Recent results we have achieved for our clients
- We represented InvestBio Ventures—The Vaccine Company, L.P. in raising and investing over $20 million in a Series C preferred stock of a biotechnology company then in late stage clinical trials for a commercially viable vaccine to fight various forms of leukemia.
- We recently structured and prepared the offering documents for a private investment fund that will leverage the art-world contacts of its founding principals to make strategic investments in the works of emerging and established artists. This is one of the first examples of the use of a hedge fund/private equity model in the context of investment in collectibles and many novel issues were addressed in the process.
- We represented IPG-Global Properties, LLC in raising and investing equity capital for the development of a luxury Buenos Aires boutique hotel in the fashionable Recoleta district and a wine country retreat and resort community featuring a producing vineyard, tennis and golf facilities, polo, and a subdivision for 200 lots.
- We represented The Art of Shaving, LLC in its landmark joint venture with industry giant Gillette to manufacture and market a co-branded line of razors incorporating Gillette's Fusion technology and The Art of Shaving's premium luxury design features. The Licensing Agreement encompassed all facets of this emerging relationship and protections for the contributions made by each party.
- Overton v. Todman, 478 F.3d. 479 (U.S. Court of Appeals for the 2nd Circuit 2007)—In this landmark legal decision, we successfully appealed the dismissal of a federal securities claim brought on behalf of a client who had made a substantial investment in a New York Stock Exchange (NYSE) brokerage firm only to see it get closed down due to insufficient capital just a few months later. In reinstating the case, the Court of Appeals ruled that when auditors know that a client's audited financial statements are materially false and are being used to solicit investors, they have a duty to disclose the fact that the statements may no longer be relied upon.
- We are frequently retained to represent securities industry clients charged by the SEC and NASD with violating securities laws and rules and regulations. In one recent case, the NASD withdrew, after four years of litigation, serious allegations that our client had defrauded investors out of millions of dollars as part of a broad settlement. We have successfully represented numerous clients in SEC and NASD investigations or proceedings that have resulted in no action being taken by the regulators or which resulted in favorable settlements.
- We have successfully obtained monetary arbitration awards on behalf of overseas investors who asserted claims against major U.S. brokerage firms.
- After one of our clients filed a claim under its directors' and officers' liability policy with a major international insurance company, the insurer accepted the claim but only in part. We then researched an arcane area of law, and after concluding that we had grounds to commence a declaratory action against the insurance company in order to obtain a substantially broader recovery under the policy, the insurer accepted our argument and agreed to greatly expand the scope of coverage under the policy without our client having to incur the significant costs of litigation. We pride ourselves on our ability to go one step further, to seek better solutions for our clients than even they would be willing to accept, and then to obtain such results in a cost-efficient way.
- We recently assisted a client in negotiating a combined $15 million mezzanine debt and preferred stock investment by a venture capital firm. The transaction documents incorporated fully negotiated terms, representations, warranties, indemnities, and ancillary rights. Management was extremely pleased that its ability to control strategic decisions and day-to-day management had not been compromised.
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Get the best of both worlds: small firm personal attention that gets big firm results. For a free initial consultation, call Hutner Klarish LLP at 212-981-9121 or contact us online.