Chipman Brown Cicero & Cole attorneys have worked on a broad variety of corporate bankruptcy, commercial litigation and corporate counseling matters. Set forth below is a selection of notable matters.
Bankruptcy And Restructuring
Representation of Ferrellgas Partners, L.P. and Ferrellgas Partners Finance Corp., a leading distributor of propane and related equipment and supplies to customers in the United States, in their prepackaged bankruptcy cases.
Representation of Juno USA, LP, et al., the third largest ride-hailing service in New York City in their Chapter 11 bankruptcy cases.
Representation of Rudy’s Barbershop Holdings, LLC, et al., a chain of 25 barbershops in five major cities, including Seattle, Los Angeles, Portland, Atlanta and New York City in their Chapter 11 bankruptcy cases.
Representation of News-Gazette, Inc. et al., a: (i) publisher of five weekly newspapers, advertising-oriented shopper products and magazines; and (ii) operator of radio stations, in their Chapter 11 bankruptcy cases.
Representation of Cedar Haven Acquisition, LLC d/b/a Cedar Haven Healthcare Center a 324 bed licensed skilled nursing facility located in Lebanon, Pennsylvania in its Chapter 11 bankruptcy case.
Representation of SEGA Biofuels, LLC an industrial wood pellet manufacturing and distribution company located in Nahunta, Georgia in its Chapter 11 bankruptcy case.
Representation of Creditors Committee in breach of fiduciary duty action against officers and directors of consumer electronics and home appliances retail chain, hhgregg, in Superior Court of Indiana. Following depositions, it successfully settled and $6 million was recovered for the creditors from D&O insurance carriers.
Representation of members of special committee of China Auto, a NASDAQ traded company, in defense of breach of fiduciary duty claims. Settlement approved, and plaintiffs’ attorneys’ fees request was reduced by 80%.
Lakeshore TolTest Corporation
Defending founder and officers of a governmental engineering and construction contractor in multi-jurisdictional bankruptcy, fiduciary duty, insurance and corporate litigation with claims in excess of $150 million relating to the sale of the company and its later bankruptcy. Favorable settlements were reached in all actions with the net effect being the clients receiving settlement proceeds.
Representation of founders/common stockholders of ZettaCore, Inc. in breach of fiduciary duty action against directors and preferred stockholders as a result of a squeeze-out merger. A favorable settlement was obtained.
Representation of founder of DocPanel in action for fraud, breach of fiduciary duties, aiding and abetting fiduciary duties and corporate control pursuant to Section 225 of the General Corporation Law of Delaware. A favorable settlement was obtained after the case was tried before the Delaware Court of Chancery, but prior to post-trial briefing.
Gorman v. Salamone (Westech Capital Corp.)
Representation of incumbent directors of Delaware corporation in corporate control fight pursuant to Section 225 of the General Corporation Law of Delaware. A favorable ruling on a seminal issue of Delaware corporate law was obtained by the Delaware Court of Chancery.
Dore v. Sweports, Ltd.
Representation of Delaware corporation in defense of indemnification pursuant to Section 145 of the General Corporation Law of Delaware. The Delaware Court of Chancery rendered a favorable ruling by awarding plaintiffs 19.18% of their claimed amount.
Strategic Alternatives Committee of International Food Distribution Company
Advised special committee in connection with $440 million strategic acquisition and related $90 million capital raise of preferred units.
Special Committee of Publicly Traded Consumer Products Company
Advised special committee in connection with strategic alternatives, including potential going-private transaction and issuance of special dividend.
Independent Counsel Advancement Advice
Advised fashion company as independent counsel regarding advancement obligations under 8 Del. C. § 145