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Mr. Giorgio’s commercial litigation practice encompasses a wide range of civil claims, including complex business disputes, M&A litigation, and intellectual property for clients across the country. He has arbitrated and tried cases in state and federal trial and appellate courts and arbitral bodies throughout the country.

Mr. Giorgio’s experience includes litigating contract and commercial issues; UCC claims; complex business disputes including veil-piercing, shareholder dilution, successor liability, and corporate continuation issues; and various consumer protection statutes and compliance issues.  He co-chairs the Firm’s M&A Litigation Team and handles matters including rep & warranty claims, indemnities, earnouts, working capital disputes, and other purchase price adjustment matters.  Mr. Giorgio also regularly handles trade secret misappropriation and unfair competition claims and intellectual property litigation, including Lanham Act claims and copyright and trademark infringement.

Mr. Giorgio also represents financial institutions in a variety of matters, including cases involving complex commercial relationships, fiduciary duty, fraud and racketeering claims, and claims against creditors.

Mr. Giorgio maintains an active pro bono practice and regularly handles international child abduction cases for the National Center for Missing and Exploited Children and the United States State Department pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.

In addition to working as a summer associate with the firm in 2005, Mr. Giorgio interned with the United State’s Attorney’s Office for the Eastern District of Missouri and the Honorable Catherine D. Perry, Chief United States District Judge for the Eastern District of Missouri, while in law school. Prior to attending law school, Mr. Giorgio worked for Gannett Company, Inc. in Phoenix, Arizona.

Practices

Civic Involvement & Honors

    • FOCUS Leadership St. Louis, Class of 2017-18
    • Downtown Children’s Center, Board of Directors (since 2015)
    • Federal Bar Association, St. Louis Chapter, President, 2017-18 (past Vice-President, Treasurer, and Secretary)
    • United Way of Saint Louis, Men’s Leadership Society
    • Young Friends of St. Patrick Center, Charter Member (2010-13)
    • Theodore McMillian American Inn of Court at Saint Louis University School of Law, Associate Member (2010-12)
    • Notre Dame Club of St. Louis
    • United Way of Saint Louis, Men’s Leadership Society
    • Young Friends of St. Patrick Center, Charter Member (2010-13)
    • Theodore McMillian American Inn of Court at Saint Louis University School of Law, Associate Member (2010-12)
    • Notre Dame Club of St. Louis
    • Theodore McMillian American Inn of Court at Saint Louis University School of Law, Associate Member (2010-12)
    • Notre Dame Club of St. Louis
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Representative Experience

  • ECIMOS, et al. v. Nortek Global HVAC, Western District Tennessee. Defending client against allegations of misappropriation of trade secrets, copyright infringement, and breach of contract. Complete defense findings on summary judgment. Currently on appeal before the Sixth Circuit Court of Appeals.
  • Dairy Queen Operators' Cooperative, Inc. vs BoDeans Cone Co., et al. Defending client against claims of breach of contract and tortious interference relating to termination of supply agreement.
  • City Of Rockford v. Mallinckrodt ARD, Inc., et al.; MSP Recovery Claims, Series LLC et al. v. Mallinckrodt ARD Inc., et al. Defending client in two federal putative class actions against allegations of state and federal antitrust violations, RICO, unjust enrichment, fraud, and various common law claims regarding specialty pharmaceutical pricing and distribution.
  • Energizer Brands LLC v. The Procter & Gamble Company, The Gillette Company, and Duracell U.S. Operations, Inc., Eastern District of Missouri. (January 2018) Represented client in action for trademark infringement, trademark dilution, unfair competition, and breach of contract.
  • Energizer Brands LLC v. Everlast World’s Boxing Headquarters Corporation and Everlast Worldwide, Inc., St. Louis County. (April 2017) Represented client in action for breach of contract and in related TTAB proceeding.
  • Smith and Summa LLC v. Karl Bissinger LLC, St. Louis County. (April 2017). Defended client against allegations of breach of contract and obtained complete defense ruling, including award of attorneys’ fees.
  • Confidential Arbitration, St. Louis, MO (April 2017). Represented seller of business in working capital adjustment arbitration involving claim of nearly $10 million dollar downward adjustment of working capital
  • Energizer Brands, LLC v. TREF I 555 Maryville LLC, (February 2017). Represented client in injunction action involving commercial lease dispute.
  • Confidential Arbitration. Represented NHL club in confidential arbitration concerning ownership dispute.
  • Aguilar et al. v. PNC Bank, N.A., United States District Court, Eastern District of Missouri (October 2015). Defended PNC Bank in $90 million civil action brought by more than ninety individual plaintiffs arising out of a Ponzi scheme, including claims of civil conspiracy, RICO, and violations of Missouri’s Uniform Fiduciaries Law. Obtained complete defense ruling on summary judgment shortly before trial. Affirmed on appeal before Eighth Circuit Court of Appeals.
  • Confidential Arbitration, St. Louis, MO (June 2015). Secured award of $2.3 million for seller of business in working capital adjustment arbitration where buyer had claimed it was entitled to a $42 million downward adjustment of working capital – what was more than 30% of the deal purchase price.
  • Confidential Arbitration, Administered by JAMS, San Francisco, CA (June 2014). Defended earn-out claim of approximately $48 million brought against publicly-traded, leading clean energy projects developer by former shareholders of an acquired business asserting amounts due under an earn-out provision in merger agreement. Obtained complete defense verdict after six-day arbitration.
  • Advise and defend candy manufacturer on various consumer protection matters in California, including Proposition 65 and “all natural” claims.
  • American Puzzle Inc. v. Walter Wurdack Inc., St. Louis City (December 2013). Jury trial in case for breach of contract, defective product, and negligence.
  • Simmons Bedding Co., et al. v. Creative Vinyl Fabrics, Inc., et al., Superior Court of New Jersey, Essex County (November 2012) (appeal dismissed July 2013). Defended Spartech Plastics in $15 million action for fraud, consumer fraud, negligence, and violation of UCC warranties in connection with the presence of phthalates in Simmons Bedding products that triggered a nationwide product recall. Obtained complete defense verdict for Spartech on summary judgment shortly before trial.
  • Bank of America v. Jewish Community Center, Eastern District of Missouri (June 2013). Represented Bank of America in action for breach of loan agreement arising from multi-million dollar default.
  • Lektron v. Tulsa Plastics et al, Tulsa County, (November 2012). Defended Spartech Plastics in breach of contract and defective product action.
  • MEMC Electronic Materials, Inc., et al. v. Balakrishnan, Southern District of Ohio, (June 2012). Represented client in preliminary injunction hearing regarding trade secrets and breach of restrictive covenant in employment agreement regarding manufacture of polysilicon, resulting in favorable case resolution.
  • Build-A-Bear Retail Management Inc. v. Cepia LLC, St. Louis County (April 2012). Defended Build-A-Bear against breach of contract claim.
  • Houlihan’s Restaurants Inc. v. Runfido Inc., District of Kansas (May 2011). Represented Houlihan’s in action for violation of Kansas Uniform Trade Secrets Act, breach of fiduciary duty, copyright infringement, violation of the Computer Fraud and Abuse Act, and unfair competition.
  • Stolthaven New Orleans LLC v. MEMC Electronic Materials, Inc., Eastern District of Louisiana (September 2010). Defended client in multimillion dollar claim for negligence and breach of contract.
  • Pippin v. Hill-Rom Corporation, Eastern District of Missouri (March 2009) Eighth Circuit Court of Appeals (August 2010). Defended client in negligence action, resulting in complete defense ruling on summary judgment that was upheld by the Eighth Circuit Court of Appeals.

Speaking Engagements

  • “Legal Ethics In Film: Don’t Be the Bad Guy,” Bryan Cave Public Companies Update, December 13, 2017, St. Louis, MO
  • “Beware of the Boilerplate: Litigation Considerations for Some Common “Miscellaneous” Provisions in Your Purchase Agreement,” Denver CLE Institute, December 8, 2016, Denver, CO
  • "Working Capital Adjustments: A Uniquely Different Form of Dispute Resolution; Earn-Outs: Avoiding the Most Common Pitfalls," Bryan Cave Public Companies Update, December 3, 2015, St. Louis, MO 
  • "Litigation Arising Out of M&A Transactions (And How to Plan for And Avoid It)," October 21, 2015, St. Louis, MO