Obtained a major victory for the firm’s client Southern Mills d/b/a TenCate Protective Fabrics in a complex arbitration proceeding involving a contract for the sale of flame-resistant (FR) fabric for the manufacture of FR battle dress uniforms for the U.S. Military. Southern Mills had contracted with an entity named Insight Holding Group (IHG) to promote the sale of Southern Mills’ FR fabric to the U.S. Military and had obligated itself to pay IHG almost $20 million on a going-forward basis in commissions for the sale of those FR fabrics. Southern Mills alleged, however, that it was misled into entering the contract by IHG’s CEO concerning the nature of his relationship with Southern Mills’ largest customer, and we sought to relieve Southern Mills of any future obligations under the contract. A panel of arbitrators agreed with Southern Mills and rejected IHG’s claim for over $17 million under the Southern Mills/IHG contract, based on the contractual doctrines of impossibility of performance and frustration of purpose. After the panel entered its award, IHG filed an independent action in the Eastern District of Virginia seeking to vacate the award. We were successful in persuading the Eastern District of Virginia to transfer the action to federal district court in Atlanta. The Atlanta federal court rejected IHG’s motion to re-transfer the action to the Eastern District of Virginia and proceeded to confirm the arbitration award, which was affirmed on appeal by the Eleventh Circuit.

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End user contract agreements for major software company
Represented major software company in drafting an End User License Agreement for licensed products and Terms of Service for hosted products. more
Executive benefits structure for a Fortune 500 fast food operator
Prepared provisions for qualified and non-qualified plans to implement a benefits structure for executives transferring between international and more
$30 million senior-secured revolving credit facility to a domestic and international manufacturer and distributor of cellular telephones
Represented a commercial finance company, as agent and lender, in connection with $30 million senior-secured revolving credit facility provided to a more
Employee classification audit for university
Audited a university’s classification of all of its employees, working closely with the client to develop a strategy for rolling out the results of more