Corporate | Commercial Case Results

Transactional Case Results:

• Various asset-backed financings - $2.6 billion.
• Accounts receivable securitization - $2.2 billion.
• Negotiated purchase and sale of fuel distribution, storage and transportation businesses - asset total more than $1 billion.
• Lead counsel to Fortune 500 client in $900 million project financing.
• Acquisition of public company – tender for multiple classes of public securities - $800 million.
• Rule 244A bond offerings - $600 million.
• Initial public offering - $500 million of equity proceeds.
• Negotiated office, retail and hotel complex transactions with public-private participation totaling $300 million.
• Revolving credit and letter of credit facility - $215 million.
• Lead counsel to international seller in sale of distribution company with annual revenues in excess of $200 million.
• Negotiated purchase and sale of principal assets of materials company - asset total $185 million.
• Other asset-based financings - $150 million.
• Negotiated purchase of leading U.S. manufacturer of sports optics – asset total $110 million.
• Represented Fortune 500 telecommunications company for the design, engineering and construction of fiber optics facilities in the Midwest and Southeast, with total construction costs exceeding $100 million.
• Negotiated purchase of interest in local telecommunications company – value of acquired interest, $95 million.
• Negotiated purchase of crude oil pipeline company- asset total $60 million.
• Negotiated purchase of leading manufacturer of air guns – asset total $50 million.
• Negotiated purchase of leading manufacturer of sports equipment – asset total $50 million.
• Negotiated sale of mechanical winch manufacturer – asset total $50 million.
• Negotiated sale of manufacturer of above-ground oil storage tanks - asset total $35 million.
• Negotiated purchase and sale of three propane terminals - asset total of $30 million.
• Negotiated acquisition of propane gas assets - asset total $15 million
• Negotiated purchase and sale of port terminal - asset total $14 million
• Negotiated acquisition of gas pipeline company - asset total $14 million.
• Negotiated purchase of 155,000 square foot office building for client totaling $7.2 million.
• Negotiated acquisition of fuel distribution, storage and transportation terminal - asset total $10 million
• Negotiated purchase and sale of law-Btu natural gas gathering system and nitrogen. rejection/helium recovery processing facility - asset total of $6 million.
• Negotiated purchase and sale of gas storage company and its underground salt cavern natural gas storage complex - asset total $4 million.
• Negotiated acquisition of residual fuel oil products business - asset total $2 million
• Negotiated purchase and sale of asphalt storage facility - asset total $1 million.
• Negotiated acquisition of asphalt petroleum products terminal
• As lead real estate counsel, negotiated over 3.5 million sq. ft. of space for Fortune 100 company’s telecommunication facilities between 1999-2001.
• Initial public offering roll-ups – NYSE and NASDAQ-NMS listings.
• Represented the Oklahoma City Public School District in negotiating a multi-million dollar transaction involving the licensing of a financial software package, engagement of consulting services for software implementation, and remote hosting of the software package pursuant to an application services agreement with related service level commitments.
• Negotiated and prepared multiple software-related agreements for software licenses, software development, consulting services, application services and source code escrows.
• Advise Wall Street investment banks on trade cases, recently in steel, computer patents and poultry to help guide investment decisions.
• Negotiated office-lease transaction for national telecommunications company, resulting in the lease of 153,000 square feet of space and the relocation of a major car rental company to Tulsa.
• Lead outside counsel for several major telecommunications providers during initial entry into the telecommunications industry, including negotiating formation agreements and initial customer agreements, dealing with governmental permitting and regulation issues, and developing company forms and strategy for construction, right-of-way acquisition, IRU acquisition and disposition, and purchases and acquisition of contract services.
• Lead counsel for national long-haul telecommunications carriers in negotiation of agreements with industry partners for constructing, maintaining and operating numerous local, regional and national telecommunication systems.
• Lead counsel in negotiating and preparing multi-million-dollar agreement packages for provision of telecommunication services and/or facilities and in establishing long-term customer and industry partner relationships.
• Assisted wireless client in southeastern United States with sale of cellular and PCS properties to AT&T Wireless, including FCC filings for consent to the assignment of the cellular and PCS authorizations.
• Advised radio broadcast client in southern United States in complex multi-party transaction, including relocating station to a large metropolitan market and then selling the upgraded station through a tax-free exchange for another station.
• Helped wireless clients successfully participate in FCC spectrum auctions.
• Helped police department negotiate sharing scarce spectrum for public safety use through FCC presentations and other-party negotiations.
• Successfully obtained reinstatement of two terminated FM radio construction permits.
• Represented Fortune 500 telecommunications company in construction and build-out of nationwide fiber-optic network.
• Represented start-up telecommunications company nationally on real estate and collocate matters.
  

Litigation Case Results:

• Fifteen felony counts of Oklahoma Securities Fraud filed against the firm's client, MCI/WorldCom, were dismissed by the Oklahoma Attorney General in March 2004. That dismissal was part of the case's resolution negotiated by a team led in Oklahoma by the Firm's securities litigation partners, Graydon Dean Luthey, Jr. and James M. Reed. MCI, which had previously pled not guilty to the charges in Oklahoma County District Court, neither changed its plea nor paid any fine. The Court made no finding of wrongdoing by MCI. In an economic development agreement, MCI agreed to add 1,600 jobs to its Oklahoma facility over the next 10 years. Mr. Luthey has previously served three terms as chairman of Oklahoma Futures, the state's statutory economic development board.
• Lead counsel in defense of the largest securities fraud claims ever filed in the state of Oklahoma, involving $2 billion in claims asserted by hundreds of nationally and internationally based plaintiffs.
• Obtained $63 million dollar judgment and subsequent foreclosure of a 40-story office tower in Oklahoma.
• Won a $60 million judgment against Oklahoma resort development owners while representing lenders.
• Obtained an $8.7 million verdict in favor of the firm's client, an interstate gas transmission and supply company, against the City of Detroit after trial in the U.S. District for the Eastern District of Michigan.
• Principal legal advisor to manufacturer on effects of major legislative revisions to Oklahoma regulatory laws.
• Successfully represented individuals and companies in illegal gratuities investigations conducted by the Office of Inspector General at the Departments of Treasury, Agriculture, HUD, Education, FHA and the Smithsonian.
• Conducted internal corporate investigations to uncover wrongdoing by company employees involving confidential reports to the Board of Directors.
• Successfully defended antitrust charges of price fixing in the oil production and container industries.
• Successfully defended antitrust charges of bid rigging in the electrical power, asphalt paving and tax lien auction businesses.
• Achieved dismissal of all charges and return of all property in the largest single seizure of goods in the history of the U.S. Customs Service.
• Successful representation of several companies accused of violations of the Foreign Corrupt Practice Act.
• Representation of healthcare providers in grand jury and false claims cases involving Medicare fraud.
• Responded to Congressional subpoenas and appeared with clients before various Senate and House Committees.
• Successful defense of numerous individuals under investigation by the former Office of Independent Counsel.
• Represented witnesses and targets in a variety of political corruption investigations conducted by the Department of Justice.
• Successful representation of numerous clients in grand jury investigations of contracting fraud with the Defense Department.