Manufacturing

Nutter served as legal counsel to Agilyx Corporation and its parent company Agilyx AS (Euronext Growth Oslo: AGLX), a leader in advanced recycling of post-use plastics, in its joint venture with ExxonMobil Chemical Corporation (NYSE: XOM), the world’s largest publicly traded international oil and gas company, to form Cyclyx International, LLC. 

Nutter served as legal counsel to Agrify Corporation, a developer of premium indoor grow solutions, in connection with its acquisition of TriGrow Systems, Inc.

Nutter served as legal counsel to Agilyx Corporation, the leader in chemical recycling of post-use plastics back into polymers, chemicals, and low carbon fuels, in connection with securing growth financing from a diverse set of European investors led by Carnegie Investment Bank.

Nutter represented a medical device manufacturer in multiyear non-compete litigation involving significant sales representatives who made multiple moves between competitors.

Nutter assisted a multifacility manufacturer in negotiating the soft close of a defined benefit pension plan to new union employees.

Nutter successfully defended a North Dakota manufacturer before the National Labor Relations Board against the union’s unfair labor practice claims after the manufacturer withdrew recognition of the union.

Nutter represented the stockholders of Bjorkman Industrial Power Corp., a supplier of batteries and chargers in the power industry, in the sale of stock to MHS Gamma, Inc.

Nutter served as legal advisor to DTM Packaging and Custom Automation, a leader in machinery manufacturing and re-manufacturing, in its acquisition by The Massman Companies, a Minnesota-based team of machinery and technology companies.

Nutter served as sole legal advisor to Midé Technology Corporation, a U.S. company which provides engineering services including problem solving through modeling and analysis, electronic prototyping, commercial research and development, and forensic engineering services, in its acquisition by Paris-based Hutchinson S.A., which manufactures industrial, automotive, and consumer rubber products such as hoses, tubing, bumpers, spoilers, sealants and adhesives, rubber gloves, baby car seats, and sponges.

Nutter represented defendant American Technical Ceramics, Inc. before the Court of Appeals for the Federal Circuit in an appeal from a 2016 jury trial. The Federal Circuit reversed the jury’s award of lost profits based on the availability of an acceptable non-infringing alternative.

Nutter defended Lallemand Specialties, Inc. and its affiliate in 2018 jury trial during which a competitor alleged Lallemand infringed a patent directed to transgenic yeast. The parties ultimately entered into a mutually-beneficial joint agreement, which includes a license to the patent-in-suit.

Nutter served as legal advisor to Globe Composite Solutions, LLC (Globe), a navy submarine supplier, in its acquisition by ESCO Technologies Inc. (NYSE: ESE), a global provider of highly engineered products and solutions to diverse and growing end-markets that include the aerospace, space, healthcare, wireless, consumer electronics, electric utility, and renewable energy industries. 

Nutter serves as national coordinating counsel to a manufacturer of specialized industrial and technical paper products, named as a defendant in asbestos cases across the country.

Nutter represented Waveguide Inc., a New Hampshire-based company that specializes in outside plant services for the telecommunications industry, in its merger with Maicom LLC, a provider of critical infrastructure needs. 

Nutter advised Agilyx, a leader and pioneer in chemically recycling difficult-to-recycle mixed waste plastic streams into high value low carbon circular feedstocks and fuels, on the formation of a joint venture with AmSty, a leading integrated producer of polystyrene and styrene monomer. The joint venture, Regenyx LLC, will be dedicated to fully recycling post-consumer polystyrene materials back to new polystyrene products.

Nutter represented Powerhouse Dynamics, a software company based in Newton, MA, when it was acquired by merger by Middleby Corporation, a publicly traded commercial and residential cooking and industrial process equipment company based in Elgin, IL. Powerhouse Dynamics uses cloud-based controls and analytics to deliver enterprise-wide operational efficiency, food safety, and energy efficiency solutions to portfolios of small commercial facilities, including restaurants, convenience stores, retailers, and more.

Nutter advised Lallemand USA, Inc. when it acquired Scott Laboratories Inc. (USA) and Scott Laboratories Ltd. (Canada), privately-held companies specializing in value-added products for the North American wine, craft brewing, and distilled spirits industries.

Nutter represented Lallemand USA, Inc. in its acquisition of the Hutchinson, MN yeast manufacturing operations of Ohly. 

Nutter represented Shawmut Corporation, a developer of high-performance composites, in its joint venture with the automotive headliner and specialty industrial fabrics business of Glen Raven Technical Fabrics LLC, a global provider of innovative technical fabric solutions.

Nutter advised Lallemand USA, Inc., a U.S. subsidiary of the global yeast manufacturing company, in its asset acquisition of a yeast manufacturing plant and business based in North Dakota.

Nutter advised Atlas Devices, LLC, a leading developer, manufacturer, and supplier of rapid access solutions, in its recapitalization by Anvil Capital. 

Nutter represented OSRAM, one of the world’s leading lighting manufacturers with headquarters in Munich, Germany, in its acquisition of Digital Lumens Inc., a Boston-based company that specializes in industrial Internet of Things (IoT) solutions.

Nutter represented Hyundai Motor America in an automotive products liability trial that involved a claim that the brake and accelerator pedal configuration of an automobile was conducive to simultaneous depression of the pedals and unintended acceleration, resulting in serious personal injuries. After a seven-day trial, the jury returned a defense verdict in favor of Hyundai Motor America.

Nutter advised Wincove Private Holdings, LP, an investment holding company with offices in Boston and New York, when it led a recapitalization of Aloi Solutions, LLC.

Nutter advised LINTEC USA Holding, Inc., a wholly owned U.S. subsidiary of Japan-based LINTEC Corporation (TYO: 7966), in its acquisition of VDI, LLC, a functional film manufacturer headquartered in Kentucky.

Nutter advised Madico, Inc., one of the world’s leading manufacturers of automotive, solar, safety, and security films, in its acquisition of select assets of ClearPlex Corporation, an established supplier of protection films based in Draper, Utah.

Nutter represented Harvey Building Products in its sale to Dunes Point Capital after a full auction process.

Nutter advised Lallemand USA, Inc., a U.S. subsidiary of a global yeast manufacturing company, when it acquired 100% of the equity of USA Yeast Company, LLC, a yeast manufacturing plant and business based in Mississippi.

Nutter represented CIRCOR International, Inc. (NYSE: CIR), a leading provider of valves and other highly engineered products for markets including oil and gas, power generation, and aerospace and defense, in its acquisition of Critical Flow Solutions (CFS) for $210 million.

Nutter acted as outside counsel for one of the world's largest health care companies in a six-year investigation into alleged off-label use of one of its leading products.

Nutter represented a company in several jurisdictions in related patent and trademark actions concerning the manufacture, sale, and marketing of feminine hygiene products. The client and its competitor resolved the cases globally on terms favorable to our client.

Sarah Kelly was part of a team that secured a defense verdict for its client after a four-week jury trial in the U.S. District Court for the District of Massachusetts. A major European luxury hotel brought suit against Nutter’s client based on the client’s alleged connection to a significant fire at the hotel. The hotel claimed that the client was responsible for this fire because one of the client’s guests, a customer, negligently discarded a cigarette in her hotel room.

After four years of discovery and motion practice, Nutter presented its case to a jury, demonstrating not only that its client was not negligent but that the hotel’s fire safety practices were inadequate. The trial lasted four weeks, while the jury deliberated for less than a day before rendering a verdict entirely in favor of Nutter’s client. 

Nutter obtained a jury defense verdict for a large printing company on a multimillion dollar claim arising from allegations of widespread hazardous exposure to lead dust.

Our client was sued for allegedly infringing a patent pertaining to the method by which our client’s product was packaged. Though the client denied any infringement, the client was able to settle the matter on favorable terms, including an advantageous license arrangement.

Nutter represented a medical device manufacturer on a national basis on real estate leasing, acquisition, disposition, financing, permitting, and environmental and other land use related activities, including negotiation of letters of intent, purchase and sale agreements, leases, lease amendments, architects and construction contracts, brokerage agreements, and other consulting arrangements.

Nutter developed strategy and provided litigation support for an herbicide manufacturer that successfully enforced IP rights against two competitors, resulting in early favorable settlements.

Nutter advised Agilyx Corporation and its parent company Agilyx ASA (OSE: AGLX; OTCQX: AGXXF) in connection with the U.S. portion of a successful placement of a senior secured green bond issue of $50 million (USD).

Nutter served as legal counsel to Baril Corporation, a leading medical specialty manufacturer of infection prevention, wound care, clinical chemistry, patient monitoring, and medical and surgical consumable products, in its acquisition by TEAM Technologies, Inc., a leading North American healthcare specialty manufacturer focused on oral and dental care and medical end markets. 

Nutter served as legal counsel to Eastprint Incorporated, a printed electronics solutions provider, in connection with its acquisition by East West Manufacturing, LLC, an integrated design, engineering, manufacturing, and distribution services partner for original equipment manufacturers and distributors throughout North America and Europe.

Nutter advised G.A. Fleet Associates and Fleet Pump (together, Fleet) in connection with its acquisition by Vessco Water (Vessco), a portfolio company of Gryphon Investors and one of the largest full-service water treatment equipment distributors in the nation. 

Nutter served as legal counsel to Fowler High Precision, Inc., a specialty manufacturer and distributor of dimensional metrology tools, highly engineered systems, and calibration services, in connection with its recapitalization by Pfingsten Partners, LLC.

Nutter achieved a favorable decision on the merits before the Trademark Trial and Appeal Board (TTAB) in relation to a trademark opposition on behalf of a German cosmetics company.

Nutter advised Hadron Healthcare Fund in MariMed, Inc.’s (OTCQX: MRMD) $46 million financing.

Nutter defended a manufacturer of office products brought by a competitor involving the rights to the name of a market index in the District of Massachusetts. The case settled at mediation.

Nutter represented Ryan Building Products, Inc. in its sale to Beacon Building Products, Inc., the largest publicly traded distributor of roofing materials and complementary building products in the United States and Canada.

Nutter advised Shawmut LLC, the premier provider of engineered flexible multi-layer materials for automotive, medical and other applications, in connection with its acquisition of long-time warp-knitting supplier, Fairystone Fabrics, by newly formed affiliate, Shawmut Infinite. 

Nutter served as legal counsel to Shepley Wood Products, the premier building supply company for Cape Cod, Nantucket, and Southeastern Massachusetts, in its acquisition by Kodiak Building Partners, a Denver-based building products distribution platform.

Nutter represented a software company that sued a Fortune 100 computer hardware, software, and services company for copyright infringement, breach of license agreement, and breach of contract (among other causes of action) as a result of unauthorized copying and use of the client’s software to design and develop a competing product. Nutter defeated the motion to dismiss. The firm architected and executed a discovery strategy that revealed a weakness in the opposing party’s case. The case settled very favorably shortly thereafter.

Nutter served as legal counsel to Turner Brothers, LLC, a Massachusetts-based concrete building services company, in its acquisition of Woodland Tilt-Up, Inc., a Florida-based specialty Tilt-Up construction contracting firm.