Michael Schaper is a litigation partner who focuses on various types of complex civil litigation, including in numerous areas of intellectual property ...
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Experience
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- TPG Growth, the middle market and growth equity platform of TPG, in its acquisition of a minority stake in Homrich Berg.
- TPG and OneOncology in OneOncology’s acquisition of United Urology Group.
- S&S Activewear, a tech-enabled provider of apparel and accessories, and its majority owner Clayton, Dubilier & Rice, in S&S Activewear’s acquisition of alphabroder, distributor of trade, retail, apparel brands and branded products.
- Pactiv Evergreen in the sale of its Pine Bluff, Arkansas, paper mill and Waynesville, North Carolina, extrusion facility, to Suzano.
- Clayton, Dubilier & Rice in its strategic partnership with Elevance Health, which will bring together certain care delivery and enablement assets of Elevance’s Carelon Health and CD&R portfolio companies, apree health and Millennium Physician Group.
- Cornerstone Building Brands in its acquisition of Harvey, a manufacturer of high performing windows and doors.
- Yardi in an action which alleges a hub-and-spoke price fixing conspiracy between Yardi, a property management software company, and property management companies that use Yardi’s software.
- Toyota as lead counsel in its role as a victim of the conduct at issue in In re Automotive Parts Antitrust Litigation.
- Clayton, Dubilier & Rice in its acquisition of Shearer’s Foods, a leading contract manufacturer and private label supplier in the snack industry in North America.
- Kelso & Company and its portfolio company, BradyIFS, in the merger of BradyIFS and Envoy Solutions, which includes a new strategic and financial partnership with Warburg Pincus and its affiliate funds.
- Elliott in its investment leading Speyside’s single asset continuation fund to support the future growth of its portfolio company Opta.
- Five Arrows, the alternative assets arm of Rothschild & Co., in its acquisition of a majority stake in n2y, a provider of comprehensive, SaaS-based solutions for students with unique learning challenges.
- Prudential Financial in the acquisition of a majority interest in Deerpath Capital Management and its associated affiliates by PGIM, the $1.2 trillion global investment management business of Prudential.
- StanCorp Financial Group in its acquisition of the Life & Disability business from Elevance Health.
- Pernod Ricard in its acquisition of a majority stake in Skrewball, a super-premium and fast-growing flavored whiskey.
- Mitsui in the formation of the Blue Water Alliance, a joint venture in partnership with Olin Corporation.
- Pernod Ricard in its acquisition of a majority stake in Código 1530 Ultra Premium and Prestige Tequila.
- Arcesium in a trade secret and breach of contract litigation dispute brought by SS&C Technologies Holdings, Inc. and its affiliate Advent Software.
- 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.
- S&S Activewear, a leading American imprintable apparel wholesale company and Clayton, Dubilier & Rice portfolio company, in its acquisition of TSF Sportswear, a multi-line wholesaler.
- Tether and Bitfinex in the successful dismissal of a class action related to alleged misrepresentations regarding the sufficiency of reserves for Tether tokens.
- Tether, Bitfinex and related entities in a putative class action asserting Commodities Exchange Act, antitrust and fraud claims based on alleged manipulation of the price of cryptocommodities.
- Carlyle in its strategic partnership with Orsini, an independent specialty pharmacy focused on rare diseases, gene therapies and complex conditions.
- Solenis, a leading global producer of specialty chemicals, in its acquisition of German chemical producer SCL.
- Carestream Dental, a Clayton, Dubilier & Rice portfolio company and leading provider of dental technology, in the $600 million carve-out sale of its Scanning Technology business to Envista, a leading global dental products company.
- S&S Activewear in its acquisition of TSC Apparel, a leading national distributor of blank apparel and accessories.
- A major investor in Envigo, a pharmaceutical and biotechnology research provider, in the sale of Envigo to Inotiv, a drug discovery and development contract research organization, for a total transaction value of approximately $545 million.
- Pactiv Evergreen in its $380 million acquisition of Fabri-Kal, a U.S. manufacturer of foodservice and custom thermoformed plastic packaging solutions.
- 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.
- Clayton, Dubilier & Rice and Solenis in the sale of Solenis to Platinum Equity at an implied enterprise value of $5.25 billion.
- Resolution Life, a global life insurance group focusing on the acquisition and management of portfolios of life insurance policies, in a seven day bench trial resulting in an award of $75 million in damages and pre-judgment interest. The case stemmed from an attempted 2017 transaction in which Resolution Life sought to sell its Nebraska-based life insurance company, Lincoln Benefit Life, to Global Bankers Insurance Group.
- Cornerstone Building Brands in the sale of its Insulated Metal Panels business to Nucor for $1 billion in cash.
- Carlyle, as majority owner of Syniverse, in Twilio’s $750 million investment in Syniverse.
- GoDaddy in its acquisition of Neustar’s Registry business, a registry technology platform that includes an extensive portfolio of top-level domains.
- Peabody Energy Corp., a leading coal producer, in the FTC’s challenge to its joint venture with Arch Resources, Inc.
- BMO Harris Bank in a bankruptcy adversary proceeding arising out of a multibillion dollar Ponzi scheme operated by Thomas J. Petters.
- 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).
- Learning Annex in obtaining a $23 million judgment after a jury trial of quasi-contract claims in the Southern District of New York.
- Bayer in obtaining a preliminary injunction against a TV ad that falsely claimed that Sentry Fiproguard Max prevents fleas and ticks from coming into contact with pets.
- The National Football League in winning summary judgment against retired players' publicity-rights claims.
- Allied Domecq in obtaining dismissal of ownership claims filed by a Russian Federation entity related to the Stolichnaya trademark.
- A leading international life insurance company in successful settlement of securities litigation arising from its demutualization.
- Induchem in a breach of contract lawsuit with its distributor, Lipo Chemicals, which resulted in a successful settlement just prior to jury selection.
- Defendants in the federal and state court price fixing cases: Carbon Black Antitrust Litigation and Vitamins Antitrust Litigation.
- Plaintiff in tying, bundling and monopolization claims against major distributors of medical supplies.
- Bayer in false advertising challenges against Merial and Elanco over advertising for their competitive flea and tick control products for pets.
- BA Sports Nutrition in its defense of false advertising and trade disparagement claims by the makers of Gatorade about marketing materials comparing BODYARMOR Superdrink to Gatorade.
- Pernod Ricard, in litigations in court, the Patent and Trademark Office, and the National Advertising Division involving trademark and advertising claims related to Stolichnaya vodka.
Education
- University of Chicago Law School, 2001, J.D.
- Tufts University, 1998, B.A.