Troy S. Brown

Partner

Mergers & Acquisitions / Commercial Contracts / Business Fraud Litigation

• Lead trial counsel to E. I. du Pont de Nemours and Company in its defense of a complex post-acquisition indemnification lawsuit asserted by INVISTA, a wholly-owned subsidiary of Koch Industries, in the United States District Court for the Southern District of New York. The lawsuit sought more than $800 million of damages concerning more than 60 environmental, health, safety and commercial indemnity claims at numerous former facilities in the United States, United Kingdom, Canada, South America and Europe, stemming from DuPont's $4 billion divestiture in 2004 of its worldwide nylon intermediates business. The lawsuit was tried in June 2012. During trial, Mr. Brown cross-examined six of INVISTA's eight lead trial witnesses, including Koch Industries' Vice President of Operations Excellence and member of the Board of Directors, INVISTA's former and current Senior Vice Presidents of Operations, INVISTA's Global Air Manager, and INVISTA's lead environmental expert and its principal outside environmental auditor. Mr. Brown also presented and redirected five of DuPont's six lead trial witnesses, including four of its lead environmental experts. After three weeks of trial, immediately prior to closing arguments on the first of two phases of trial, the parties resolved the lawsuit on mutually agreeable terms.
• Lead counsel to a closely held Thai company, as plaintiff in the U.S. District Court for the District of Delaware, in the prosecution of claims against U.S. and Japanese manufacturers for breach of an exclusive distributorship and for tortious interference. Prior to trial, at defendants' initiation, Mr. Brown negotiated a complex settlement favorable to his client, including technology transfer agreements and valuable licensing rights, as well as cash payments.
• Lead counsel to a national restaurant franchisor in parallel litigation in the U.S. District Court for the Northern District of Illinois and in arbitration, in the defense of breach of contract and declaratory judgment claims concerning the termination of relations with a franchisee. Through early ADR, Mr. Brown negotiated a settlement favorable to his client, including new franchise and development agreements between his client and the franchisee.
• Lead counsel to an international chemical and gas manufacturer in the defense of complex contractual indemnification litigation concerning post-acquisition health and safety claims at former facilities, stemming from the client's sale of a business unit. Through an extensive ADR proceeding, Mr. Brown negotiated a favorable global resolution.
• Lead counsel to an international chemical and gas manufacturer in Delaware state court in the prosecution of complex declaratory judgment claims stemming from an industrial incident at a semiconductor manufacturing plant in Israel. After pursuing an aggressive discovery strategy, Mr. Brown negotiated a favorable settlement for his client.
• Lead counsel to a leading medical equipment distributor in the U.S. District Court for the Eastern District of Pennsylvania in the prosecution of post-acquisition indemnification claims against the selling shareholders of a closely held corporation concerning litigation exposure arising prior to the acquisition. Mr. Brown obtained affirmative summary judgment in favor of his client and, thereafter, negotiated a favorable settlement.
• Lead counsel to a leading multinational pharmaceutical company in the U.S. District Court for the Western District of Pennsylvania in the defense of a breach of contract and business fraud action involving a dispute over the dissolution of a proposed joint venture. Mr. Brown obtained complete dismissal of the action on a motion to dismiss, which was affirmed by the Third Circuit on full briefing.
• Represented an international utility company in the U.S. District Court for the Northern District of Illinois in the defense of a breach of contract and business fraud action involving post-closing financial adjustments and earn-out disputes stemming from the client's acquisition of a pipeline services business. Mr. Brown obtained summary judgment in favor of his client on a majority of claims, and the remaining claim was settled for nuisance value prior to trial.
• Represented a leading energy company in federal and state courts in Florida in numerous multiparty contract and business fraud actions involving a number of the client's acquisitions of telecommunication infrastructure services companies. After successful pretrial rulings narrowing claims against his client, Mr. Brown negotiated a favorable global resolution after a successful private mediation.

Business Competition / Trade Secrets Litigation

• Lead counsel to the world's leading orthopedic implant manufacturer in the defense of unfair competition and tortious interference claims in Delaware state court asserted by an industry competitor stemming from, among other things, the acquisition of assets of one of the competitor's distributors. After more than two years of depositions and extensive motion practice, Mr. Brown negotiated a settlement favorable to his client.
• Lead counsel to a leading healthcare services company in the U.S. District Court for the Eastern District of Pennsylvania in the prosecution of injunctive claims against a departing executive alleged to have stolen trade secrets and breached confidentiality obligations. After successfully obtaining injunctive relief for his client, Mr. Brown negotiated a favorable settlement with the defendant and the nonparty new employer, which, among other things, precluded the defendant from working for the new employer and competing against his client.
• Lead counsel to a leading healthcare services company in New Jersey state court in the defense of injunctive claims relating to noncompete and trade secret disputes concerning his client's hiring of a sales executive from an industry competitor. After successfully defending against the adversary's request for injunctive relief, Mr. Brown negotiated a favorable settlement of the parties' dispute.
• Lead counsel to the world's leading orthopedic implant manufacturer in the U.S. District Court for the District of New Jersey in the defense of equitable and legal claims of unfair competition and tortious interference asserted by an industry competitor stemming from allegations of corporate raiding of sales representatives.  
• Represented a leading medical device manufacturer in the U.S. District Court for the Eastern District of Louisiana in the defense of a multiparty contract and unfair competition lawsuit pertaining to "Grey Market" devices, in which plaintiffs sought in excess of $30 million of damages. Mr. Brown obtained summary judgment in favor of his client and, thereafter, negotiated a favorable global resolution of all claims.

Medical Device and Products Liability Litigation

• One of two supervising partners on the national coordinating counsel team for litigation, regulatory, and media-related issues concerning a major medical device manufacturer's excimer laser system for LASIK eye surgery. This includes developing and implementing a national strategy through conducting extensive fact and expert discovery, pleading and motion practice, case management, alternative dispute resolution, and trial preparation. In connection with this representation, Mr. Brown has been lead or co-lead trial counsel in matters litigated in state and federal courts in California, Texas, North Carolina, Washington, New Jersey, and Georgia.
• Co-lead trial counsel to an international heavy equipment manufacturer in Pennsylvania state court in the defense of product liability claims relating to an accident involving the client's industrial pile-driving machinery. Mr. Brown secured dismissal of all claims against his client at the close of the plaintiff's case-in-chief on the third day of trial.