We represent the former parent of a bankrupt, former subsidiary, in connection with disputes with the former subsidiary's general liability insurance carrier regarding whether or not our client must assume responsibility for paying the $5 million self-insured retention regarding civil liability claims against the former subsidiary that had been discharged by as a result the former subsidiary's Chapter XI bankruptcy. In accordance with a separate settlement between the carrier and the subsidiary, the carrier assumed the defense of the underlying claims, agreeing in effect with the claimants that the bankruptcy of the insured subsidiary had not discharged the carrier's obligation to pay insured claims, even though 100% of the first $5 million of very claim was self-insured by the bankrupt company. The carrier then took the position that our client, also a named insured under the policies insuring the former subsidiary, had agreed in a separate Payment Agreement effectively to guarantee the obligations of the subsidiary to pay the SIR. When our client refused to reimburse the costs incurred by the carrier in defending the pre-bankruptcy claims against the former subsidiary, the carrier drew down a letter of credit place by our client to obtain reimbursement of the carrier's costs and then successfully moved to compel arbitration of the Payment Agreement dispute. The arbitration is pending.

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Negotiation of long term ground lease for major hotel chain
Represented a hotel company in negotiation of long term ground lease for prototype mid-scale hotel, negotiation of development agreement, negotiation more
Indemnity and insurance claims for the costs of remediating environmental contamination
The firm served as lead counsel for Raytheon Engineers & Constructors, Inc. in litigation brought by the owner of an experimental solvent refined more
Smith & Nephew Inc. v. Synthes (U.S.A.)
Represented Smith & Nephew in a patent infringement suit against Synthes Corp. in the Western District of Tennessee. After a three-week bench more
Sale of interest in a joint venture
Represented Miller Industries, Inc. (NYSE: MLR) in its March 2014 sale of all of its interest in a manufacturing joint venture to its joint venture more