Technology

Won a dismissal of a charge filed at the NLRB by an employee of a telecommunications service provider who was terminated in a restructuring.

Represented Cork Industries, a national sustainable chemical manufacturer, in a 3-week jury trial involving the theft of corporate trade secrets and unlawful competition by the company’s former head of lab. The case required technical comparative analysis, expert testimony, the handling of multiple national clients, discovery from third parties, and highly technical motion practice. Won 5 out of 6 counts in the trial, along with permanent injunction against the defendant for working in certain industries and with certain clients.

Represented CoreMedica Laboratories, Inc. in its sale to a private equity fund for $10 million in cash and stock.

Represented Burmester & Vogel Ltd. (a company specializing in developing and licensing software for the maritime industry) in its corporate formation, fundraising, and build out of artificial intelligence platform for SaaS licensing to shipping companies and traders. Advised them in the sale of Series A Preferred Stock and acquisition of a German marine technology company.

Represented Easton Capital Partners, LP in the secondary sale of certain Series A Interests in the Fund.

Represented Shimojani, LLC in its offering and sale of Series A, B and C Units in the biotech company.

Represented Cognome, Inc. (an AI healthcare platform) in its formation and spin out from a major hospital system, including licensing of technology and preparation for preferred stock offering.

Represented Azimuth Quartzy Fund LLC in connection with the secondary sale of Series A Interests in the Fund.

Represented an emerging growth imaging company in the $1.3 MM offering of its Convertible Promissory Notes.

Represented CoreMedica Laboratories Inc. in connection with its $3 MM offering of Series A-1 Preferred Stocks.

Represented Scientific Intake Co. LLC in the offering of $8 MM of its Series C Preferred Units.

Represented investor in $3 million purchase of Convertible Notes and Warrants of Platform Imaging, Inc.

Represented CoreMedica Laboratories Inc., known for its innovation in micro and dried blood collection and analysis, with respect to the offering of its Convertible Promissory Notes.

Represented CoreMedica Laboratories Inc. in its acquisition of two Swiss biotech companies.

Trained managers and supervisors of a nation-wide communications company—that had entered into a “neutrality” agreement with two unions—on how to comply with that agreement and still effectively manage the business.

Represented an industry-leading California-based global technology company, achieving dismissal of various business tort allegations in New York state court. Skillfully prevented deposition of non-party witnesses and safeguarded sensitive information in separate actions across state and federal courts.

Actively representing an emerging fintech company in multiple legal matters, including a pending case in the New York Commercial Division. Served as lead trial counsel in high-profile litigation, achieving successful resolution. Experienced in handling employment discrimination lawsuits and providing ongoing advice on employment and business contract negotiations.

Conducted union-avoidance training periodically for managers and supervisors of a large, nation-wide communications company.

Represented a nation-wide communications company (with locations in all states and Puerto Rico) by coordinating and conducting labor negotiations, successfully obtaining consistent labor contracts that maintained maximum management rights and efficiencies. Over a 15-year period, the team oversaw the decertification of over 50 collective bargaining units.

Represented another large communications company (with locations in 40 states) against over 100 union organizing drives over a 10-year period. In the only 2 locations where the union was successful, both were decertified within 2 years.

Represented the UK-based acquirer of certain mobile communications applications design assets of a distressed seller operating both in Canada and the United States. Much of the transaction was focused on the successful transition of the technology team from the seller to the buyer, as well as the underlying intellectual property assets. We also formed a new U.S. subsidiary of the purchaser and advised regarding various employment and consulting agreements.

Represented an Israeli company that develops customer interaction management software in its acquisition by a U.S. public company. The target was owned by several venture capital funds, and the transaction did not return all of the invested capital. As a result, and in order to preserve the management team intact for the purchaser, we advised with respect to a recapitalization of the seven outstanding classes of equity securities that was effected simultaneously with the cash merger of the businesses. In the course of the engagement, we advised with respect to numerous issues of Delaware corporate law.

Represented the buyer in the acquisition of a business that manufactures and distributes laboratory test equipment used in genomic research. The business had been acquired some years before by a publicly traded entity. After full integration, the owner elected to sell the business. To complete the transaction, we advised on the unraveling of several arrangements between the target and its owner and other affiliated businesses. We also advised with respect to an asset-based financing several months after the acquisition had been completed and, thereafter, on its refinancing as well.

Represented a U.S.-based biotech business in a private financing with offshore investors. The biotech business was in a sensitive area relating to food supply and therefore related to U.S. national security. As a result, and notwithstanding the fact that the investors had bargained for only one board seat, a filing with the Committee on Foreign Investment in the Units States was required, which we prepared and submitted.

Represented a publicly-traded manufacturer and distributor of laser technology-based medical devices. We advised the company on a series of straight debt financings, convertible debt financings, and PIPE and other capital raising transactions and in connection with its SEC filings. We also advised on a transaction in which the client sold all of its assets to a competitor. In the course of our work, we counseled the client’s board of directors on matters relating to governance and share listings.

Represented SurePure, Inc. in a series of offshore equity financings involving shares of its common stock in transactions that were structured to comply with Regulation S under the Securities Act of 1933. We also prepared the Company’s registration statement to be filed to register the resale of the shares that were sold in the financings.

Represented HHS Technology Group, a nationwide leading software and solutions company serving the needs of commercial enterprises and government agencies. Assisted with corporate restructuring-related immigrant and nonimmigrant visa amendments for the all-foreign technology group, including but not limited to: an L-1 blanket petition amendment; I-140 immigrant petition amendments; new H-1B, L-1B blanket visas; and new PERM applications.

Represented an Australian distributor of communications/collaboration technology in arbitration of breach of contract claims brought by a Canadian technology company. The arbitration was governed by Canadian law, and venued in Canada. The client fired its original counsel and engaged Barton after the arbitrator had already dismissed most of its counterclaims. Randall and the Barton team successfully challenged the negative rulings under rarely used arbitration appellate rules, winning reversal from an appellate arbitration panel as well as a multi-million-dollar damages award, plus legal fees.

Represented Riverside Research Institute, a not-for-profit organization chartered to advance scientific research for the benefit of the U.S. government and in the public interest. Successfully filed and secured approval of an Outstanding Researcher green card application for a German national in less than a week.

Represented the purchaser in the Acquisition of the Home Technology Business of TEN: Publishing Media by AVTech Medias America Inc. Because of the complex nature of the assets being purchased, it was necessary to negotiate an extensive transitional services agreement as well as employment agreements.

Represented the purchaser in the proposed acquisition of the Adventure Sports Business of TEN: Publishing Media by AVTech Medias America Inc. Because of the complex nature of the assets being purchased, it was necessary to negotiate an extensive transitional services agreement as well as employment agreements. This was a distressed business transaction.

Represented Concord Health Partners in the negotiation and purchase of Series B Preferred Stock in the $12 million offering by Post Acute Analytics, Inc.

Represented owner of Small Factory Innovations, Inc. in sale to Central Reach LLC private equity fund.

Represented Hivemind Investment Fund in its $3 million purchase of Series A4 Preferred Stock of Sannpa Limited d/b/a Fnatics, Inc.

Represented a U.S. mobile phone service distributor in the sale of its Convertible Preferred Stock to an investor equal to 10% of our clients’ fully diluted equity.

Represented eMedia LLC in the repurchase of 50% of its equity from one of the founders and restructuring of the ownership of the Company to include several senior officers.

Prepared generative AI use policies for a multinational biotech corporation and two law firms.

Drafted a template service agreement for customers in their transactions with mid-sized AI providers so they have an alternative to the providers’ Terms and Conditions.

Won a complicated motion to compel arbitration which the plaintiff sought to overturn by Petition for Writ of Mandate in the Court of Appeal. After we filed Preliminary Opposition, the California Court of Appeal summarily denied the Writ. The Plaintiff then filed a Petition for Review by the California Supreme Court, and Barton filed an Answer to the Petition for Review. The Supreme Court denied the Petition for Review by Order (Darcom v. Black Knight Origination Technologies, Inc.).

Provided FDA remediation training required by audit findings at biotech corporations with regard to record-keeping and manufacturing practices.

Provided counsel to healthcare IT app developers regarding solutions for secure, real-time sharing of medical information among providers.

Acted as general counsel and advised the founders of a website development company in leaving their former employer without violating non-disclosure or non-compete obligations, helped them form the company, negotiated, and drafted the shareholders agreement, and represented the client concerning its engagement agreements with its various clients, many of whom were Fortune 1000 Companies.

Successfully defeated preliminary injunction and seizure order that threatened to destroy client’s business in federal court trademark, copyright infringement, and counterfeiting action brought by the world’s largest software company against a major independent computer distributor whose offices were raided by law enforcement at the request of the plaintiff. Obtained insurance defense leading to an insurer funded, confidential settlement.

Won Judgment for Respondent corporation defeating Petition for Writ of Mandate brought by dissident shareholder seeking competitively sensitive corporate records from tech company.

Won judgment for defendants in two actions filed by minority shareholder against tech company and management for alleged breach of fiduciary duty, improper issuance of shares, breach of contract, and fraud. Won motions for summary judgment in both actions defeating all claims before trial.

Represented one of the officially appointed trustees in the Crazy Eddie consumer electronics chain bankruptcy cases. Successfully pursued millions of dollars of claims against members of the Antar family.

Obtained dismissal with prejudice of contract claim against president of a video chip company.

Represented a worldwide supplier of military batteries, in a wide range of matters including the acquisition and the sale of various subsidiaries and affiliated entities, drafting various benefit plans for key and other employees.

Acted as general counsel for the developer of software to catalog and manage artworks at major museums throughout the world. Helped negotiate software licenses with dozens of major museums including the Metropolitan Museum of Art, The MOMA, the Getty Museum, the Guggenheim Museum, the Tate Museum, and the Smithsonian, and represented the company when it was sold to the owner of several software companies.

Represented Greenwich Air Services, Inc. in connection with the acquisition of Batchelor Air, Inc., and three additional add-on acquisitions, including the $345M purchase by Greenwich Air Services of the jet engine overhaul services business Aviall, Inc., and the $1.2B sale of Greenwich Air Services to General Electric Company.

Represented Greenwich Air Services Inc. in its $20M IPO and $150M follow-on public offering.

Represented Boxlight Corporation (NASDAQ: BOXL), a leading provider of products and services to the educational industry, in its $7M IPO.

Represented Bristol-Myers Squibb in its US$885m acquisition of ZymoGenetics.

Represented The Blackstone Group in its: US$26bn acquisition proposal for Dell Technologies; US$960m acquisition of Team Health Holdings from a consortium led by Madison Dearborn Partners; US$2bn share exchange with Allied Waste Industries Inc. (consortium included Apollo, Greenwich Street Capital, and DLJ Merchant Banking); US$956m acquisition of the assets of New Skies Satellites.

Represented Ivy Technology in its acquisition of PureWRX, Inc.

Represented a biomass plant owner in a AAA construction dispute brought by its EPC contractor and in a JAMS mediation involving a long-term supply contract claim brought by a UK-based purchaser.

Represented a foreign chemical company in a Section 1782 application before a U.S. federal court.

Represented various pro bono matters, including a collaboration with the ACLU Justice Lab in two civil rights suits in Louisiana, numerous diversity programs and GenAI initiatives.

Represented Metavante Technologies in its US$2.94bn sale to Fidelity National Information Services.

Represented ZM Capital in its: Acquisition of Cannella Response Television and Cable Response Television; US$536m acquisition of Airvana by a consortium led by S.A.C. Private Capital; US$760m acquisition of Tekelec by a consortium led by Siris Capital; Acquisition of ISS assets from Microsoft.

Represented Teva Pharmaceutical in its: US$6.8b acquisition of Cephalon; Acquisition of NuPathe.

Represented Cerberus Capital Management in its C$277m sale of a majority stake in ABC Technologies Holdings Inc. to affiliates of Apollo Global Management.

Represented BrightNight LLC in its US$500m sale of preferred equity and warrants to affiliates of Global Infrastructure Partners.

Represented Welsh, Carson, Anderson & Stowe in its: Acquisition of Peak 10; US$730m sale of Peak 10 to GI Partners; US$524m sale of ITC^Deltacom to EarthLink; US$290m recapitalization of Service Repair Solutions.

Represented T-Mobile in US$4.5bn in financings and other related-party transactions with Deutsche Poste.

Represented purchaser in acquisition of controlling stake in SaaS company.