Peter J. Georgiton

Experience

Counseled Leading ULT Freezer Company through Merger

Client: Stirling Ultracold
Counseled Leading ULT Freezer Company through Merger

We counseled our client, Stirling Ultracold, an innovative developer and manufacturer of ultra-low temperature (ULT) freezers for life science and biopharma research, through its merger with BioLife Solutions, Inc., a developer focused on bioproduction devices used in cell and gene therapies. The all-stock mergers was in excess of $230 million.

Stirling’s CEO saw the potential for increased demand for the company’s freezers during the COVID-19 pandemic as the freezers were a direct competitor to dry ice used in storing the COVID-19 vaccine. Merging with BioLife enabled Stirling to execute an aggressive strategic plan marketing and selling its freezers. Dinsmore served as the company’s general counsel since 2019, and our team of attorneys brought experience in mergers and acquisitions, labor, insurance, and life sciences, all of which was necessary to fully understand and address the company’s specialized needs. We counseled our client through the merger while simultaneously defusing challenges. Our team’s collective experience enabled Stirling’s executives to address the company’s short-term needs while also achieving its long-term goal.

“The entire team at Dinsmore was, by far, the best engagement I have had in the 15-plus strategic transactions I have done throughout my career,” said previous Stirling Ultracold CEO Dusty Tenney, now COO and president at BioLife. “Their responsiveness, engagement, availability and deal leadership were extraordinary from LOI to closing.”

Chemed Corporation v. PCI Holding Corp., et al.

We represented Chemed Corporation and its subsidiary Vitas Healthcare Corporation in litigation which we initiated on behalf of Chemed to collect disputed amounts owed as a result of a sale of a former Chemed home health care subsidiary. The defendant asserted numerous counterclaims for breach of contract and alleged fraud and misrepresentation in connection with the sale. After the filing of summary judgment and numerous other pretrial motions, the case was successfully settled shortly before trial.

Nash Finch Company Litigation

We were lead counsel for grocery wholesaler Nash Finch Company and its subsidiary Super Food Services, Inc. in "Fleming" suit brought against Nash Finch/Super Food by grocery retailers alleging breach of contract, fraud and other claims arising out of prices charged retailers for goods and services. Summary judgment for Nash Finch and Super Food on all claims was affirmed on appeal. Super Food Services v. Munafo, Inc., 2000 Ohio App. LEXIS 779. We have subsequently been lead counsel for Nash Finch and Super Food in numerous other cases from 2001 through the present in Ohio and Kentucky involving breach of contract, fraud, antitrust, consumer protection and related claims.