Proskauer Recognized with "M&A Deal of the Year" Award
We were honored with "M&A Deal of the Year" (between $250 million and $1 billion) for our work representing Iochpe-Maxion on the $725 million acquisition of Hayes Lemmerz International, Inc., at The M&A Advisor's 4th Annual International M&A Awards.
Daniel Ganitsky, David Fenwick (M&A), Colin Kass (Litigation), Andrea Rattner (Tax), Andy Bettwy (Finance), Andrew Kleiman, John Ingrassia (M&A), Josh Miller (Tax) and Michael McCourt (Finance) represented Iochpe-Maxion in the acquisition, which has given Iochpe-Maxion a major presence in the U.S. market as well as in several European and Asian markets. The combined company is now the world's largest automotive wheels maker and has manufacturing locations in 13 countries and a presence in every major automotive market.
The M&A Advisor is a premier membership network of mergers and acquisitions, turnaround and finance professionals. Since 1998, it has put on conferences and events, awards, and other market events geared towards the mergers and acquisitions community.
Third Point Capital Partners with Deadline to Purchase Variety
We represented Third Point Capital, a New York-headquartered hedge fund in its provision of equity and debt financing for the purchase of Variety by Deadline Business Media.
Variety has been published for more than 100 years and reports on film, television, and other entertainment news. In addition to the weekly publication, Variety also operates a website with breaking news and organizes events that target every aspect of the entertainment industry.
The team included Michael Woronoff, Monica Shilling and Christopher Moore (PEMA) as well as Greg Ruback and Andrea Hwang (Finance). In addition, assistance was provided by Michael Fernhoff (Tax) and Sean McGrath (Employee Benefits).
Favorable Settlement for Amish In Religious Discrimination Case
We obtained a favorable settlement in a pro bono matter on behalf of members of the Swartzentruber Amish community in Morristown, New York, that will allow them to continue building their houses and classrooms in accordance with their religious beliefs.
The case, Yoder, et al. v. Town of Morristown, was filed in the U.S. District Court for the Northern District of New York to address religious discrimination by the Town of Morristown, based on the selective enforcement of a local ordinance which purported to implement the New York State building code. Pursuant to this local law, the Town of Morristown denied members of the Swartzentruber Amish community building permits and criminally prosecuted them for building their residences and classrooms in accordance with their religious teachings because their traditional methods were allegedly not in compliance with the local law. Prior to Morristown's adoption of this enforcement strategy, the Swartzentruber Amish had been living in and near Morristown, and building their homes in accordance with their religious traditions, for decades without interference from the local authorities. The criminal prosecutions threatened the ability of the Swartzentruber Amish to continue living in Morristown.
Under the Settlement Agreement, the Town of Morristown dismissed the criminal complaints and issued certificates of occupancy for previously built Swartzentruber Amish houses and classrooms. The Settlement Agreement also allows for the Swartzentruber Amish to use their traditional methods of building their homes and classrooms without fear of future prosecution.
Russell Hirschhorn (Employee Benefits) and Michael Mervis led a team that included Ben Rattner, David Munkittrick and Winston Martinez (Litigation), as well as Proskauer alumni Jason Gerstein, Dan Goldberger, Rachelle LaRoche, and Jessica Kastner. Our co-counsel in the matter was the Becket Fund for Religious Liberty, a public interest law firm.
Ares Management to Acquire Smart & Final Holdings for $975M
We served as counsel to funds managed by Ares Management LLC in their pending acquisition of Smart & Final Holdings Corp. for $975 million.
As part of a definitive agreement announced by the two companies, funds managed by Ares Management will acquire Smart & Final, which operates a network of nearly 250 non-membership warehouse locations that sell groceries, cleaning supplies and other household items. The stores also operate under the Smart & Final Extra! and Cash & Carry names and span the western United States and northwest Mexico.
Our team was led by Michael Woronoff, and included Daniel Ganitsky, Christopher Ahn, Nicole Ross, Jeffrey Kropp, Douglas Bouton and Aliza Cinamon (M&A), Michael Fernhoff and Anne Kim (Tax), Pippa Bond, Andrew Bettwy and Jill Rickard (Finance), Michael Weiss and Mira Serrill-Robins (Litigation), Amber Mullen and Sean McGrath (Executive Compensation and Employee Benefits), Brian Rauch (Labor & Employment), John Ingrassia (Antitrust), Melody Chen and Allen Loeb (Real Estate) and Derek Heuzey (Intellectual Property).
Significant Patent Win for American Honda
We recently scored a major win in a patent infringement case on behalf of American Honda.
Judge George Caram Steeh from the U.S. District Court for the Eastern District of Michigan ruled in favor of our client on nearly every issue in a claim construction hearing to address allegations by the National Institute for Strategic Technology Acquisition and Commercialization (NISTAC) that Honda violated NISTAC's patents relating to automobile piston technology. We argued the most significant of the terms not only for Honda but also on behalf of co-defendants Nissan, Subaru and Toyota. The result of the court's ruling so weakened NISTAC's case that it agreed not to purse the case further.
The team consisted of Steve Bauer, Kim Mottley and Patrick Niedermeier (Patent Law).
Our Commitment to Pro Bono
We are thrilled to share with you our Pro Bono Video which emphasizes our motto of "Doing Well, by Doing Good" and highlights our deeply-rooted commitment to the Pro Bono Initiative and provision of legal services to the disadvantaged and the poor. We are proud to recognize the phenomenal efforts and commitment of our colleagues who contribute their time and talents to organizations and individuals in need of legal assistance. We look forward to sharing more of these projects and experiences with you as the firm continues to serve the needs of our clients and our communities around the world.