Preliminary Injunction

Lowis & Gellen attorneys, Gerald Haberkorn, David Donnersberger, Daniel Marko and Mehreen Sherwani were successful in obtaining a preliminary injunction against a former officer and manager of a short line railroad operator. The former member recently left the railroad and shortly thereafter attempted to usurp a business opportunity that had previously been presented to the railroad. As an officer of railroad, the former member was responsible for exploring the viability of the railroad’s potential acquisitions and various business opportunities, and in that capacity the former member had a fiduciary duty to the railroad. The former member learned of this potential opportunity despite the fact that the opportunity was not publicly advertised, and not generally known within the industry. The former member formed his own company in January 2007, and began to actively pursue this business opportunity. On April 13, 2007, after a two-day hearing, the former Member was found to have breached his fiduciary duty, and he was enjoined from making any further attempt to take advantage of this business opportunity. For additional information regarding this case, please contact Gerald Haberkorn at (312)456-2701 or geraldh@lowis-gellen.com.

Lowis & Gellen Partner Featured in European Review

At the beginning of each year, Acquisition Finance Magazine conducts a review of the just ended year in European mergers and acquisitions activities. This year the magazine’s review featured a discussion with Lowis & Gellen’s partner, Gerald Haberkorn. Mr. Haberkorn explained his view of why last year was a banner year for mergers and acquisitions in Europe, and whether the trend will continue into this year. To see the full text of Acquisition Finance Magazine’s article, click here.
Lowis & Gellen’s Corporate Practice Group represents public and private companies in connection with a wide variety of transactions, including mergers, stock purchases and asset acquisitions, divestitures, leveraged buyouts, restructurings and other transactions involving changes in corporate control. For more information on Lowis & Gellen’s Corporate Practice Group, please contact Gerald Haberkorn at geraldh@lowis-gellen.com or (312) 456-2701.