Case Studies
Ruder Ware has a wide range of experience with these types of cases. To
discuss our successes in a particular area, contact a Ruder Ware
attorney.
Wausau–Mosinee Paper
Business Acquisition
When Mosinee Converted Products (a division of Wausau-Mosinee Paper
Corporation) purchased selected assets of Laminated Papers, Inc. of
Boston last March, it relied on its longstanding relationship with Ruder
Ware. Lon Roberts’ knowledge of the paper industry and understanding of
Wausau-Mosinee’s operations helped senior management negotiate a
delicate interim operating agreement. This ensured a smooth transition
for Laminated Papers’ customers, as well as more business opportunities
for Mosinee Converted. Portions of Laminated Papers’ production
operations, which manufactures, converts and distributes roll wrap, odor
barrier and skid wrap products, have been successfully relocated to
Mosinee Converted’s Columbus, WI and Jackson, MS locations. The
acquisition will positively impact Mosinee Converted Products sales.
Cities vs. Clinics
Tax Exempt or Not
Two Ruder Ware clients, the cities of Mosinee and Wausau, have long
contended that the Marshfield Clinic is obligated to pay property taxes.
But the clinic has argued that its branch operations are research
facilities and therefore exempt from property taxes. When the clinic
filed lawsuits in 2000 and 2001 to recover $1.07 million in Wausau taxes
and $318,000 in Mosinee taxes, both clients decided it was time to put
Ruder Ware’s litigation skills and extensive knowledge of municipal
governments to work. During the past three years, attorneys Doug
Klingberg and Bryan Kleinmaier performed extensive discovery research
and filed numerous motions, each designed to clarify critical issues and
obtain an early resolution of this case. In early 2003, the cities filed
motions for summary judgment. After successfully presenting their case
last April, Marathon County Circuit Court Judge Vincent Howard agreed
the clinic was not tax exempt and, in effect, ordered it to continue
paying property taxes to both cities while rejecting the clinic’s
request for tax refunds.
Wausau Benefits
Corporate Growth
The group of local investors who launched Wausau Benefits three years
ago, with Ruder Ware’s assistance, were determined to keep their
business venture growing and thriving in Wausau. In just three years,
the spin-off operation of Wausau Insurance had become the nations’ fifth
largest third-party administrator of employee benefits for self-insured
companies. So it’s not surprising that this highly successful venture
attracted the eye of another major corporation. Brookfield,
Wisconsin-based Fiserv, with sales of $2.3 billion last year,
successfully acquired Wausau Benefits on May 5, 2003. A team of Ruder
Ware attorneys led by Stewart Etten, handled the transaction for Wausau
Benefits, which will continue to operate from its corporate headquarters
in Wausau as a subsidiary of Fiserv. Maintaining a significant amount of
autonomy and its Wausau roots was a key goal of management and the final
agreement achieved that. The combined Fiserv/Wausau Benefits
organization is now the second largest third-party benefits
administrator in the U.S.
CW Paper
Good Paperwork
On March 31, 2003, Central Wisconsin Paper’s owners, Gene and Brenda
Davis, successfully sold substantially all of the assets of their
company to Midland Paper Company of Wheeling, IL. The sale was part of
the Davis’ business succession plan in anticipation of their retirement.
Gene Davis will continue to manage the distribution of fine paper,
industrial paper and industrial and janitorial supplies in Central
Wisconsin and Appleton on behalf of Midland Paper Company. Lon Roberts
and a team of Ruder Ware professionals facilitated this company sale
allowing for a smooth transition for CW Paper’s customers, while meeting
the personal financial planning goals of the principals in this
family-owned business. The Davises will continue to own the warehouses
and distribution facilities in Wausau and Appleton and lease them to
Midland Paper Company.
Kretz Lumber
Business Succession
The third generation owners of Kretz Lumber Company in Antigo had no
children to succeed them in the family business. To carry out their
ambitious plant expansion plans, they needed to show their lenders and
their employees that they had a sound ownership and management
succession plan in place.
Relying on his understanding of the business and it’s owners’
objectives, Mark Bradley led an effort to design and implement a
business succession plan. Working with various business professionals,
Mark guided a year-long process that resulted in the company obtaining
financing for expansion and in the owners selling 100% of their stock to
an employee stock ownership plan (ESOP).
The owners avoided capital gains taxes on their sale of stock,
diversified their holdings into a secure portfolio, and maintained
management continuity by continuing as key employees. Their talented and
loyal workers saw a significant infusion of capital in what became their
company through the ESOP. With the expansion, the company will compete
more effectively in global matters.
Fiduciary Services
Trust Asset Management
Ruder Ware’s Fiduciary Services Group helps our clients and their
beneficiaries in the management of trust assets. During the past year of
volatility and uncertainty in the stock market, we have helped numerous
clients make very important financial decisions. For example, we
assisted a widow in managing her inheritance by establishing and
administering trusts to meet her charitable giving needs and provide
stability for her children. We also managed the assets of a local
private foundation and created a model for managing the foundation
following the death of the family patriarch.
We have also assisted many clients with a unique investment opportunity
in a limited liability company that has produced an IMAX film, in
association with the National Wildlife Foundation. “Coral Reef
Adventures,” currently playing in IMAX theaters around the country,
beautifully portrays the need to preserve coral reefs throughout the
world.
SPASH, YMCA Win
Supreme Court Decision
Ruder Ware attorney Cari Logemann successfully argued a case in the
Wisconsin Supreme Court on behalf of the Stevens Point School District.
In a 5-1 opinion, the Court upheld its interpretation of the municipal
immunity doctrine and upheld the lower court’s dismissal of a student’s
negligence claim against the district. The student’s four-year
scholarship had been withdrawn when the N.C.A.A. discovered a problem in
his high school academic records that made him ineligible. The student
and his parents sued the district, but the Wisconsin Supreme Court
agreed with Logemann’s arguments that the doctrine of municipal
immunity prevents municipalities from being sued when exercising
discretionary duties, whether an error was made or not. In another
litigation victory, this time in federal court, Logemann successfully
defended the Woodson YMCA against charges of a former employee by
quickly moving for dismissal at the trial. The court agreed that half
the case should be dismissed as a matter of law. The plaintiff then
voluntarily withdrew the remaining claims.
Wilson-Hurd
Labor Relations
For the first time in 70 years, Wilson-Hurd Manufacturing Company is
union-free, thanks to Ruder Ware’s assistance. In November, 2001, after
the union membership rejected the company’s contract offer, Wilson-Hurd
enlisted Ruder Ware’s help in order to operate more efficiently.
Attorney Ron Rutlin immediately recommended and negotiated major
revisions to the labor agreement. Following several months of ensuing
negotiations, the parties reached a stalemate. After the union rejected
the company’s final offer, Rutlin helped the company implement a revised
offer which included a wage freeze and the elimination of the
requirement that employees had to pay union dues as a condition of
employment. The following October, a group of workers signed a petition
rejecting union representation, enabling Wilson-Hurd to legally withdraw
its recognition of the union as the production employees’ collective
bargaining agent.
Government Relations
Opening Doors
Ruder Ware’s government relations staff, led by Director Dave Anderson
and Counsel Lisa Roys, recently helped company executives from Wausau
Financial Systems develop and implement a strategy that opened important
doors in Madison and Washington. According to Wausau Financial Systems’
Executive Vice President Mark Pitman, “We knew we made the right
decision to have Ruder Ware become a member of our team after just two
hours of meetings in Washington.” President John Koci agreed, “Dave and
Lisa made a major contribution to the successful roll-out of our new
SafeAssured Child Identification Solution,” he said. “We have been
amazed at their abilities to schedule meetings with exactly the right
people.”
Mold Issues
Building Industry Awareness
Having encountered an increase in claims and litigation involving mold
and well aware of the significant amount of misinformation being
disseminated in the news media, Ruder Ware recently developed and
presented a series of seminars focused on mold issues. The seminars
separated facts from fiction and reviewed real world solutions for
builders, contractors, building component manufacturers, and others
involved in the construction and real estate industries. Advice ranged
from mold remediation issues to issues of protective warranties,
insurance coverage, customer education, and strategies for handling
litigation. Ruder Ware also organized an important legislative briefing
for Wisconsin-based window and door manufacturers after hearing about
major problems in California following passage of that state’s
construction defect legislation. Because similar legislation efforts in
Wisconsin were under discussion without representation of the window and
door industry, Ruder Ware initiated the briefing to discuss specific
ways to get involved in the legislative process through a coalition with
other construction-related trade associations. The briefing also
reviewed progress on “notice and right to cure” legislation, likely to
be introduced in the Wisconsin Legislature this fall.
More Ruder Ware Accomplishments
Ruder Ware helped Greenheck Fan Corporation purchase substantially all
of the assets of Heatex, Inc., St. Paul, on January 1, 2003-making
Greenheck the largest domestic producer of energy recovery ventilation
products. Greenheck’s highly regarded ESOP presented several unique
challenges in structuring the acquisition, but Ruder Ware’s employee
benefits attorneys handled those challenges with ease.
We successfully defended a local business against an age discrimination
claim filed by a former employee. The matter required our law firm to
represent the client at a hearing before an administrative law judge and
to submit extensive briefs supporting our position.
Ruder Ware assisted a group of Wisconsin investors with their
acquisition of a local retail business, which adds a key market location
to their expanding business operations.
On April 30, 2003, Ruder Ware assisted the owners of a large
manufacturing firm in Merrill, Wis., in the sale of the company and
several affiliated companies to another Wisconsin-based company.
Production and business operations will continue in Merrill and
Rhinelander. The transaction enabled the stockholders to achieve their
financial objectives for liquidity, investment diversification and
retirement planning.
We have been successful in getting a number of discrimination
complaints, filed against our clients, dismissed at the earliest stages
of the investigation. In each instance, the investigatory agency, after
reviewing the arguments and documents which we submitted on behalf of
our clients, concluded that there was no probable cause to believe that
discrimination had occurred.
Ruder Ware attorney Doug Klingberg successfully represented a drilling
equipment manufacturer during a three-week product liability trial in
Dayton, Ohio in June, 2002. The jury absolved the client from any
responsibility for the injuries received by an equipment operator and
found the company’s drill rig to be “reasonably safe and without
defect.”
Meritas
On many occasions during the past year, Ruder Ware has asked fellow
Meritas firms across the U.S. to assist our clients with widely varying
legal services. A free phone call to Meritas firms often can clarify
potential legal issues in their respective states. This not only saves
our clients time and money searching for high quality legal services,
but also produces a high-quality result. Our clients continue to
interact only with Ruder Ware.
Meritas annual reviews all member firms, based upon quality of
performance, and eliminates firms that aren’t achieving consistently
high standards. We consider it an accomplishment to have maintained our
membership in Meritas since its inception.
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