The Deal That Allegedly Never Died: Defending Against a Claimed Option to Purchase
15 October 2015
The Facts of the Case
In the fall of 2002, Ted Miller, the former president, chief executive, and founder of Crown Castle, was approached by John Miller, a former chief executive of a publicly traded company and a Louisiana-based promoter, about coinvesting in an aircraft parts business in San Antonio and Virginia that was in bankruptcy.
The business opportunity that was initially proposed involved the purchase, out of bankruptcy, of the assets of three U.S. divisions of Fairchild Dornier. Fairchild Dornier was a manufacturer of turboprop-powered aircrafts that are primarily used by commuter airlines.
The three divisions in bankruptcy, Merlin Express Incorporated, Fairchild Gen-Aero Incorporated, and Metro Support Services, Inc., operated the Fairchild Dornier U.S. servicing and parts distribution center in San Antonio (the “FDUS Assets”).
Author(s)
Related Insights
26 July 2024
Video
Ten Minute Interview: Art Ownership
Brian Lucareli, director of Foley Private Client Services and co-chair of Foley’s Family Offices group, sits down with Lindsey Birch, associate and member of our Intellectual Property practice group, for a 10-minute interview to discuss art ownership.
26 July 2024
Foley In Fashion
Passing the Torch: Technology in the Opening Ceremony Fashion at the Paris Olympics
With the 2024 Olympic Games set in Paris, France, one of the world’s fashion capitals, athletics and aesthetics collide to take center stage at the much-anticipated opening ceremony.
25 July 2024
Foley In Fashion
SHEIN’s $1.9 Million Data Breach: A Cautionary Tale for Online Fashion Brands
The New York Attorney General fined fast-fashion company, Shein Distribution Corporation, $1.9 million for failing to properly handle a data breach in late 2022.