Brown Rudnick LLP > Hartford, United States > Firm Profile

Brown Rudnick LLP
185 ASYLUM STREET
HARTFORD, CT 06103
United States

Dispute resolution > M&A litigation: plaintiff Tier 3

Brown Rudnick LLP has two partners based in Hartford who handle M&A and private equity litigation, both on the defense side and for plaintiffs. Though small, the practice punches above its weight and frequently has a key role in high-stakes litigation in Delaware and in state and federal courts across the US. Mark Baldwin and Dylan Kletter are the lead partners. Kletter is currently representing Prospect Medical in a disputes concerning the $180m acquisition of a non-profit hospital network in Connecticut. Baldwin is acting for British Motor Works, LLC, a large Jaguar dealer in Connecticut, and One Commerce Drive, LLC in a superfund dispute with the Town of Fairfield. They predominantly handle major post-closing M&A disputes, including matters concerning earnouts, working capital and purchase price adjustments, fraud, and breaches of representations, warranties and covenants.

Practice head(s):

Mark Baldwin; Dylan Kletter

Key clients

Prospect Medical Holdings, Inc.

SPay, Inc, d/b/a/ Stack Sports

British Motor Works, LLC

Bobcat North America, LLC

Lupin Pharmaceuticals, Inc.

Scrum Inc.

Prometheus Group Enterprises, LLC

AMBA Investment Holdings, Inc.

Telestream, LLC

Work highlights

  • Represented Lupin Pharmaceuticals in a post-closing fraud dispute concerning its $880m acquisition of Gavis Pharmaceuticals  in the Southern District of New York.
  • Representing Prospect Medical Group Holdings in a post-closing dispute concerning the treatment of over eight-figures worth of assets arising out of its $180macquisition of a non-profit hospital, which has included the intervention of the Office of the Attorney General for the State of Connecticut.
  • Representing Prometheus Group in a post-closing dispute concerning up to $25m in earnout payments arising out of its acquisition of Utopia Global, which has involved both the Delaware Court of Chancery and arbitration proceedings.

Finance > Restructuring (including bankruptcy): corporate Tier 3

The practice at Brown Rudnick LLP is known for its niche expertise in mass-tort bankruptcy cases. The firm has been particularly active in complex victim restitution proceedings, with focus also given to bankruptcy-related litigation, including negotiated settlement framework with Purdue and the Sackler family. The practice is led by a number of experienced practitioners, namely, Robert Stark, David Molton, William Baldiga, Sunni Beville and Jeffrey Jonas, who divide their time between New York and Boston. Further note is given to associates Gerard Cicero and Boston-based Tristan Axelrod alongside Boston’s Shari Dwoskin for their work advising clients such as LTL Management LLC, Boy Scouts of America and Chesapeake Energy Corporation. Edward Weisfelner retired from the firm.

Practice head(s):

Robert Stark; David Molton; William Baldiga; Sunni Beville; Jeffrey Jonas

Other key lawyers:

Andrew Carty; Tristan Axelrod; Shari Dwoskin; Eric Goodman

Testimonials

‘Robert Stark; he is ALWAYS my first call when I am working on a restructuring situation.’

‘In every single case they were extremely knowledgeable, responsive and always had the appropriate local partner when needed.’

‘Incredibly commercial and innovative. Legally and strategically astute. Great team-players. The team at BR are the best I have ever used. Definitely my go-to US legal advisers nowadays.’

‘David Molton stands out. A brilliant legal brain and fabulous strategist.’

‘It is a superb team with exceptional strength in cross-border contentious bankruptcy matters, able to provide excellent strategic advice. The team exudes a determination to succeed for the client.’

‘The Brown Rudnick lawyers work harder to produce exceptional results for their clients than any firm I know.’

‘All the restructuring professionals I have worked with for many years are exceptional. Of particular note are Bill Baldiga, Jeff Jonas, Bob Stark, Steven Pohl, Steven Levine and Shari Dwoskin. All very focused, efficient, innovative and hard working.’

‘This is a very deep and talented group, lead by amazingly skilled lawyers with excellent judgment and capabilities. Definitely the team you want when you are facing a rough situation.’

Key clients

Chesapeake Energy Corporation: Official Committee of Unsecured Creditors

Washington Prime Group, Inc.: Official Committee of Equity Security Holders

Alpha LATAM: Ad Hoc Committee of Unsecured Noteholders

Ceruzzi Properties: Ad Hoc Committee of Creditors

Briggs & Stratton: Official Committee of Unsecured Creditors

Cred Inc.: Examiner

Rockdale Marcellus: RBL Lenders

Basic Energy Services: Official Committee of Unsecured Creditors

Pier 1 Imports: Term Loan Lenders

Libbey Glass: Official Committee of Unsecured Creditors

Ravn Air Group: Official Committee of Unsecured Creditors

Intelsat: Ad Hoc Bondholders Committee

Sable Permian Resources: Equity Sponsor

LTL Management LLC (Johnson & Johnson): Official Committee of Talc Claimants

Boy Scouts of America: Coalition of Abused Scouts for Justice

PG&E Corporation: Fire Victim Trust

Mallinckrodt Pharmaceuticals: Plaintiffs’ Executive Committee

Purdue Pharma: Plaintiffs’ Executive Committee

Takata Corporation: Special Master and Trustee of Restitution Funds

Imerys Talc America: Ad Hoc Committee of Tort Claimants

Insys Therapeutics: Plaintiffs’ Executive Committee

Financial Oversight and Management Board for Puerto Rico

Catalyst Capital Group

Dean & Deluca

Matthew Pascucci, Trustee for the Hooper Holmes Liquidating Trust

Liquidating Trustee of the F2 Liquidation Trust

Liquidating Trustee of the FAH Liquidating Trust (f/k/a Fisker Automotive)

JCPenny: Ad Hoc Committee of Second Lien Noteholders

Jagged Peak and Trade Global: Official Committee of Unsecured Creditors

Work highlights

  • Represented The Official Committee of Unsecured Creditors in the chapter 11 case of Chesapeake Energy Corporation.
  • Represented the Coalition of Abused Scouts for Justice in the chapter 11 of The Boy Scouts of America.
  • Represented the e Plaintiffs’ Executive Committee in the chapter 11 case of Purdue Pharmaceuticals.

Dispute resolution > M&A litigation: defense Tier 4

Brown Rudnick LLP in Hartford is involved in high-profile, high-stakes commercial litigation disputes involving M&A, particularly those involving private equity houses. The two-partner practice handles both plaintiff and defense work and, in 2021, it litigated claims with a cumulative value of more than $500m. The firm frequently represents private equity firms, as well as large corporations, among them Lupin Pharmaceuticals. Dylan Kletter, who recently acted for Lupin in a post-closing fraud dispute concerning its $880m acquisition of Gavis Pharmaceuticals, and Mark Baldwin  are the lead partners. Baldwin, who practices primarily in the areas of complex commercial, corporate, and environmental litigation, has extensive experience in bench and jury trials.

Practice head(s):

Mark Baldwin; Dylan Kletter

Key clients

Prospect Medical Holdings, Inc.

SPay, Inc, d/b/a/ Stack Sports

British Motor Works, LLC

Bobcat North America, LLC

Lupin Pharmaceuticals, Inc.

Scrum Inc.

Prometheus Group Enterprises, LLC

AMBA Investment Holdings, Inc.

Telestream, LLC

Work highlights

  • Represented Lupin Pharmaceuticals in a post-closing fraud dispute concerning its USD 880m acquisition of Gavis Pharmaceuticals  in the Southern District of New York.
  • Representing Prospect Medical Group Holdings in a post-closing dispute concerning the treatment of over eight-figures worth of assets arising out of its USD 180m acquisition of a non-profit hospital, which has included the intervention of the Office of the Attorney General for the State of Connecticut.
  • Representing Prometheus Group in a post-closing dispute concerning up to USD 25m in earnout payments arising out of its acquisition of Utopia Global, which has involved both the Delaware Court of Chancery and arbitration proceedings.

Intellectual property > Trade secrets (litigation and non-contentious matters) Tier 4

Routinely engaged by corporate clients in software, manufacturing, and financial services, Brown Rudnick LLP’s IP litigation-focused practice is well-versed in the full range of court proceedings and pre-litigation strategy. Newly appointed chair Ian DiBernardo – a March 2021 arrival from Stroock & Stroock & Lavan LLP – also serves as head of the firm’s domestic tech practice, while Jason Sobel’s recent engagements include high-value trade secret cases and licensing disputes in the utilities and professional services sectors. Counsel Kenneth Stein is also recommended. All named lawyers are based in New York unless noted otherwise.

Practice head(s):

Ian DiBernardo

Other key lawyers:

Key clients

UKG, Inc. (f/k/a Ultimate Software Group, Inc.)

Volant Trading

Richards Manufacturing

Neo Philanthropy

En Pointe Technologies Sales, LLC

Work highlights

  • Represented Ultimate Software Group in an ongoing trade secret and corporate raiding litigation brought by the largest company in the defendant’s industry as part of a massive litigation campaign initiated by ADP.
  • Represented Ultimate Software Group in a trade secret litigation and software license audit dispute against MasterTax. MasterTax is owned by ADP, LLC, the largest provider of human resources management software and services.
  • Representing Volant Trading in defending claims in Federal Court of trade secret misappropriation in connection with the hiring of software and systems engineers. The case settled favorably, with no liability.

Real estate Tier 5

Brown Rudnick LLP‘s team of ‘very strong business partners’ is a good choice for portfolio transactions, development of large-scale projects, distressed assets, retail and complex mixed-used projects. Boston based practice head Thomas Phillips ‘is an outstanding transactional attorney with tremendous business sense’. The Boston office also benefits from Kevin Joyce 's expertise in financing, zoning, permitting and development projects. Thomas Regan in Hartford acts for developers, institutions, and not-for-profits in the development and financing of commercial real estate projects, energy and telecoms facilities.  

Practice head(s):

Thomas Phillips

Other key lawyers:

Kevin Joyce; Thomas Regan

Testimonials

‘Very strong business partners. Understand that they are supporting a business transaction as well as providing outstanding technical legal support.’

‘Thomas Phillips is an outstanding transactional attorney with tremendous business sense. Very responsive. His reputation within the broader legal and business community is very strong and you will get nods of appreciation from counsel for other parties when they learn Tom is supporting your deal.’

‘We use Brown Rudnick for retail leasing work, including new leases, disputes and lease amendments. They are very smart, thorough and pragmatic. They embrace our goals on Diversity, Equity and Inclusion. They are true experts in retail leasing and that is what drew us to them in the first place. We have found them excellent at many other real estate topics as well.’

‘Tom Phillips – He is very smart, very thorough and works very hard to meet our business objectives – in terms of result and of timing. He knows the market so well, that works to our advantage over and over.’

Key clients

AT&T

Clay Ventures, LLC

GCP Applied Technologies Inc.

L3 Harris Technologies

McGovern Automotive Group

Plymouth Industrial REIT

Primark

Puma North America, Inc.

Saracen Properties

St. John Knits

Staples

Ulta Beauty

Wagamama

Westbrook Partners

Westport Capital Partners / Condyne Capital Partners

iStar Financial / Safehold Inc.

DivcoWest

Black Creek Capital

UrbanMeritage

BAU Advisors

Generator Freehand Hotels, a subsidiary of Queensgate Investment

Work highlights

  • Representing Irish retailer Primark in its growth and expansion in the U.S.
  • Represented Westbrook Partners in a complicated bifurcation and purchase of a 263,000 sq. ft. food manufacturing and abutting office condominium facility in Chelsea, MA from Signature Breads.
  • Represented a subsidiary of Queensgate, a private equity real estate fund manager, on refinancing of $54m debt of the US Assets of Generator Group, a hostels platform that owns, operates, and develops accommodation across Europe and North America.

Tax > US taxes: non-contentious Tier 7

Brown Rudnick LLP is well regarded for its record in corporate restructurings, debt workouts, and bankruptcy reorganizations, working on behalf of ad hoc committees on high-profile Chapter 11 cases. Team head Nicole Bouchard maintains a diverse practice, most recently working with blue-chip retailers, SPACs unsecured creditors on the full gamut of tax matters. Vincent Guglielmotti variously advises REITs, REMICs and corporations on acquisitions and bankruptcies, while the ‘exceptionally smartBarbara Kelly focuses on income tax concerns for large business organizations. Barbara Klepper joined the practice from McAfee & Taft in October 2021. All named lawyers are based in New York.

Practice head(s):

Nicole Bouchard

Other key lawyers:

Vincent Guglielmotti; Barbara Kelly; Barbara Klepper

Testimonials

‘Strong team, filled with experienced practitioners who give thoughtful counsel. Exceptionally responsive with quick turnarounds.’

‘Barbara Kelly is exceptionally smart. She asks great questions that quickly allow her to get to the heart of issues and delivers both practical and thoughtful counsel.’

Key clients

Governmental Plaintiffs Ad Hoc Committee in the Chapter 11 case of Mallinckrodt Pharmaceuticals

Ad Hoc Committee of Consenting Governmental & Other Contingent Litigation Claimants in the Chapter 11 case of Purdue Pharmaceuticals

Justice John K. Trotter, in his capacity as Trustee of the PG&E Fire Victim Trust; and Cathy Yanni, in her capacity as Claims Administrator of the PG&E Fire Victim Trust in the Chapter 11 case of PG&E

Coalition of Abused Scouts for Justice in the Chapter 11 case of the Boy Scouts of America

The Official Committee of Unsecured Creditors in the Chapter 11 case of Ultra Petroleum Corp.

The Official Committee of Unsecured Creditors in the Chapter 11 case of Chesapeake Energy Corporation

Ad Hoc Group of Term Loan Lenders and the Term Loan Agent in the Chapter 11 case of Pier 1 Imports, Inc.

Envision Unsecured Noteholders in the Chapter 11 case of Intelsat

Dean & Deluca New York Inc.

The Official Committee of Unsecured Creditors in the Chapter 11 case of Libbey Glass, Inc.

The Official Committee of Unsecured Creditors in the Chapter 11 case of Briggs & Stratton

The Official Committee of Unsecured Creditors of Ravn Air Group, Inc.

SSCP Asset Management

NextPoint Acquisition Corp. (now NextPoint Financial, Inc.)

Official Committee of Equity Security Holders of Washington Prime Group

Ad Hoc Committee of Unsecured Noteholders in the Chapter 11 case of Alpha LATAM

Official Committee of Unsecured Creditors in the Chapter 11 case of Basic Energy Services

Work highlights

  • Representing the Ad Hoc Committee of Consenting Governmental & Other Contingent Litigation Claimants in the Chapter 11 case of Purdue Pharmaceuticals.
  • Represented the Official Committee of Unsecured Creditors as bankruptcy counsel in the Chapter 11 case of Ultra Petroleum.
  • Advised NextPoint Acquisition Corp., a special purpose acquisition company (SPAC), in its acquisition of Liberty Tax, a leading tax return preparation service provider, and LoanMe, an established consumer and small business lender ($643m total enterprise value), and in a related PIPE and debt financing arrangement.

At Brown Rudnick, we combine ingenuity with experience to achieve great outcomes for our clients. We deliver partner-driven service; we incentivize our lawyers to collaborate in the client’s best interest; and we put excellence before scale, focusing on practices such as life sciences, corporate restructuring, M&A, white collar defense, international disputes and intellectual property, where we are recognized leaders. Founded more than 70 years ago, Brown Rudnick has more than 250 lawyers and government relations professionals across the United States and Europe, with offices in key financial centers. Beyond the United States and Europe, we serve clients in the Middle East, North Africa, the Caribbean and Latin America.

Main areas of practice: With relentless focus on the clients’ objectives, Brown Rudnick provides business-focused solutions that address today’s ever-changing, ever-demanding competitive marketplace. Assembling cross-disciplinary teams to suit clients’ specific needs, Brown Rudnick focuses its attention on those practice areas and industries where the firm is, or can be, a recognized leader, including: antitrust; bankruptcy and corporate restructuring; complex litigation and arbitration; corporate, securities and M&A; distressed debt and claims trading; emerging companies; energy, utilities and environmental; executive compensation and ERISA; finance; funds; government contracts; government law and strategies; health care; intellectual property; intellectual property litigation; international dispute resolution; life sciences; real estate; tax; white collar defense and government investigations.

An important strategic focus includes representing hedge funds both domestically and internationally. Brown Rudnick serves fund clients in a wide spectrum of investment activities such as fund transactions, distressed debt and claims trading, portfolio company acquisitions and dispositions, and shareholder activism. When representing funds as bondholders in major domestic or international corporations, Brown Rudnick, unlike many of its competitors, has the ability to be directly adverse to leading commercial banks that may be at odds with bondholders in the capital structure. This has allowed the firm to occupy a key strategic position in the legal market: to act conflict-free against these major financial institutions in complex global litigation and other high-value matters. Brown Rudnick also differentiates itself through representation of private equity and venture funds and venture-backed companies across the US and throughout Europe. Fueled in part by the needs of clients in the technology and life sciences sectors, Brown Rudnick’s prowess in closing complex crossborder acquisitions and financings is notable for a firm of its size. Brown Rudnick drives life-cycle client relationships by providing all necessary strategic advice, from company organisation through
all stages of a client’s growth and financing to the client’s final sale or IPO and its ongoing needs as a public company. The firm’s active patent practice,
licensing and IP litigation team complement this slate of services, helping clients to protect, defend and leverage their key business assets.

Brown Rudnick’s litigation and arbitration team, with a robust US and international presence, provides a full range of litigation, arbitration and mediation services to clients around the world. The firm represents clients in a wide variety of commercial disputes, including financial, regulatory and
fraud investigations. Specific areas of focus include restructuring and insolvency, mass torts, real estate, telecommunications, government contracts, construction, intellectual property, international arbitration
and white collar defence and government investigations. The firm is regularly arrayed against many of the world’s most prominent financial institutions
and investment banks, in some of the most contentious engagements on behalf of bondholders, creditors, equity holders and other investors, foreign liquidators and tort claimants.

Number of Partners : 116
Number of Fee-Earners : 279
Other Staff : 204
CEO & Chairman : William R Baldiga
Managing Director, Dispute Resolution & Restructuring : Sunni P Beville
Managing Director, Corporate & Capital Markets : Vince J Gugielmotti
Administrative Partner : Andrew P Strehle
Chair of Strategic Growth : Jeffrey L Jonas
Chair of Global Integration & Cross-Selling : Samuel P Williams