Commercial Transactions & Business Counseling

Foley’s Commercial Transactions & Business Counseling Practice comprises attorneys who are both generalists and authorities to serve you in the most effective manner.
Our Commercial Transactions & Business Counseling attorneys often serve as “general counsel” dealing with entity organization and governance, legal compliance, and risk management in connection with day-to-day business operations and dispute resolution. Frequently, our threshold responsibility is to identify legal issues, after which we coordinate the assistance of authorities, within and outside of the firm, as necessary to reach appropriate resolution.
As an adjunct to their more generalized functions, our Commercial Transactions & Business Counseling attorneys are frequently responsible for the numerous large and small commercial transactions that are the lifeblood of Foley’s business clients like you. In connection with that role, the attorneys in this practice maintain full knowledge in the many legal disciplines that affect such transactions.

The key areas of the practice’s competence are listed below.

Representative Matters

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Served as outside general counsel for SKiNNiO, a social media startup located in New York City. In this role, Foley addressed information security, privacy, employment, and contract law issues, as well as serving as lead counsel in Florida-based contract litigation.
Obtained global victory for hunting apparel manufacturer and national retailers as lead counsel in nine consumer class action lawsuits, which challenged defendants’ advertising of carbon hunting clothing. Secured the dismissal of plaintiffs' conspiracy claim and certain defendants in the first-filed Buetow action, 564 F. Supp. 2d 1038 (D. Minn. 2008), and then the denial of class certification in all nine of the actions. See Buetow, 259 F.R.D. 187 (D. Minn. 2009); In re Activated Carbon-Based Hunting Clothing Marketing and Sales Practices Litigation, No. 09-md-2059, 2010 U.S. Dist. LEXIS 144548 (D. Minn. Sept. 29, 2010). After the district court in Buetow granted plaintiffs' motion for summary judgment in part, and issued a permanent injunction against defendants, Buetow, 713 F. Supp. 2d 832 (D. Minn. 2010), Foley briefed and argued the appeal, convincing the Eighth Circuit to: (a) vacate the injunction; (b) reverse the district court's summary judgment order; (c) reject plaintiffs' core allegation that defendants' use of the terms "odor eliminating" and "reactivation" was false; and (d) order the dismissal with prejudice of all claims for equitable relief. Buetow, 650 F.3d 1178 (8th Cir. 2011). On remand, the district court in Buetow granted defendants' motion to dismiss plaintiffs' individual damages claims and entered judgment in defendants' favor. Buetow, 2012 U.S. Dist. LEXIS 116041 (D. Minn. Aug. 17, 2012). Two days later, plaintiffs agreed to dismiss the eight other actions (pending in California, Florida, Illinois, Indiana, Maryland, Michigan, Minnesota and Wisconsin) with prejudice. In doing so, plaintiffs walked away from a significant investment: in court filings, plaintiffs stated that they had incurred over 15,200 hours of attorney and paralegal time pursuing the actions.
Provided financing source recommendations for a fast growing technology company and counselled this client in its 2015 sale to a large technology company within 18 months of formation.

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