- Represented Chemical Leaman Corporation in the disposition of a major U.S. trucking company valued in excess of $230 million.
- Represented Littlejohn & Co., a leading private equity firm, first in its acquisition of Henniges Automotive Group, a global supplier of sealing systems to the large automotive manufacturers, then in its subsequent sale of Henniges to AVIC Automotive Systems.
- Represented the acquirer of a transportation company in a $200 million tender offer.
- Represented the seller in a $550 million tender offer for a Nasdaq-listed automotive company.
- Represented JerrDan Corporation, a leading manufacturer of tow trucks and other vehicles, in the $80 million sale of its business to Oshkosh Truck Corporation.
- Represented Littlejohn in its $105 million acquisition of Durakon Industries, Inc., a Nasdaq-listed automotive supplier.
- Represented CarSense, a specialty retailer of used vehicles, in its sale to Penske Automotive Group, a large publicly traded transportation services provider that operates auto and truck dealerships and distributorships throughout the U.S., Western Europe and Canada.
- Represented the management team of a leading manufacturer of automotive replacement parts in its $70 million sale to a private equity fund.
- Continuing representation of a nationwide automotive glass supplier that outsourced its legal department to our firm in real estate and corporate matters, including leasing, disposition of excess manufacturing facilities, providing support in connection with routine corporate matters, and working with the credit department in structuring, implementing, and enforcing credit and consignment programs.
- Advised a specialty automotive parts distributor in the sale of its capital stock for $440 million to Bain Capital; we previously represented the original private equity investors in a $205 million leveraged recapitalization of the company.
- Represented a private equity firm in its $110 million leveraged tender offer of a publicly traded automotive parts manufacturer.
- Counseled a New York-based private equity firm in its $120 million leveraged acquisition of a manufacturer and distributor of automobile and truck exhaust systems.
- Represented a distributor of manufacturer’s branded automotive accessory and high-performance and speed products in connection with its sale to a private equity fund.
- Represented an online automotive parts distributor in negotiating distribution arrangements with major parts retailers.
- Represented various automobile suppliers in connection with the acquisition, sale, and lease of current and formerly operated facilities.
- Successfully defended an automotive component manufacturer as lead counsel in high-exposure products liability cases.
- Represented the leading automotive glass manufacturer in the defense of treble damage, class action litigation, as well as various related state and federal indirect purchaser antitrust actions.
- Provided assistance regarding intellectual property matters for litigation involving automotive parts manufacturers.
- Represented a Tier 1 supplier in supply chain disputes with Tier 2 suppliers and OEMs.
- Represented a Tier 2 supplier in supply chain litigation with a Tier 1 customer.
- Represented a Tier 1/Tier 2 supplier in multiple supply chain disputes and litigation.
- Represented Tier 1 automotive suppliers in products liability litigation.
- Represented a Tier 1 automotive supplier in employment litigation.
- Represented a parts supplier in a breach of contract suit relating to manufacturer’s early termination of a supply contract and defended against a motion for a temporary restraining order.
- Represented the chief accounting officer of a Tier 1 automotive supplier in an SEC enforcement action.
- Represented an automotive parts seller in a U.S. patent infringement matter involving supply chain methods, sales and marketing methods and systems, and inventory systems in the U.S. District Court for the Eastern District of Texas; the matter resolved in a settlement.
- Represented a major manufacturer of automotive components as litigation counsel in, among others, claims of willful infringement of intermittent windshield wiper and rain-sensing patents.
- Defended a major automobile manufacturer in a Rule 10b-5 securities action.
- Defended major automotive distributor against claims brought by a public auto group related to alleged claims of employee raiding and breaches of common law and statutory duties. Plaintiffs, who were seeking damages in excess of $9 million, non-suited the case during the first week of trial and during cross-examination of plaintiffs’ star witness.
- Served as regional trial counsel and national discovery counsel for a manufacturer of products for the automobile industry in cases involving serious personal injuries.
- Served as national counsel for major automotive parts supplier in cases involving complex mechanical and electrical products and often catastrophic injuries or death.
- Represented multiple Tier 1 suppliers in automotive industry Chapter 11 cases; in one case, subsequently represented the post-sale entity in litigation with a major contractor.
- Represented Tier 1 suppliers as debtors in Chapter 11 cases.
- Lead trial attorney on behalf of a variety of product manufacturers resulting in defense verdicts or nominal settlements, including trials involving issues of crashworthiness, airbag design, sensor technology, unwanted acceleration, and vehicle handling.
- Represented automobile dealers in a purported class action involving financing. After a week-long jury trial, the jury rendered a defense verdict. The trial court then certified the case as a class action and the Texas Court of Appeals reversed the certification.
- Obtained defense verdicts twice in jury trials on behalf of Mack Trucks in a lawsuit by a terminated distributor alleging antitrust violations and won counterclaim for misappropriation of trade secrets.
- Defended a major automobile manufacturer in a distributor termination case charging violations of sections 1 and 2 of the Sherman Act.
- Represented a multinational chemical corporation and its foreign parent in a complex, multiparty federal multidistrict antitrust action challenging its pricing of automotive refinishing paint.
- Represented truck manufacturers against class action federal antitrust claims brought by direct purchaser plaintiffs alleging a conspiracy to install a monopolist transmission supplier.
- Represented truck manufacturers against state law claims brought by individual indirect purchaser plaintiffs alleging a conspiracy to install a monopolist transmission supplier; secured complete dismissal, at class certification stage, of indirect purchaser class action claims.
- Secured summary judgment for a major truck manufacturer on antitrust claims brought by an independent truck dealer for alleged conspiracies between the manufacturer, dealers, and truck body suppliers.
- Represented a major truck manufacturer in an antitrust suit against a transmission supplier for alleged illegal monopolization.
- Defended a major automotive wholesaler in a Robinson-Patman Act “mass action” by nearly 200 competitors.
- Counseled clients on environmental compliance and enforcement, including air, water, waste, and remediation issues.
- Counseled clients on environmental liability issues, including liability defenses/exemptions under state and federal law, liability transfers, indemnification obligations, and insurance coverage related to various transactions.
- Represented an association of tire manufacturers in connection with EPA rulemaking proceedings and in an appeal challenging EPA rules issued under the Clean Air Act; obtained EPA rules facilitating the recycling of tires and the use of tire-derived fuels in manufacturing of cement and asphalt.
- Advised an automobile supplier regarding Toxic Substances Control Act issues, including chemical registration and protecting confidential business information.
- Advised a Tier 1 supplier in connection with Superfund remediation of currently operating and former manufacturing facilities.
- Advised a Tier 1 supplier on, and negotiated with the EPA regarding, remedial obligations and site investigations.
- Negotiated consent decrees and administrative and judicial orders with the EPA and state agencies.
- Prepared responses to state and federal regulatory requests for information.
- Advised a Tier 1 supplier in connection with Great Lakes Legacy Act projects, including site investigations and natural resource damages assessments.
- Advised a group of several automotive industry clients in connection with multiple Michigan mini-Superfund sites, including coordinating the site investigations with group environmental consultants and negotiating with the EPA and Michigan Department of Environmental Quality regarding appropriate assessment strategies and relevant exposure pathway evaluations.
- Negotiated air and water permits with state and federal regulatory agencies.
- Counseled clients on state and federal occupational safety and health act compliance and enforcement.
- Represented a group of leading tire manufacturers in connection with a court challenge to NHTSA rules related to tire pressure monitoring systems.
- Represented a U.S. tire manufacturer in connection with an NHTSA investigation related to the performance of a line of light truck tires distributed mainly in Texas and Arizona.
- Represented a global tire manufacturer in connection with a successful petition to secure an exemption from NHTSA, which eliminated the need to recall a large group of tires that were not labeled in accordance with NHTSA’s rules.
- Represented an automotive glass producer in connection with a successful petition to secure an exemption from NHTSA, avoiding the need to conduct a recall on windshields that were not labeled in accordance with NHTSA’s rules.
- Represented an association of tire manufacturers in connection with NHTSA rulemaking proceedings in which the agency imposed labeling and disclosure requirements on tire producers.
- Represented motor vehicle equipment and tire manufacturers in a variety of matters involving the U.S. Department of Transportation and its various sub-agencies, including the Federal Motor Carrier Safety Administration, the Surface Transportation Board, and the NHTSA.
- Represented motor vehicle equipment and tire manufacturers in a variety of matters involving the U.S. Department of Transportation and its various sub-agencies, including the Federal Motor Carrier Safety Administration, the Surface Transportation Board, and the NHTSA.
- Advised motor vehicle equipment manufacturers on product recalls and consumer satisfaction programs under NHTSA’s regulatory framework.
- Represented a windshield manufacturer in connection with an internal review of compliance issues involving the NHTSA and the establishment of procedures and guidelines to ensure full compliance with the agency’s automotive safety standards.
- Advised a manufacturer of remote car starters concerning safety standards issued by NHTSA.
- Represented a group of tire companies in connection with NHTSA’s safety standards for tire pressure monitoring systems.
- Represented a tire company in connection with an information request and a special order issued by NHTSA.
- Represented a glass manufacturer in connection with a recall campaign and in obtaining an exemption from certain NHTSA regulations.
- Represented a tire company in connection with a product recall initiated by the manufacturer and undertaken in cooperation with NHTSA.
- Advised a truck body manufacturer as part of a product recall initiated by the manufacturer and undertaken in cooperation with NHTSA.
- Advised a manufacturer of automobile glass components on early warning report requirements and safety standards of NHTSA.
- Counseled a tire manufacturer on safety and labeling standards and recall requirements of NHTSA.
- Represented a tire company in investigations of whether one brand of tires has a higher than “normal” failure rate and whether all of the brands have a higher tire failure rate than the industry as a whole.
- Represented a tire company in an investigation of whether returning tires subject to a voluntary recall to the foreign manufacturer is permissible under the TREAD Act.
- Represented a producer of navigational software in connection with a review of regulatory requirements and disclosure requirements imposed by the TREAD Act.
- Provided best practices and standard operating procedures to ensure compliance with laws, rules, and regulations.
- Advised global businesses on Privacy Policies and Terms of Use based on their anticipated uses and disclosures of the data collected.
- Created corporate policies for voice mail, email, social media, and Internet use by employees, and security measures for third-party providers.
- Counseled regarding employee privacy issues, including searches of employee property and drug and alcohol testing; and advising clients regarding employee nondisclosure obligations for confidential and proprietary information.
- Counseled clients on securing, maintaining, and enforcing cyber insurance policies.
- Developed and implemented permissible online marketing practices and advising on anti-spam legislation.
- Advised automotive companies, financial institutions, manufacturing, health care, and life science institutions on the development and implementation of an information security program, including an effective customer response in the event of a security breach.
- Conducted comprehensive privacy, security, and data protection audits.
- Responded to government and third-party requests for information.
- Managed liability and defended litigation related to breach of security or privacy of personally identifiable information.
- Took action, whether by way of a suit or pursuit of administrative remedies, to stop and rectify breaches once they occur.
- Represented the American distribution arm of a foreign automobile manufacturer in all data privacy and security issues relating to the procurement of information technology systems and services.
- Advised clients on developing and commercializing technology innovations, especially on protecting intellectual property and resolving issues involving complex ownership and licensing rights.
- Negotiated agreements for the licensing, maintenance, support, and acquisition of computer hardware, software, databases, telecommunications, and networking.
- Assessed the nature of the data collected and processed by clients and prioritized it.
- Assessed the flow of the data (including which third-parties have access to it).
- Identified the jurisdiction-specific legal and regulatory framework applicable to clients’ organizations.
- Trained clients’ staff on best practices in data privacy.
- Coordinated with third-party consultants.
- Counseled clients on handling data breaches, including assisting a major automobile manufacturer with breach notifications for residents of 44 states and special notifications to appropriate state attorneys general.
- Counseled with respect to a data breach involving consumer personal financial information, including counseling on the response, contacting regulatory authorities, working with public relations professionals, and advising on federal and state law requirements.