A. Davis Whitesell

A. Davis Whitesell provides reasoned analysis and experienced counsel to help clients resolve legal and financial problems. His practice focuses on transactional and litigation matters involving commercial law and insolvency issues, with an emphasis on Chapter 11 bankruptcy matters.  Davis has over 25 years of experience in commercial bankruptcy cases, out-of-court debt restructurings, and acquisition and disposition of distressed businesses, and he represents debtors, fiduciaries, creditors, and acquirers in such matters. He is regarded for his succinct legal agreements and persuasive legal briefs.

Admissions

Davis is a member of the Massachusetts bar, and an inactive member of the California bar.  He is admitted to practice in the United States District Court for the District of Massachusetts and the United States District Court for the Northern District of California

Education

Davis graduated from Harvard College with honors, and from Boston University School of Law, where he was a G. Joseph Tauro Scholar.

Experience

Federal Bankruptcy Litigation

Represented private equity firm in multi-state litigation filed in the Federal Bankruptcy Court for the Central District of California, defending the client against claims for breach of fiduciary duty.  The highly contested and complex case revolved around the client’s investment in a distributor of medical devices that filed for Chapter 11 bankruptcy relief.  The litigation was commenced in the bankruptcy court by the Creditors’ Committee, and it eventually involved concurrent proceedings before several federal district court judges.  By vigorously contesting the allegations at every stage of the proceedings, and aligning the client’s defense with other co-defendants, a very favorable settlement was obtained and the claims were ultimately dismissed with prejudice.

Davis’s significant commercial bankruptcy experience includes his representation of:

  • Quincy Medical Center in the Chapter 11 sale of its hospital and the subsequent plan of liquidation.
  • Waste Systems International, Inc., a solid waste disposal company with liabilities of $150 million, in its successful Chapter 11 reorganization.
  • DB Companies, Inc., a chain of 150 convenience stores and gas stations, in the company’s Chapter 11 case, where Davis worked closely with the company’s management and investment banker to develop and implement a multi-pronged sale process resulting in 50 separate sale transactions generating greater than expected value.
  • Plassein International Corp., a manufacturer of plastic packaging in the United States and Canada with sales of $150 million, in the Chapter 11 sale of its business as a going concern.
  • Number Nine Visual Technology Corp., a publicly-held developer and manufacturer of graphics boards and a proprietary internet appliance, in its Chapter 11 case in which the company successfully accomplished the sale of its technology on an expedited basis.
  • NordicTrack, Inc., a manufacturer of exercise equipment with peak sales of $480 million, in its successful liquidation under Chapter 11.

FIRM DESCRIPTION

Over the past 40 years, the attorneys of Casner & Edwards have built lasting client relationships through sound counsel and personal attention to individuals, businesses and institutions.

Throughout these years of distinguished service, we’ve kept pace with the remarkable changes in business and the law, including by consistently attracting attorneys who are recognized leaders in their fields. Keeping current enables us to effectively address the increasingly complex demands that our clients face.

Contemporary knowledge and a dedication to personal attention and accessibility are key to establishing and maintaining strong relationships.

We strive to live up to these principles every day, and consider it important measures of our success that many of our clients have been with us for decades, and that both our clients and our peers consider us to be a dependable ally and a reliable advocate.

Florence Black

Medical Device Marketing Executive with expertise in international markets Arena for more than 25 years.

•Born in France and now living in the U.S., she truly has global presence, knowledge and insight.

•Global Vice President and Global Director of Strategic Marketing, for Corporations big and small , Public and Private ( including Private Equity Backed) such as Draeger Medical, Itamar Medical, Beaver Visitec International

•Marketing Expert/Consultant for corporations such as HP Medical, Tyco Electronics and TRW.

•Double Master Degree in both Marketing and Finance.

FIRM DESCRIPTION

A small, hard-working M&A and Business Advisory consulting firm that is focused on the Medical Industry. While we are based in MA, we hit the ground running with our direct approach to finding success for our U.S. and International clients.

With over 30 years of combined Global experience in the Medical Device, BioTech and OEM MedTech Industries, we understand that if you are under $50 million there are not a lot of dedicated resources to help you succeed. This is where we come in.

We have worked for small, medium and large companies in the US and internationally. We understand that small and medium size companies need a special and unique focus to gain a competitive advantage in the market place.

Our passion is to help you WIN! We have a successful track record. Talk to us and let’s see how we can help make your roadmap to success a great one!

Our Services

If you’re involved in the Medical Industry, we will help you achieve your goals in the following areas:

1. M&A – Sell Side Advisory – help you position yourself for a successful exit and maximum value;

2. M&A – Buy Side Advisory – we act as your “outsourced B,D&L team” to help you grow thru finding and obtaining targeted, strategic acquisition candidates;

3. Commercialization Projects – we help companies obtain local, regional and international distribution partners and global alliances for the purposes of organic growth.

4. Value Improvement Partner – we will be your partner to improve the your business to ensure it continues to maximize it’s market value for today and tomorrow.

It’s not easy to navigate in today’s landscape of changing market dynamics. We know that. So it takes a unique approach to be successful.

How are you approaching the challenge? Are you facing roadblocks or not getting the results you were looking for?

We are a different type of consulting service company. We look at your business and create solutions targeted to your needs.

We focus on your most critical issues and opportunities. We bring deep, functional expertise, while being known for our positive and creative approach to work.

We love what we do as we partner with our clients to bring them success. The best thing about our services is that YOU decide what YOU want to engage us for.

We will analyze what you are doing currently and give you feedback. We will build a plan for you and give you a checklist to help you achieve your own success or help you implement. And if you want to do it alone that’s ok too. Whatever you need – it’s all possible. We welcome your introductory phone call or email anytime.

David C. Henderson

David C. Henderson is a partner in Nutter’s Litigation Department, a member (and former co-chair) of the firm’s Labor, Employment and Benefits practice group, and a member of the Business Litigation practice group. Clients rely on David’s over 35 years of legal experience in both the public and private sectors. His practice is concentrated in civil litigation and corporate general counsel advice, with a particular focus on employment and labor law and general business and commercial matters. Major corporations, smaller employers, and individual managers frequently engage David in civil matters in federal and state courts and administrative agencies.

Drawing on his experiences in the United States Air Force, David serves as the supervising attorney for a pro bono program he helped organize within Nutter to represent veterans making disability benefit appeals to the United States Court of Appeals for Veterans Claims.

David continues his leadership outside the firm through his involvement in numerous professional organizations, including:

  • Massachusetts Interest on Lawyers’ Trust Accounts (IOLTA) Committee, member (an appointment by the Massachusetts Supreme Judicial Court).
  • Massachusetts Bar Foundation (MBF), trustee, member of executive committee, Brandeis Life Fellow, evaluator of charitable organization IOLTA grant applications, and chair of Grant Advisory Committee.
  • New England Center and Home for Veterans, board member and audit committee member.
  • Career Collaborative, member of Advisory Board.
  • Boston Bar Association (BBA) and its Labor & Employment Section, member. David previously served on the Steering Committee of the Labor & Employment Section, co-chaired the sub-committee that published and revised “A Practical Guide to Understanding Massachusetts Employment Law,” and presented and served for four years as a panelist in the BBA’s Employment Law Basics course.
  • King Philip Youth Lacrosse League, youth lacrosse coach.

Prior to Nutter, David served on active duty in the United States Air Force as a pilot, instructor pilot, judge advocate, and staff judge advocate. In the latter two capacities, he served as general counsel for organizations with thousands of civilian and military employees, and represented the United States in court martial prosecutions, Merit System Protection Board hearings, public sector labor arbitrations, Equal Employment Opportunity Commission hearings, and military discharge boards.

The Employment Law Practice:

We put a seasoned, interdisciplinary team to work for our clients, combining the highest levels of experience and skill to deliver outstanding legal services in the most efficient manner possible. With all of its lawyers based in Massachusetts and collaborating on every detail, Nutter’s Labor, Employment and Benefits team is constantly poised to deliver consistent, high-caliber representation to our clients.

Our lawyers continuously consult with our clients about employment-related issues, and proactively seek methods and strategies for clients to reduce legal risk and avoid unnecessary and costly litigation. When required, however, we represent our clients on employment-related litigation matters and have a proven track record of success in such litigation.

Nutter McClennen & Fish:

Top tier-ranked by Chambers USA and U.S. News & World Report/Best Lawyers, Nutter is a Boston-based law firm that provides legal counsel to industry-leading companies, early stage entrepreneurs, institutions, foundations, and families, across the country and around the world. The firm’s lawyers are known for their client-centric approach and extensive experience in business and finance, intellectual property, litigation, real estate and land use, labor and employment, tax, and trusts and estates.

Nutter has consistently ranked high in lawyer satisfaction, including “best mid-sized law firm to work for” by Vault Magazine and the annual law firm survey of associate lawyer satisfaction conducted by The American Lawyer. Co-founded in 1879 by Louis D. Brandeis, who later became a renowned justice of the U.S. Supreme Court, Nutter is dedicated to helping companies prosper in today’s fast-paced business environment.

Anu Gupta

Immigration Desk is a U.S.-based boutique firm specializing in all aspects of immigration and nationality law, and we assist individuals, businesses and entrepreneurs in all 50 states. Because immigration law is federal law, we can help you from coast to coast and border to border with:

  • Hiring and relocating foreign workers to the U.S.
  • Investing in the U.S.
  • Establishing new businesses in the U.S.
  • Scientist, researchers and other exceptional individuals applying for temporary/permanent residency
  • Medical doctors seeking work visas and J-1 waivers or filing residency using NIW
  • Sponsoring family members as dependents or students, and for green cards
  • U.S. citizens and green-card holders sponsoring family members
  • Filing for waivers to fight inadmissibility
  • Obtaining U.S. citizenship

Peter Kelley

Peter Kelley is an experienced trial attorney with more than twenty years’ successful results in state and federal court. His practice focuses on medical malpractice and general liability defense, and extends into complex personal injury, toxic tort, premises and general liability, construction, contract and civil rights law.

Attorney Kelley has tried more than 60 civil cases, including numerous medical cases in the areas of obstetrics, surgery, cardiology and emergency medicine. He has appeared in all levels of state court and in the trial and appellate levels of the federal court. Additionally he represents medical professionals before state medical, nursing and dental boards.

Outside the courtroom Attorney Kelley regularly counsels industry professionals on health care law and provides risk management advice. He lectures nationally on health care law for Continuing Medical Education and Risk Management programs, and is a regular contributor to various medical publications.

Attorney Kelley is a member of the American Board of Trial Advocates, the Massachusetts, New Hampshire and Maine Bar Associations, and the Tri-State Defense Lawyers Association.

Reported Decisions:  Estate of Betty Blake v. Southcoast Hospitals Group (First Circuit Court of Appeals),  and Estate of Michelle Charron v. Edward Amaral, M.D., et al. (Supreme Judicial Court).

Attorney Kelley is admitted to practice in Massachusetts (including the United States District Court), New Hampshire and Maine.

Attorney Kelley has been repeatedly selected by his peers as both a New England Super Lawyer and a Massachsetts Super Lawyer. The listing appears annually in the November issue of Boston magazine and in New England Super Lawyers.

Attorney Kelley lives in Belmont, MA with his wife Roma and their three children.

Education

– Bates College (1984)

– Suffolk University Law School (J.D. 1991)

 

Carson G. Burnham

Carson Burnham Chairs the International Practice Group of Ogletree Deakins. She is a shareholder based in the Boston office. Carson and her global team manage worldwide labor and employment matters for clients and offer practical solutions to employment law issues in over 100 countries.

Carson’s expertise includes multijurisdictional investigations into employment law and compliance matters including sexual harassment, bullying, assault, breach of finance and sales protocols, kickbacks and compensation fraud and other employment-law matters of particular importance to US headquartered multinationals. Carson also specializes in a practical and efficient approach to sensitive, executive-level negotiations, assisting her clients with hiring, management, and terminations worldwide. Carson has unique experience with labor and employment issues in cross-border M&A from a multidisciplinary perspective, and is often called upon to partner with corporate firms to assist from the kickoff of a transaction through post-close integration. Carson designs and implements global ethics protocols for US-headquartered multinationals and enables her clients to implement compensation plans and harmonized benefits practices with a solutions-oriented approach that maintains efficiency at the global level and compliance at the local level. Carson also manages employment litigation for clients abroad, most recently in the Netherlands, Spain and France. She is frequently asked to speak about addressing the challenges of effectively managing a global workforce.

In addition to her own practice, Carson established and manages the International Practice Group of Ogletree Deakins, a team of international attorneys based in five countries with experience handling employment-law matters worldwide. Some recent representative projects handled by Carson and the team include global restructurings ; overtime and wage/hour compliance in multiple jurisdictions; investigating allegations of sexual harassment and criminal assault (France, UK, Brazil, Thailand); investigating allegations of abuse of financial protocols, including benefits fraud, unauthorized discounting and alleged kickbacks (Japan, France, Brazil); drafting and coordinating the rollout of global sales compensation plans, retention bonus plans, codes of conduct and electronic communications policies; advising concerning choice of law, the enforceability of US judgments overseas and the extraterritorial application of US laws applicable employees employment laws to foreign decision makers; managing disability issues; preparing and delivering comparative anti-harassment trainings; measures to mitigate the multidisciplinary risks associated with Global Mobility assignments; negotiating executive terminations as well as handling performance and conduct-based terminations. The International Practice Group consists of lawyers with in-house experience working for multinationals, lawyers experienced in cross-disciplinary matters such as white collar crime, M&A, immigration and tax; lawyers with educational and language experience in a multitude of foreign countries including China, Cuba, Brazil, New Zealand, Poland, Romania, Austria, and Ireland; and German, Japanese, Chinese and Korean lawyers with experience working in the United States.

Prior to joining Ogletree, Carson was the Vice President of Global Employment Law for Novell, Inc. In that capacity, Carson managed a global team of attorneys, oversaw worldwide employment litigation and separation negotiations, served as counsel to the company’s Compliance and Ethics Committee, held responsibility for the employment-law aspects of the company’s transactional activity (including post-close integration) , chaired its Global Policy Committee, served as counsel to its Global Sales Incentive Compensation Committee, and regularly advised Internal Audit concerning international labor and employment matters, signature authority protocols, pricing review procedures, separation costs and incentive compensation issues. In this role, Carson frequently participated in the company’s Board and Audit Committee meetings and worked on a daily basis with the company’s executive team. Carson is best known for finding creative, simple and efficient solutions for her clients’ complex employment law problems around the world.

Education:

  • J.D., University of Pennsylvania Law School, 1998
  • B.A., cum laude, English, University of Vermont, 1995
  • Harvard Business School (Executive Leadership Development), 2009-2010

Law Firm Overview:

At Ogletree Deakins, we understand that clients have choices among labor and employment counsel. We represent employers of all sizes and across many industries, from small businesses to Fortune 50 companies.

Cynthia T. Mazareas

Cynthia Mazareas is a leading corporate attorney and trusted business advisor to companies in the life sciences, medical device and biopharmaceutical industries. She has more than 25 years of experience providing ongoing, strategic business counsel to boards, management teams and in-house counsel, representing both high-growth private and public companies in day-to-day corporate matters and helping these companies navigate through complex business transactions. She is a member of the firm’s Life Sciences Group and Corporate Governance and Disclosure Group.

Firm Overview:

Established in 1918, the WilmerHale Boston office has grown—throughout its more than 100-year history—from a five-lawyer office to a diverse practice of more than 300 lawyers who serve an ever-expanding national and international client base. Our clients range from established industry leaders to emerging companies that reflect the New England region’s strength as one of the premier technology and life science centers in the country.

Michael W. Hardgrove

Michael Hardgrove has provided international tax consulting, legal entity structuring and intangible property transaction services to numerous public and private companies with operations throughout the world.

Michael’s practice focuses on optimizing the potential benefits of international structures and business operations, including assessing international tax exposures, recommending efficient strategies, and executing the legal steps required to meet the primary objectives of minimizing costs, lowering tax rates and improving cash flows.

His team of lawyers, economists and tax professionals consistently deliver on achieving international tax and structuring objectives.  Whether driven by events such as equity transactions, business growth, new technology or product development.

This proactive and unique legal practice has often been recognized for its consistent capabilities in identifying opportunities, advocating defensible positions and advising on strategic approaches to manage international tax matters:

  • International Structuring: developed efficient global legal entity structures that created efficiencies, limited financial exposures, positioned intangible property rights and designed intercompany arrangements
  • Global Alignment: achieved M&A transaction value and synergies following deal closings by utilizing structural simplification, appropriate transfers of intangible property and streamlining of intercompany transactions
  • Regional Supply Chain: created efficiencies with centralization of procurement, manufacturing oversight and distribution, resulting in increased controls, improved standardization and enhanced profitability.
  • Controversy services: privileged and confidential advice, file memoranda, legal opinions, advanced tax agreement negotiations, tax audit defence, financial audit positions and tax appeals procedures

DLA Piper (Boston):

DLA Piper’s Boston office serves a variety of global, national and local clients, from leading multinational and national companies to emerging companies with cutting-edge technologies and investments. The office’s principal areas of practice are Real Estate, Litigation, Government Affairs, US and International Tax and Corporate and Finance.

As an integral part of the firm’s global presence, the Boston office offers experience in all practice areas that local, national and multinational clients seek when choosing a law firm. DLA Piper is located in all the most important and emerging markets domestically and internationally, positioning us as one of a few Boston firms able to serve our clients worldwide.

 

Anita S. Agajanian

Anita Agajanian concentrates her practice on real estate acquisition, development, finance and leasing as well as the negotiation of construction contracts.

Her clients have included property owners, national and regional developers, banks and other lending institutions, high tech, biotech, office, retail and restaurant tenants and public authorities.

Construction Practice:

As the cost and complexity of construction continue to dramatically increase, success depends on strategic advice that supports our clients’ plans and mitigates risk.

The successful completion of any construction project depends on the quality of the project documents and ensuring that the project is delivered to the required standard, on budget and on time. We are experienced in all sectors of the construction and engineering industry including energy, infrastructure and development. We advise on all manner of procurement methods, from commercial developments to major international, domestic, civil and process engineering and energy projects.

We assist clients in analysing the risk profile of their projects and selecting the best type of delivery method for the project. After selection of the desired construction method, we assist clients in negotiating the contracts.

Disputes are a fact of life in the construction and engineering industry and we help clients avoid them by advising on potential issues at the earliest stages of projects. If a dispute does arise, we have skilled construction lawyers who can manage all of the litigation, arbitration, adjudication and alternative dispute resolution processes.

Firm Overview:

DLA Piper is a global law firm with lawyers located in more than 30 countries throughout the Americas, Europe, the Middle East, Africa and Asia Pacific, positioning us to help companies with their legal needs anywhere in the world.

We strive to be the leading global business law firm by delivering quality and value to our clients.

We achieve this through practical and innovative legal solutions that help our clients succeed. We deliver consistent services across our platform of practices and sectors in all matters we undertake.

Our clients range from multinational, Global 1000, and Fortune 500 enterprises to emerging companies developing industry-leading technologies. They include more than half of the Fortune 250 and nearly half of the FTSE 350 or their subsidiaries. We also advise governments and public sector bodies.