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Obtained temporary restraining order against the Clark County School District due to an alleged Open Meeting Law Violation, halting its plan to remove over 170 people from their Dean of Students positions. The restraining order combined with public pressure caused the District to abandon its plan of removing all of the Deans.
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Provided advice and counsel to an international company regarding employee requests for reasonable accommodation under the Americans with Disabilities Act.
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Counsel to Canyon Bakehouse in its $205M sale to Flower Foods, one of the largest producers of packaged bakery foods in the country. We advised on the mergers and acquisitions, employee benefits and executive compensation, labor law, intellectual property and real estate aspects of the transaction. The firm’s role in the deal highlights our multidisciplinary expertise and our footprint in the natural foods industry.
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Successfully defeated numerous claims of discrimination, retaliation, and other torts through a four-day jury trial in federal court. Former Director of Human Resources for a professional services agency alleged claims of discrimination and retaliation and Title VII and the Equal Pay Act. Jury returned a verdict finding no discrimination or retaliation, and only awarded a token amount of damages in connection with a limited subset of the plaintiff’s defamation claims.
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Represented Mai Mechanical, Corp. in connection with employment matters involved in the sale of all its shares of capital stock to J.R. Hobbs Co-Atlanta LLC, a portfolio company of Gladstone Investment Corporation.
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Counsel to Bow River Capital Partners as employment counsel in its acquisition of and acquisition financing for Control Technology & Solutions L.L.C., a leading energy retrofit company based in St. Louis, Missouri.
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Counsel to VetScience LLC and its Fruitables brand of natural dog treats and food supplements in its sale to Manna Pro Products, LLC .
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Represented Subsea Global Solutions, a portfolio company of Lariat Partners, in connection with employment issues implicated in its sale to GenNx360 Capital Partners. Subsea Global Solutions is a leader in underwater ship maintenance, repair and marine construction.
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Represented Subsea Global Solutions, a portfolio company of Lariat Partners, in connection with employment issues implicated in its sale to GenNx360 Capital Partners. Subsea Global Solutions is a leader in underwater ship maintenance, repair and marine construction.
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Served as employment counsel for Midstate Energy, L.L.C., a portfolio company of Bow River Capital Partners, in its acquisition of and acquisition financing for Urban Energy Solutions, LLC, an independent provider of comprehensive development, design and engineering services relating to energy efficiency solutions.
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Served as employment counsel for Midstate Energy, L.L.C., a portfolio company of Bow River Capital Partners, in its acquisition of and acquisition financing for Urban Energy Solutions, LLC, an independent provider of comprehensive development, design and engineering services relating to energy efficiency solutions.
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Represented NexusTek Holdings, LLC in connection with employment issues involved in the sale of its LLC interests to ABRY Partners.
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Coordinated internal California based privileged investigation of tech-company in connection with alleged officer misconduct.
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Drafted separation agreement and revised healthcare clinic policies for a Los Angeles based healthcare clinic where employees move between offices throughout the day and week.
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Drafted separation agreement and revised healthcare clinic policies for a Los Angeles based healthcare clinic where employees move between offices throughout the day and week.
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Serve as chief employment counsel for California based company with employee related issues from around the country, including but not limited to guidance on terminations, privacy actions, misconduct investigations, and policy development.
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Represented the stockholders of Sweet Earth Inc., a California-based manufacturer of plant-based protein food products, in connection with employment-related due diligence and negotiation and preparation of various employment-related agreements and employment aspects of transaction documents in connection with the sale of all of the issued and outstanding equity interests and owned real property to Nestlé USA, Inc.
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Counsel to Clarion Capital Partners, LLC in connection with employment and labor matters in its acquisition of and acquisition financing for AML RightSource, LLC, a Gabriel Partners company.
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Defended California company in multiple lawsuits related to alleged officer sexual harassment and retaliation claims.
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Represented Global Employment Solutions, a portfolio company of TZP Group and leading provider of professional staffing services, with respect to employment issues in its acquisition of the Halo Group, an IT staffing company.
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Represented EMS USA, Inc., a portfolio company of Victory Park Capital and provider of pipeline integrity, maintenance and repair services, with respect to employment matters in the sale of its Integrity Maintenance platform to First Reserve Advisor.
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Represented healthcare clinic in pre-litigation wage and hour dispute related to alleged unpaid overtime, meal breaks and rest breaks.
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Represented hospitality company in defense of California based class action wage and hour case related to alleged failure to properly provide meal breaks and rest breaks.
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Represented healthcare clinic in pre-litigation wage and hour dispute related to alleged unpaid overtime, meal breaks and rest breaks.
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Successfully obtained a $19.5 million interest arbitration ruling for the Clark County Association of School Administrators and Professional-Technical Employees (CCASA) against the Clark County School District, the fifth largest school district in the nation. After an arbitration hearing, the arbitrator determined that the District had the ability to pay CCASA’s offer and the administrators were historically and comparatively underpaid while work requirements were increasing.
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Pursued former employee who embezzled money from corporation and obtained a significant judgment.
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Represented nutritional supplement company in employment lawsuit involving former high-level executive.
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Represented nutritional supplement company in employment lawsuit involving former high-level executive.
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Represented Bow River Capital Partners with respect to employment issues arising in connection with its acquisition of and acquisition financing for Midstate Energy, L.L.C. Midstate Energy is an independent provider of comprehensive development, design and engineering services relating to infrastructure upgrades and energy efficient, asset sustainability solutions.
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Represented Bow River Capital Partners with respect to employment issues arising in connection with its acquisition of and acquisition financing for Midstate Energy, L.L.C. Midstate Energy is an independent provider of comprehensive development, design and engineering services relating to infrastructure upgrades and energy efficient, asset sustainability solutions.
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Successfully resolved dispute between publically traded company and former employee involving trade secrets and other contractual disputes.
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Successfully resolved dispute between publically traded company and former employee involving trade secrets and other contractual disputes.
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Represented Pico Digital, Inc. in its sale to ATX Networks, a portfolio company of H.I.G. Capital, LLC, with respect to employment issues, including contract negotiation.
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Represented Clarion Capital Partners, LLC in its acquisition of and acquisition financing for Madison Logic, Inc. from an employment standpoint, including conducting due diligence on employment issues and preparing employment agreements.
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Represented Clarion Capital Partners, LLC in its acquisition of and acquisition financing for Madison Logic, Inc. from an employment standpoint, including conducting due diligence on employment issues and preparing employment agreements.
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Defended satellite imagery public company in million dollar breach of contract dispute with former consultant. Resolved on highly favorable terms to client.
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Counsel to Gaiam in the $145.7M sale of its branded fitness equipment and apparel business to Sequential Brands and Fit for Life.
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Counsel to music management company against former employee who took the company’s intellectual property and relationships.
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Counsel to Gilbert Hospital, a general acute-care hospital based in Gilbert, Arizona in its merger with Florence Hospital at Anthem pursuant to a confirmed Chapter 11 plan of reorganization. We advised on all aspects of a sophisticated merger transaction, including transition of the two hospitals under joint ownership and operation, coordinating employment and equity compensation documents for employees, and identifying and resolving health care regulatory aspects of the foregoing.
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Representing publically traded company in employment dispute with former executive.
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Counsel to MGM in the sale of Circus Circus Reno’s assets and MGM’s 50% equity interest in Silver Legacy Resort Casino Reno, as well as the sales of the Gold Strike Hotel & Casino and the Railroad Pass Hotel & Casino.
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Counsel to Encore Consumer Capital in its acquisition of Full Sail Brewing Company, a craft brewery located in Oregon.
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Represented employer and employee in harassment and restraining order bench trial.
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Successfully navigated employer through a decertification campaign by workers who ultimately voted to de-certify the union, ending with no charges filed against employer.
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Successfully negotiated the shutdown of a longstanding unionized business then arbitrated a reduction of just over 50% to the union pension plan’s multi-million dollar assessment of withdrawal liability.
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Successfully developed and implemented strategies for C-level executive separations, including oversight of related investigations, then negotiated and litigated to favorable results issues related to the separation, including severance, equity-related transactions and other complex terms.
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Successfully negotiated multiple collective bargaining agreements for national employers, with unions including Service Employees International Union, Teamster, Carpenter and Laborer locals.
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Successfully represented mutual fund against all claims brought by former senior sales executive in FINRA arbitration; following hearing obtained decision for client on all claims.
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Primary outside intellectual property counsel for restaurant and world famous chef regarding intellectual property and employment issues. Recently litigated potential TTAB opposition for one of the registered marks.
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Counsel to KSL Capital Partners with respect to employment and related issues in the sale of five iconic resort properties to TRT Holdings, owner of Omni Hotels & Resorts, in a series of five related transactions. Transferred properties include Barton Creek Resort & Spa in Austin, Texas; La Costa Resort & Spa in Carlsbad, California; Rancho Las Palmas Resort & Spa in Rancho Mirage, California; Grove Park Inn in Asheville, North Carolina; and The Homestead Resort in Hot Springs, Virginia. Brownstein acted as lead counsel on the transaction, facilitating the buyer's due diligence review of the properties and resorts, the negotiation of five separate purchase agreements, the transition of employees, and completion of all closing conditions.
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Counsel to Alliant Energy Services, LLC in its disposition of 100% of the stock of its subsidiary, RMT, Inc. to Infrastructure Energy Services, LLC (IEA).
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Represented client in connection with class action employment claims brought before the OFCCP and the EEOC and in federal district court and obtained dismissal of these claims in all venues.
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Represented client company and employees in connection with trade secret and unfair competition claims. Successfully compelled arbitration of virtually all claims and obtained stay of entire action. Forced arbitration in more favorable jurisdiction for our clients. Secured settlement with no monetary payout by our clients and favorable covenants in favor of our clients.
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Successfully represented international software company in enforcing its proprietary information agreement, including non-competes, both through formal court order and informal negotiations.
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Successfully represented employers in EEOC, CCRD or other agency investigations and, if necessary, in litigation, including trying to a favorable decision a multi-week multi-plaintiff multi-million dollar case alleging discrimination and retaliation.
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Counsel to Graham Packaging Company, L.P. in a $568 million strategic acquisition of another manufacturer and supplier. In the transaction, Graham Packaging Company acquired all of the limited partnership units of the target company from the company's limited partners and all of the stock of each of the company's three corporate general partners from their stockholders. A manufacturer and supplier of technology-based, customized blow molded plastic containers for the branded food and beverage, household, personal care/specialty and automotive lubricants product categories, Graham Packaging Company is a portfolio company of Blackstone Capital Group.
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Serves as employment counsel for various national companies in industries ranging from health care, energy and engineering/construction to manufacturing, retail and telecommunications. Brownstein provides both pro-active counsel and litigation services for these companies.
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Defended a financial services company and its employee in a case brought by a competitor alleging the company and the employee stole trade secrets when the employee left employment with the competitor
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Successfully defended claims for hostile work environment, discrimination, retaliation and state law claims brought against EchoStar Communications Corporation, a publicly-traded company in Colorado. The plaintiff, a former employee, alleged that the highest level executives engaged in unlawful behavior and engaged multiple plaintiffs' firms. After a two week trial, the jury returned a complete defense verdict.
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Following a three week jury trial, Brownstein attorneys successfully obtained a complete defense verdict on behalf of Colorado College, one of Colorado's preeminent private colleges, and five individual defendants. The case involved issues of academic freedom related to the termination of a tenured professor.
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Represented a large utility provider in a case involving multi-plaintiff discrimination claims. Brownstein obtained judgment in favor of the client as a matter of law. The Tenth Circuit, on appeal of the District Court's ruling, issued a published opinion regarding the lawfulness of our client's actions and hiring processes in particular.
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Represented Critical Homecare Solutions, Inc. in its $8.1 million acquisition involving 100 percent of the capital stock of Infusion Solutions, Inc.. The acquisition was funded by a draw on Critical Homecare Solutions' revolving credit facility with Jefferies Finance, LLC.
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Created all employment policies for New York headquartered, but national footprint company.