amounts well in excess of $1 million. In each instance, the firm was able to resolve the litigation amicably without the payment of any additional contributions to the plaintiff funds.
Counsel to six different employers in manufacturing
heavy construction cited by OSHA for willful violations of the federal statute involving the fatality of at least one employee. The statute permits the criminal prosecution of responsible officials in such circumstances, in addition to monetary fines
penalties. In some of these cases, the proposed penalties ranged from $500,000 to $1 million. In each instance, the firm resolved the cases without criminal prosecution or individual liability to any company officers
for only modest monetary payments, without extensive litigation.
Counsel to a major pharmaceutical company in defense of claims by a competitor that the hiring of a prominent research
development executive amounted to theft of trade secrets, invoking the inevitable disclosure doctrine. Successfully negotiated resolution to the federal court action while allowing the employee to continue to work for the firm's client without substantial restriction.
Counsel to a non-profit corporation in defense of claims for wrongful discharge. The case presented the issue of the scope of wrongful discharge tort under state law. The Court's decision substantially narrowed the scope of claims cognizable against employers under this cause of action.
Counsel to a non-profit corporation successfully obtaining dismissal of claims under the Rehabilitation Act of 1973. The case presented the unique question as to the scope of the Act's protection of employees who claim retaliation during a dispute with their employer over the appropriate medical treatment of individuals receiving services through the agency. The Court ruled that the statute does not provide employees with a cause of action in the event of such disputes
the firm obtained the dismissal of all federal claims.
Counsel to a non-profit corporation in employment discrimination litigation involving questions concerning the retroactivity of amendments to civil rights statutes
the scope of Section 1981 of the statute to at-will employment relationships. The firm obtained an important ruling for all employers that the amendments did not have retroactive effect, rejecting the plaintiff's more broad interpretation of the scope of Section 1981.
Counsel to a trucking company in the defense of claims under the WARN Act for failure to provide statutory notice of layoffs in the event of the closure of numerous trucking terminals. The potential liability for a group of individual plaintiffs numbering over 100 was approximately $1.5 million. The matter was amicably resolved for a very modest payment without extensive litigation
prior to costly discovery.
