Represented creditors committee in chapter 11 bankruptcy cases of two industrial companies with low 8 figures of debt. Negotiated for terms in confirmed plan of reorganization that provided payment of administrative expense claims, guaranteed recovery to unsecured creditors, and additional payments to unsecured creditors if reorganized company performed well.
Represented stalking horse purchase in successful acquisition of a division of the debtor’s company via section 363 of the Bankruptcy Code.
Represented stalking horse purchase in successful acquisition of the debtor’s manufacturing facility via section 363 of the Bankruptcy Code.
Represented creditor with seven figure unsecured claim in successful negotiations to be named a critical vendor and to negotiate even better trade terms with the debtors than existed before the commencement of the bankruptcy cases.
Represented ad hoc committee of judgment creditors in successfully breaking-up proposed restructuring seemingly for the benefit of insiders, and successfully advocated for conversion of case to chapter 7 proceeding and appointment of a trustee.
Represented creditors committee in chapter 11 bankruptcy case of coal companies with 8 figures of debt. Negotiated for sale of assets which included assumption of environmental obligations and for carve-out from secured lender that benefited unsecured creditors.
Represented for petitioning creditors to commence involuntary chapter 11 bankruptcy case against putative debtor. Negotiated successful end to the case via mediation which restructured putative debtor’s secured debt and satisfied claims of other petitioning creditors.
Represented creditors committee in chapter 11 bankruptcy cases of regional tire sales company with 8 figures of debt. Negotiated for terms in confirmed plan of reorganization that provided payment of unsecured claims in full.
- In re Equine Oxygen Therapy Resources, Inc. et al., Lead Chapter 7 Case No. 14-51611-GRS (Bankr. E.D. Ky.)
Represented two small businesses as chapter 7 debtors.
Represented debtor, owner/operator of a small hospital, in chapter 11 case with over nine figures of debt. Successfully negotiated and closed on sale of hospital, and successfully negotiated and confirmed plan of liquidation, within approximately six months of filing case.
The BGD team represented Simon Property Group in a complex breach of contract dispute that involved over 60 shopping malls across the US. At issue was a master agreement relating to janitorial services. After several years of aggressive litigation, including dozens of depositions and extensive motion practice, the case was resolved on very positive terms for Simon.
The BGD team, together with co-counsel, obtained a $584 million judgment in a case involving breach of fiduciary duty claims involving several siblings related to the disposition of commercial real estate and closely held stock in Griffin Industries, Inc., a family owned business. Our client and her co-plaintiff sisters prevailed in the district court after five years of litigation and a two-week bench trial.
The BGD Team successfully defended a group of family-member shareholders in a closely-held corporation dispute in which the Plaintiff-shareholders claimed more than $14,000,000 in damages. After a bench trial in December 2016, the Court issued a 45-page order, largely adopting our team’s proposed findings, and which resulted in a complete judgment in our clients’ favor on all of Plaintiffs’ claims.
The BGD team represented a publishing company that worked with multiple authors to create written, video and artistic content for its books and associated online resources. BGD created a series of template agreements for the company to use to formalize its relationships with the majority of its authors. This efficiency provided the client and BGD with more resources to focus on creating customized agreements for authors with unusual arrangements.
The BGD team provides IP services for an international mining equipment company related to new inventions, including drafting and prosecuting patent applications in the U.S. and in many other countries, protecting the client's trademark, protecting the client's technology through numerous technology related agreements, and dealing with import/export issues related to military controlled equipment.
The BGD team represented BAE Systems in an appeal over a judgment entered against it and in favor of AM General LLC in St. Joseph County Superior Court for $277 million. BGD came in to assist BAE on the appeal, as the trial was handled by a different law firm. The dispute related to a contract regarding the pricing for armor systems used on Humvee vehicles by the military. Shortly after the BGD team filed their Brief of Appellant, the matter was settled by agreement.
The BGD team represented OrthoPediatrics in defending against a patent infringement lawsuit in the Northern District of Texas. The accused devices related to orthopaedic devices and procedures used to straighten certain types of misaligned bones in children. Two patents, each with multiple claims, were asserted against OrthoPediatrics, and plaintiff was seeking several million dollars in damages, as well as a permanent injunction. After extended negotiations wherein the BGD team demonstrated that the patents were likely invalidated by prior art and that there was no infringement even if the patents survived such a challenge, the parties reached an agreed resolution wherein OrthoPediatrics and its distributors and purchasers were granted a worldwide license to continue to make, market, distribute, and use the accused devices and procedure.
The BGD team represented a start-up company that developed an invention for the equine industry. Our attorneys advised on technology agreements, trademarks and related business matters. We also prepared and filed patent applications and trademark applications for the client.
BGD successfully defended Blue Sky Resort and Blue Sky Casino in a nationwide class action arising from a data security breach. The client, known as French Lick Resort, is located in Southern Indiana. The data security breach involved criminals out of Russia who had installed “scraper” malware that obtained the credit card information from some, but not all, of the resort’s customers during a certain period of time. BGD worked closely with the client to offer free credit-monitoring service to impacted customers as part of the breach notification process. BGD obtained dismissal of the lawsuit in April 2016.
The BGD team represented a small game company and filed U.S. trademark applications on its behalf based on its use of its trademark on board games and its intent to use its mark on novels and short stories. Shortly thereafter, the company learned that an international publishing company planned to release a book series under a similar trademark in multiple countries, including the U.S. BGD attorneys contacted the publisher and quickly reached an amicable settlement under which the publisher changed the name of the series.
The BGD team represents leading research universities, including Purdue University, the University of Louisville, and Ball State University. We assist university technology transfer offices with multiple patents and patent prosecutions. We work with inventors to understand their inventions, draft and review invention disclosures, conduct patent and technology searches, and develop patent filing strategies.
The BGD team represented a consumer products company in its defense of alleged design patent infringement. Our team reviewed the allegations, analyzed the cited patent references and their prosecution histories, compared them to our client’s products and responded successfully to the allegations. None of these allegations has resulted in litigation.
The BGD team represented ArecelorMittal in seeking to recover damages against the supplier of an aftermarket dynamic braking contactor whose blowout coils fractured. This caused a ladle filled with 220 tons of molten iron to fall and spill in a steel making shop. Judgment was entered for over $36 million, and the BGD team sought to have that judgment affirmed on appeal.