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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 Featured
Regulatory and compliance matters for Waffle House
Assisted Waffle House with ongoing federal and state regulatory and compliance matters. more
Acquisition counsel for Carolina Turkeys
The firm served as acquisition counsel to Carolina Turkeys, now Butterball LLC, in its acquisition of the Butterball brand and business, creating the  more
Breach of contract and breach of fiduciary duty for a large financial institution
The firm represented a large financial institution in defense of breach of contract and breach of fiduciary duty claims brought by another major bank  more
Negotiated rights of way and siding agreements for one of the nation’s premier transportation companies
Negotiated rights of way and siding agreements for one of the nation’s premier transportation companies and others in connection with construction of  more
Cross border commercial and M&A transactions for Neusoft Corporation
Represented Neusoft Corporation, a Chinese public company and the largest IT outsourcing service provider and software developer in China, as global more Case Study
Strategic alliance negotiations between Internet hosting company and a leading telecommunications company
Represented Internet hosting company in negotiation of strategic alliance with a leading telecommunications company. more
Global patent and trademark strategy for Porex Corporation
Advises Porex Corporation in developing and coordinating global patent strategy, preparing and prosecuting patent applications in the areas of more
Rail agreement between two public transportation systems
Representing a regional public transportation authority in what will be a rail agreement between two public transportation systems. more
Domestic and international franchise counseling for Nexcen Brands Inc.
Developed new forms of Franchise Disclosure Documents and franchise agreements to be used in various Nexcen Brands Inc. franchise systems, including more
Employee benefits advice for one of the nation's largest providers of telephone and broadband services
Advised one of the nation's largest providers of telephone and broadband services with respect to compensation and employee benefit plan issues in a more
In re Friedman’s, Inc.
Representation of Friedman's Inc. and Crescent Jewelers Inc., a leading U.S. operator of jewelry stores, as lead debtors' counsel in more
Governance litigation for a health care services company
Represented a health care services company in wide-ranging disputes and litigation with a minority member who asserted a variety of breach of more
Trademark infringement case for health care related company
Represented a health care related company in litigation with a former marketing and sales consultant, who was also a minority shareholder. The more
Chapter 11 cases representing examiner for a subprime mortgage lender
Represented William F. Perkins, the examiner appointed in the Chapter 11 cases of HomeGold Financial Inc., HomeGold Inc. and Carolina Investors Inc.,  more
Sales agreement disputes for metal processing company in various matters
Negotiated favorable settlements for Fortune 500 metal processing company in numerous sales agreement disputes in Texas courts and more
Formation and implementation of franchise program for multiple clients
Represents multiple clients with the formation and implementation of their franchise programs, including franchise registration issues, disclosure more
Counsel for pharmaceutical manufacturer in international arbitration involving contract dispute
Currently represents cutting-edge pharmaceutical researcher, developer, and manufacturer in the global pharmaceutical industry in an international more
McGee v. Ross Stores Inc.
Represented defendant in class action lawsuit involving the Fair and Accurate Credit Transaction Act. more
Multi-million dollar contract dispute for paper mill owner
Prevailed for plaintiff in multi-million dollar contract dispute, obtaining full recovery of disputed amount, interest, and attorneys’ fees, and more
Corporate counsel for a professional association
Regularly represents one of the largest U.S. professional associations on a wide range of corporate governance, commercial contract and transactional  more
Advising Manufacturer of Renewable Energy Battery Storage Systems
Advising developer of Renewable Energy Battery Storage Systems in negotiation of energy storage agreements in connection with the California energy more
Advising Manufacturer of Renewable Power System
Negotiate licensing agreements and technology agreements for manufacturer of battery storage systems. more
Power and Renewable Energy Certificate Purchase Agreements
Have negotiated dozens of PPA and REC agreements on behalf of renewable energy project developers for projects totaling more than 300 MW of capacity. more
Franchise agreement negotiations for music franchisor
Managed a successful negotiation for a background music franchisor with its franchisee association for the system-wide renewal of a significantly more
Franchise counseling for Primrose Schools
Counseling Primrose Schools Franchising Company on federal and state franchise regulatory and compliance matters, including drafting Franchise more
Putative nationwide class action for national telecommunications company
Represented a national telecommunications company in a putative nationwide class action alleging improper "cramming" of services. Class certification  more
NASCAR sponsorship negotiation for drug manufacturer *
Represented over the counter drug manufacturer in negotiation of NASCAR sponsorship agreement. more
Contract litigation for Taiwanese computer/NB manufacturer
Represented a Taiwanese computer/NB manufacturer in a contract related action before a U.S. District Court in California. more
Represented networking technology company in patent pool project
Represented networking technology company in patent pool project. more
Project Development and Finance
Assisted client with all aspects of developing and financing a 20MW solar facility in northeastern North Carolina, including joint venture agreement more
Digital Recognition Network, Inc. v. Accurate Adjustments, Inc., et. al
Asserted breach of contract and other claims on behalf of client in suit against four affiliates in federal court to protect client’s intellectual more
Formation and implementation of franchise program for O'Charley's
Represents O’Charley’s, Inc. in connection with the formation and implementation of its franchise program handling ongoing federal and state more
Format agreement for an online gaming company
Represented an online gaming company in connection with a format agreement for televised poker tournaments. more
Multiple services performed for global food and beverage company *
Represented a global food and beverage company in various matters, including among others, M&A, contractual matters, consumer product safety, more
Litigation services for a medical practice
Represented a medical professional and his practice in a wide range of issues including complex equitable distribution litigation, IRS audit more
License agreements for global technology company  *
Represent a global technology company in distributorship and license agreements in Costa Rica, the Dutch Antilles, Suriname and Costa Rica. Advise more
Commercial disputes litigation for health supplement manufacturer
Represented foreign health supplement marketer in numerous commercial disputes and cases following termination of long-term supply agreements after more
Corporate, commercial and business advice to Rainforest Productions, a motion pictures and feature films production company
Outside general counsel to Rainforest Productions and its affiliates engaged in the production and syndication of motion pictures and feature films. more
Franchise counseling services for a Georgia-based franchisor of real estate brokerage offices
Represented a Georgia-based franchisor of real estate brokerage offices in connection with the formation and implementation of their franchise more
Olin Corp. v. P.H. Glatfelter Co.
Briefed and argued on behalf of the defendant in Olin Corp. v. P.H. Glatfelter Co., 369 Fed. App’x 430 (4th Cir. 2010). The case involves an alleged more
Sale and lease back of biomass power plant
Represented an international investment bank on a sale and lease back transaction involving a biomass power plant in Sweden more
Defense of technology company related to software implementation dispute
Defended Verint Americas Inc. in the North Carolina Business Court against claims brought by the City of Charlotte for breach of contract, negligent more
Global License, Development and Commercialization agreement for Biotest AG
Assisted lead counsel in representing Biotest AG (Biotest), a German publicly traded biotechnology company, in signing a global License, more
Negotiated international apparel company's sponsorship agreement
Negotiated international apparel company’s exclusivity multimillion primary sponsorship of a major racing series event including resolution of more
Formation and implementation of franchise program for multiple clients
Represents multiple clients with the formation and implementation of their franchise program, including franchise registration and disclosure issues,  more
Thorn EMI North America Inc. v. Hyundai Electronics Industries Co. Ltd.
Represented Hyundai Electronics Industries, Co., Ltd., now known as SK hynix Inc., one of the world's largest semiconductor companies, in a patent

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Promotional contract negotiations for JA Apparel Corp.
Drafted the "Welcome Home Joe” licensing and promotional contract among our client JA Apparel Corp. and with Iraq and Afghanistan Veterans of America  more Case Study
Business litigation for financial advisor
Represented a registered financial adviser and its principals in a lawsuit filed in Georgia state court by a dissatisfied advisee who claimed that more
Global License, Development and Commercialization agreement for Biotest AG
Served as lead counsel in representing Biotest AG (Biotest), a German publicly traded biotechnology company, in signing a global License, Development  more Case Study
MB Technologies Inc. v. Oracle Corporation et al.
Represented Oracle Corporation (Oracle) against claims of copyright infringement of its technology to build user interfaces. The case involved more
Litigation for outdoor advertising company
The firm served as lead counsel on behalf of an outdoor advertising company in litigation brought by a shareholder who had sold his business to the more
Breach of contract and fiduciary duty claims against EZflow and Ring Corp.
Represented EZflow and Ring Corp. in defense of breach of contract and breach of fiduciary duty claims brought by one of two siblings from whom more
Whether the former parent of a sold subsidiary must assume the post-divestiture obligations of the subsidiary to pay a $5 million per claim self-insured retention after the subsidiary declared bankruptcy
We represent the former parent of a bankrupt, former subsidiary, in connection with disputes with the former subsidiary's general liability insurance  more
Negotiation of the sale of area representative rights for a fast casual restaurant chain
Advised a fast casual restaurant chain on the negotiation of the sale of area representative rights and drafted related license agreements. more
Printing and directory sales agreements for a business services company
Represented a business services company in printing and directory sales agreements. more
Negotiation master services agreement for leading tobacco company
Represented leading tobacco company in the negotiation and drafting of a master services agreement implementing a company-wide e-procurement and more
Co-generation agreement *
Negotiated steam purchase agreement between manufacturer and co-generation facility. more
Trade Secrets and Non-compete Cases
Serving as lead counsel for large public and private companies, the firm successfully enforced non-compete clauses and obtained court orders more
Intellectual property due diligence in multimillion dollar asset purchase for Dominion Enterprises
Provided due diligence on patents and related software systems and products for a multimillion dollar asset purchase by Dominion Enterprises, a more
Compliance work for international apparel brand owner *
Represented international apparel brand owner in charitable commercial co-venture, coordinating compliance with state law registration and filing more
General corporate counsel for Rubio's Restaurants Inc. *
Represent Rubio’s Restaurants, Inc., a public-reporting company that owns and operates over 150 fast-casual Mexican restaurants, in general corporate  more
Third-party technology agreements for U.S.-based financial entity *
Advised a U.S.-based financial entity on its third-party technology agreements. more
Ice Cream Distributors of Evansville v. Dreyer's Grand Ice Cream Inc., et al.
We represented Dreyer's Grand Ice Cream, Inc. in litigation filed by a former distributor of Dreyer's products alleging violations of the Sherman and  more
Patent license agreement for a United States university
Represent a university spin-off in patent license agreement with international oil company covering two countries and the North Sea. more
Litigation for Mack Trucks
Represented Mack Trucks in commercial, product liability, warranty and unfair trade practice litigation. more
Breach of contract litigation for a Taiwanese solar product manufacturer
Represented a Taiwanese solar product manufacturer in a breach of contract action before California state court. more
Advised a leading U.S. marketing company *
Advised a leading U.S. marketing company on its joint ventures, licensing agreements, and commercial marketing campaigns worldwide. more
Breach of contract and fraud case for a large telecommunication company
Serving as lead counsel for a large telecommunication company, the firm won a motion to dismiss claims alleging breach of rights of way agreement. more
Negotiation of on-air talent clothing outfitting for apparel designer *
Represented men's apparel designer in negotiation of Olympics on-air talent clothing outfitting agreement. more
Smith v. EyeWonder Inc.
Representing defendant in U.S. District Court for the Northern District of California with regard to a motion to stay pending arbitration in Georgia.  more
Share acquisition for major retail company
Represented a major company within the storage industry in connection with a share acquisition. more
Implementation of national gift card program for HBH Limited Partnership
Represented HBH Limited Partnership in the development and implementation of a national gift card program, including the negotiation of agreements more
Duval Wiedmann L.L.C. v. Inforocket.com Inc.
Briefed and argued on behalf of AT&T in Duval Wiedmann, L.L.C. v. Inforocket.com, Inc., 620 F.3d 496 (5th Cir. 2010). The case more
Breach of contract and fraud case for BellSouth Telecommunications Inc.
Serving as lead counsel for a large telecommunication company, the firm won a motion to dismiss breach of contract and fraud claims based primarily

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Contracts and commercial agreements for Butterball LLC
Representing in negotiation of various contracts and commercial agreements. more
Bidder for music company in bankruptcy 363 sale
Representation of a bidder for assets in a 363 asset sale in the bankruptcy case of a music company pending in the United more
Breach of contract and copyright infringement litigation for manufacturer of business intelligence software
Represent a manufacturer of business intelligence software, in breach of contract and copyright infringement litigation. The defendants are  more
Clinical services agreements for oncology-focused biotechnology company
Represent an oncology-focused biotechnology company in intercompany clinical services agreements (with its major shareholder), IP and contract more
Shareholders' agreement for California Industrial Fabrics
Advise California Industrial Fabrics, an S corporation, in establishment of its shareholders' agreement following the distribution of securities  more
Negotiation of the sale of master franchise rights for Oporto Franchising
Represented Oporto Franchising, one of the top 50 fastest growing Australian fast food franchises, in the negotiation and sale of master franchise more
License agreements for biomedical device company *
Represent a U.S. headquartered biomedical device company in international distribution and license agreements in the Middle East, Europe and Asia. more
Purchaser of Wonder Bread in 363 sale in Hostess bankruptcy case
Representation of Flowers Foods in acquiring Wonder Bread and other assets from Hostess Brands a 363 bankruptcy sale. Transaction valued in excess of  more
Represented a chemical company in a number of various contractual matters *
Represented subsidiary of Norwegian listed chemical company in a number of contractual matters. The contractual issues have covered sales and more
IT contract disputes for a regional telecommunications company *
Served as lead counsel for a regional telecommunications company resolving performance disputes involving IT contracts with multiple vendors. Settled  more
Litigation for a bond company
The firm served as co-counsel and represented a bond company in a lawsuit against the underwriter and an engineering firm involved in the financing more
Franchise regulatory and compliance advice for publicly-held specialty retailer
Assist a publicly-held specialty retailer of consumer electronics, computers, office furniture, household appliances and accessories with ongoing more
Blue Springs LLC v. Nestlé Waters North America
We defended Nestlé in a breach of contract action that Blue Springs, LLC (Blue Springs) filed in Florida state court on October 13, 2009. The lawsuit  more
Commercial contract negotiations and licensing issues
Represented a U.S. building products company in commercial contract negotiations and various licensing issues. more
General corporate counsel representation for a commercial cooking equipment company
Represented a company focused on commercial cooking equipment in a variety of legal areas including public offerings, employment contracts, more
Complex business litigation and arbitration for Nestlé Waters North America Inc.
Briefed and argued on Nestlé Waters in Nestlé Waters North America, Inc. v. Bollman, 505 F.3d 498 (6th Cir. 2007). The case involved the more
Corporate and securities matters for an Ohio-based financial institution
Represented an Ohio-based financial institution on a wide variety of corporate and securities matters, beginning with the company's 1992 IPO and more
Breach of contract litigation for Dash Crofts
Served as local counsel and lead trial counsel for Dash Crofts, of Seals & Crofts, a popular 1970s folk rock group, in a federal lawsuit raising more
Strategic disposition of yarn manufacturing facilities and negotiation of expanded yarn supply agreement by publicly held apparel manufacturer
Represented publicly held apparel manufacturer in its strategic supply chain management transactions, involving the disposition of certain yarn more
Premier Anesthesia v. Bethesda Memorial Hospital
Served as lead trial counsel in multimillion dollar healthcare dispute, involving breach of contract, fraud and tortuous interference. Case settled more
Contracts for commercial transactions for a medical syringe technology manufacturer
Served as general counsel and advised developer and manufacturer of medical syringe technology and related products. more

*Experience gained by attorney prior to joining Kilpatrick Townsend

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