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Successful clearance of a merger between two health care providers in the correctional medical services field that was investigated by the FTC.
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Successful termination of a non-public investigation by the FTC without issuance of a complaint of alleged anticompetitive practices among dental providers.
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In these companion trademark infringement/declaratory judgment cases, the issue was whether CertainTeed’s ENERGEN trademark for solar panel roofing shingles infringed Energen’s rights in trademark ENERGEN for natural gas services.
The case involved a substantial question concerning the priority between a first-filed declaratory judgment action and a later-filed affirmative trademark infringement suit. It also involved questions of trademark infringement between identical marks but that are used on markedly different products. We successfully moved for transfer of the first filed S.D.N.Y. case to Alabama for consolidation with the suit we filed for Energen in N.D. Alabama. After the court ordered mediation, we resolved the matter with a trademark co-existence agreement, summer 2011.
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Successful termination of a non-public investigation by the FTC without issuance of a complaint of alleged anticompetitive practices in electronic publishing industry.
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Representation of declaratory judgement plaintiff/counterclaim defendant in a patent infringement and trademark infringement case involving medical products in United State District Court. Case was successfully resolved before trial.
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Confidential investigation by FTC of a proposed merger. Resolved issued raised by the FTC, permitting transaction to close.
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False advertising case filed under Section 43(a) of the Lanham Act
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Premerger clearance with FTC and Department of Justice in construction and construction engineering transaction. This transaction also involved evaluation of numerous international premerger filings and coordination of international filings.
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Trademark infringement matter
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Premerger clearance investigated by Department of Justice in Ready-Mix Concrete and Cement industries (2008)
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Premerger clearance of transaction in construction aggregates industry. Investigated by the Department of Justice, which led to issuance of a Second Request. Completed compliance with Second Request and transaction closed. (2007)
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Premerger clearance of transaction in Ready Mix concrete industry. Investigated by Department of Justice, cleared after initial investigation (2007)
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This matter arises from the In re Literary Works in Electronic Databases Copyright Infringement Litigation, and is before the Supreme Court on a jurisdictional issue. The underlying matter is a series of copyright infringement class actions consolidated for multidistrict litigation.
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Represented defendant in copyright infringement case involving computer software. Settled after obtaining partial summary judgment on copyright infringement and trade secret claims.
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Represented franchisee in franchise termination and trademark infringement case. Settled while summary judgment motions pending.
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Trademark infringement case against our client, the defendant, following a name change by our client. Resolved in 2009 with a settlement after disposition of multiple issues on summary judgment.
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Represented plaintiff in trademark infringement and cybersquatting case. Obtained permanent injunction and damages.
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Copyright infringement.
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The firm successfully represented Circle S Industries, one of the world’s largest producers of interconnection bonding wire used in computer chips, in one of the first cases litigated under the Alabama Trade Secrets Act (Circle S Industries v. Berryman). After a key group of employees left Circle S to start a competing business, we secured a preliminary injunction and secured noncompetition agreements with the former employees. Several years later a group of these defendants violated the agreement, and we assisted Circle S in bringing suit, alleging breach of the settlement agreement and trade secret misappropriation. The case settled while in arbitration.
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Represented plaintiff in trademark infringement case involving franchise. Obtained permanent injunction and damages.
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Represented plaintiff in declaratory judgment suit concerning enforceability of non-compete provision.
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Trademark infringement.
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Trademark/Trade dress infringement.
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Antitrust class action.
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Acquisition of McGriff, Siebels & Williams, Inc. by BB&T Corporation.
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Acquisition of SouthTrust Corporation by Wachovia Corporation.
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Acquisition of Shearwater Corporation by InHale Therapeutic Systems.
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Acquisition of Harden Manufacturing Company by Linsalata Capital Partners Fund V, L.P., (Premerger clearance).
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Acquisition of Lockwood Greene Engineers, Inc. by CH2M HILL Companies.
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Preparation of Franchise Agreements and Offering Circular for high-end salon and spa.
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Preparation of Franchise Agreements and Offering Circular for Christian Family Publications, Inc.
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Preparation of Franchise Agreements and Offering Circular for Chester’s International, as well as multistate registration of Offering Circular.
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Preparation of Franchise Agreements and Offering Circular for Alabama restaurant business.
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Represented plaintiff in patent infringement case involving cardiopelegic solutions. Obtained summary judgment on all claims.
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Our client, Neptune Technology Group terminated its long time distributor in Michigan, SLC Meter Service. Shortly after the termination was effective, Neptune appointed a new distributor that was a new company formed by several former employees of SLC Meter and the principal of another existing Neptune distributor. SLC Meter sued Neptune, the new distributor, and all of the individuals involved in Michigan state court. Neptune successfully invoked an arbitration clause in the distribution agreement and obtained dismissal of the state court case with respect to all parties. SLC Meter then re-filed its claims against Neptune and the other defendants in arbitration before AAA. The arbitration demand included claims for misappropriation of trade secrets, intentional interference with contractual relations, intentional interference with business relations, breach of fiduciary duty, defamation, breach of contract, unjust enrichment, exemplary damages under Michigan law, and for violation of the Michigan Sales Representative Act. The case involved substantial questions of Michigan law under their trade secrets act and intentional interference law. Also, the damages the plaintiff was prepared to present at the damages hearing was in the $6M-$8M range. We successfully moved for dismissal of a Michigan state court case to compel arbitration. In the arbitration, we successfully obtained bifurcation of the liability and damages phase. The arbitration panel issued its award on May 27, 2011. The award found in favor of Neptune and all of its co-defendants, and dismissed the claims against them.
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