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Experience

Lobbying Your Position

Datamyne is a high-tech information provider that operates the world’s largest searchable database on international trade. Until recently, however, Datamyne had been unable to collect key export data on ocean carrier cargo from the Customs and Border Protection.
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Utke, Mark E.

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Experience

Represented Delphi Midstream Partners, LLC in its $200 million acquisition of the rights to construct and operate a 31 mile natural gas pipeline in the Marcellus Shale region in New York and Pennsylvania

Represented Morphotek, Inc., a biotech company, from his introduction of the principals to the angel investors who invested $2 million to over $40 million of venture capital financings from a group of prominent venture funds, including S.R. One, Limited, Forward Ventures, China Development Industrial Bank, Rock Maple Ventures, Burrill & Co., CB Health Ventures, and Flagship Ventures. Subsequently handled the $350 million acquisition of Morphotek by Japanese health care research and development firm ESAI Corporation.

Represented the Commonwealth of Pennsylvania in a combination of successful cases to block its state capital, Harrisburg, from declaring bankruptcy and to secure the appointment of an independent receiver to guide the city’s restructuring. At issue in these cases was the federalist principle that states control their own financial operations as well as those of their cities, and that cities are subject to the dominion of the state.

Represented ARAMARK in a massive whistleblower case with potential damages of more than $1.5 billion. The relator (a private person who files a claim on the government’s behalf) asserted under the False Claims Act that three major food services companies had been defrauding the National School Lunch Program. The firm won a motion to dismiss from the district court that was subsequently affirmed by the Third Circuit.

Served as co-counsel representing National Association for Stock and Auto Racing, Inc., where NASCAR won a summary judgment leading to a ruling that NASCAR owns the worldwide copyrights to the NASCAR NEXTEL Cup Series Trophy. This ruling was upheld by the Third Circuit.

Represented Liberty Property Trust in the development, leasing and debt/equity financing of the $500,000,000 Comcast Center office tower in Philadelphia.

Handled the sale of firm client John Middleton, Inc., a Philadelphia-area cigar manufacturer to Altria Group, Inc. for $2.9 billion.

Represented investment bankers in a $115 million initial public offering of stock for the Shanghai Century Acquisition Corp. in the People's Republic of China.

Assisted a local hospital obtain training reimbursement rates from Medicare after an 8-year fight from the initial administrative appeal challenging the government's interpretation of its re-audit rules to a federal case in the Third Circuit. The court ordered the government to recalculate its reimbursements without reliance on its discriminatory re-audit rule.