Experience

• • White Cap, a Clayton, Dubilier & Rice portfolio company, in its acquisition of Dayton Superior, a provider of highly engineered accessories, chemicals and forming solutions within the concrete construction industry.
  • Casa Azul Spirits in the successful defense against trademark infringement claims brought by Casa Tradicíon, the maker of Clase Azul tequila, in an action that challenged the CASA AZUL trademark for tequila and tequila soda.
  • Pernod Ricard in its acquisition of a majority stake in Skrewball, a super-premium and fast-growing flavored whiskey.
  • MSCHF in an appeal to the Second Circuit from the district court’s preliminary injunction order against MSCHF's Wavy Baby artworks, which Vans alleged violated the trademarks and trade dress of its Old Skool sneakers.
  • Fox Corporation in successfully defeating a preliminary injunction motion in a trademark and false advertising lawsuit brought by the owners of the 1980s United States Football League against the league and team names of the new USFL.
  • The James Beard Foundation on a pro bono basis in successfully challenging a competing charity’s use of the slogan GOOD FOOD FOR GOOD PEOPLE, which infringed JBF’s registered trademark GOOD FOOD FOR GOOD, and in successfully defeating counterclaims seeking cancellation of JBF’s trademark.
  • Atlas Merchant Capital in its investment in and strategic partnership with MarshBerry, a boutique investment banking and consulting firm.
  • H&R Block in winning a preliminary injunction after a full evidentiary hearing against Square’s change of its corporate name to Block.
  • Kelso & Company in its acquisition of a majority interest in ReSource Pro, a market leader in business process solutions for the P&C insurance industry.
  • S&S Activewear in its acquisition of TSC Apparel, a leading national distributor of blank apparel and accessories.
  • Certain former directors and shareholders of Purdue Pharma, regarding prescription opioid litigation in various fora across the country, including a federal multi-district litigation and actions brought by states attorneys general.
  • Peabody Energy Corp., a leading coal producer, in the FTC’s challenge to its joint venture with Arch Resources, Inc.
  • WeWork in favorably resolving a challenge before the Trademark Trial and Appeal Board to the validity of its WE family of trademarks.
  • Toyota as lead counsel in its price fixing case against the four largest U.S. rail carriers in In re Rail Freight Fuel Surcharge Antitrust Litigation (No. II).
  • Costco Wholesale Corp. before the U.S. Court of Appeals for the Second Circuit in successfully overturning the lower court’s summary judgment decision that Costco counterfeited and willfully infringed Tiffany & Co.’s TIFFANY trademark for diamond engagement rings.
  • Carlyle, as majority owner of Syniverse, in Syniverse’s $2.85 billion merger, later terminated, with special purpose acquisition company M3-Brigade Acquisition II Corp. resulting in Syniverse becoming a publicly traded company.