Firearms Industry Practice Group

Joseph O. Kavan Partner E: Joseph.Kavan@KutakRock.com D: 402-231-8808 T: 402-346-6000

Table of Contents

Overview.......................................................................................................... 1

Firearms Industry Practice Group

About Kutak Rock

Licensing and Regulatory Compliance ............................................................. 2

ITAR – Import and Export ............................................................................... 4

Firearms and Ammunition Excise Tax ............................................................ 5

NFA Firearms Dealers and Manufacturers (SOTs) .......................................... 7

Patents and Intellectual Property .................................................................. 8

Corporate Finance ........................................................................................... 9

Corporate Compliance................................................................................... 10

Bankruptcy and Restructuring ..................................................................... 11

Financing ....................................................................................................... 13

Sales, Distribution and Dealer Agreements .................................................. 14

Products Liability Litigation ........................................................................... 15

Insurance and Risk Management .................................................................. 16

Biographies .................................................................................................... 17

Joseph O. Kavan

Sean P. Connolly

Kevin E. Burr

Bartholomew T. McLeay

Kevin D. Hartzell

Mark A. Ellis

Michael A. Condyles

Michael E. Brown

Robin E. Clark

Barry P. Steinberg

Robert M. Slovek

Jason S. Jackson

Locations ...................................................................................................... 31

About Kutak Rock

Kutak Rock LLP is a national law firm of more than 500 lawyers in 17 locations from coast to coast. Our firm serves local, regional and national clients in a practice that spans a wide range of disciplines, primarily focusing on business and corporate law, real estate, litigation and public finance with numerous areas of specialization. We have earned a national reputation for finding creative solutions to complex legal issues and for providing excellent legal services in a practical, cost-conscious manner.

Atlanta | Chicago | Denver | Fayetteville

Irvine | Kansas City | Little Rock

Los Angeles | Minneapolis

Oklahoma City | Omaha | Philadelphia

Richmond | Scottsdale | Spokane

Washington, DC | Wichita

Firearms Industry Practice Group Overview

Kutak Rock formed its Firearms Industry Practice Group in response to an identified need for a national law firm to understand and invest in the success of the firearms industry. All of the group’s lawyers understand and appreciate how and why your product is made and how your product works.

We understand the maze of regulation and compliance filings required to take your product to market, and we are committed to your success in the industry. We also understand the nuances related to the non-regulatory aspects of the firearms industry, including financing your business, dealer and distribution, import and export, litigation, intellectual property and patents.

We believe that quality representation involves anticipating growth opportunities and potential pitfalls and being part of a team committed to the client’s goals. A lawyer cannot do that in a vacuum. Quality representation is not a spectator sport; it requires commitment to the client and to the client’s industry.

Each of our group lawyers is personally involved in one or more aspects of the industry, as we are active shooters and hunters, reloaders, range officers, certified firearms instructors, CCW permit holders and CCW Instructors as well as former military and law enforcement officers.

Kutak Rock and its lawyers are members of:

• the National Shooting Sports Foundation

• the National Rifle Association and

• The Second Amendment Foundation

Kutak Rock has experience and capabilities with a variety of matters, including:

• Licensing and regulatory compliance

• ITAR – import and export

• Patents and intellectual property

• Corporate finance

• Corporate compliance

• Bankruptcy and restructuring

• Financing

• Sales, distribution and dealer agreements

• Products liability litigation

• Insurance and risk management

The firearms industry is one of the most heavily regulated in the United States and because of the current political environment, the number and nature of these requirements continue to increase and expand.

Licensing and Regulatory Compliance

As a licensee you are subject to a maze of federal, state and local laws, regulations, rules, forms, compliance requirements and rulings. This increases the need for vigilance and care to operate within the law. Kutak Rock’s Firearms Industry Practice Group can help you navigate this landscape through all aspects of licensing and legal compliance.

Federal laws you deal with and with which we are familiar:

• The National Firearms Act (as amended by Title II of the Gun Control Act)

• The Gun Control Act of 1968

• The Arms Export Control Act

• Title 18 concerning nonmailable firearms and the rules and regulations related to these, including the National Instant Criminal Background Check System regulations

National Firearm Act Comprised of a mere 22 sections of the Internal Revenue Code, the National Firearms Act is a complex mosaic of

taxes imposed on the manufacture, import and transfer of firearms in addition to registration, identification, records and reporting requirements. Violation of the National Firearms Act can result in fines, 10 years of imprisonment on each count, and forfeiture.

Because the National Firearms Act relies on the definition of such terms as “firearm,” “silencer,” “machine gun” and “destructive device,” among many others, the familiarity with these definitions, combined with a practical knowledge of the variety of firearms and ammunition, provides Kutak Rock with the experience and knowledge to assist you in being fully compliant with the National Firearms Act.

Gun Control Act The Gun Control Act was signed by President Lyndon Johnson on October 22, 1968 as an omnibus measure

reflecting a variety of congressional purposes, including amendments to the National Firearms Act of 1934, extending its coverage and tax measure to “destructive devices” (bombs, hand grenades, land mines and similar mechanisms) and altering the registration provisions of the National Firearms Act to rescue its registration requirement from the Haynes decision.

Most relevant to the firearms industry today, Section 922 of the Gun Control Act provides that it shall be unlawful “for any person, except as a licensed importer, licensed manufacturer, or licensed dealer to engage in the business of importing, manufacturing or dealing in firearms, or in the course of such business to ship, transport or receive any firearm in interstate or foreign commerce” and for any person “except a licensed importer or licensed manufacturer, to engage in the

Licensing and Regulatory Compliance cont.

business of importing or manufacturing ammunition, or in the course of such business to ship, transport, or receive any ammunition in interstate or foreign commerce.”

In 1993 the Brady Handgun Violence Prevention Act amended the Gun Control Act and paved the way for the National Instant Criminal Background Check System, or NICS. Launched by the FBI on November 30, 1998, NICS is used by Federal Firearms Licensees (“FFLs”) to instantly determine whether a prospective buyer is eligible to buy firearms or explosives.

Every company manufacturing, importing, selling, purchasing, repairing, altering, auctioning, pawning or collecting firearms is affected by the Gun Control Act, so whether you are a Type 01 applicant seeking an FFL as a dealer or manufacturer, or an existing Federal Firearms Licensee with compliance or enforcement issues, Kutak Rock has the practical knowledge of firearms, ammunition and other devices to provide you with advice on complying with the Gun Control Act.

State Law Compliance All 50 states, the District of Columbia, American Samoa, Guam, North Marianna Islands, Puerto Rico and the Virgin Islands, and many individual local governments have some form of firearms and ammunition laws and regulations. These laws are in addition to the Gun Control Act and affect over-the-counter sales of rifles and shotguns.

With approximately 500 lawyers in 17 locations, Kutak Rock has lawyers licensed in virtually every state. In addition to assisting the firearms industry with federal law compliance, Kutak Rock also has the experience and resources to help you navigate through the plethora of state and local laws.

Our lawyers network with and rely upon international and U.S. trade consultants who specialize in investigations. Many of these individuals are former Department of Commerce and BATFE analysts and employees.

ITAR – Import and Export

Kutak Rock’s International Trade Group focuses heavily on defending foreign manufacturers and U.S. importers in proceedings before the U.S. Department of Commerce, while the Firearms Industry Practice Group assists the same groups in navigating through the variety of compliance requirements for importation under the Gun Control Act and exportation under the International Traffic in Arms Regulations and U.S. Arms Export Control Act.

A Summary on the Laws The Gun Control Act of 1968 generally prohibits the importation of firearms, firearms frames or receivers, firearms barrels and ammunition into the United States. However, the Gun Control Act creates several narrow categories of firearms the Attorney General shall authorize for importation.

In general, the Gun Control Act provides that firearms or ammunition may be imported into the United States for the purpose of scientific testing or research or for competition training as unserviceable firearms if the firearms or ammunition are of a type generally recognized as particularly suitable for or readily adaptable to “sporting purposes,” or the firearms or ammunition were previously taken out of the United States by the person who is bringing in the firearms or

ammunition. Handguns imported into the United States also must be recognized as particularly suitable for or readily adaptable to sporting purposes.

In determining whether a particular rifle or shotgun is suitable for or readily adaptable to sporting purposes within the meaning of the statute, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“BATFE”) generally relies

upon an analysis of the physical features of the firearm.

In addition, the U.S. Arms Export Control Act and ITAR prohibit the export and temporary import of defense articles and technical data, the provision of defense services to foreign persons, and the brokering of defense articles or services by all persons in the United States and by U.S. persons wherever located, unless approved in advance by a State Department’s Directorate of Defense Trade Controls (“DDTC”)-issued export license agreement or by qualification for an ITAR exemption.

Any person in the United States who manufactures, exports or temporarily imports defense articles, furnishes defense services to foreign persons, or brokers defense articles or services must register with DDTC and maintain records of regulated activities for five years. Persons who pay certain fees or commissions to secure the sale of defense articles or services must report those payments to DDTC. Violations are

punishable by fines, imprisonment and debarment. Also, federal law prohibits the export of any item from the United States contrary to any law or regulation of the United States, punishable by fine and imprisonment of not more than 10 years.

Our lawyers network with international and U.S. trade consultants who specialize in investigations. Many of these individuals are former Department of Commerce and BATFE analysts and employees. We work closely with these consultants to develop and prepare the necessary compliance material for importation.

NFA Firearms Dealers and Manufacturers – Special Occupational Taxpayers Any “person” intending to engage in the business of importing, manufacturing, or dealing in NFA firearms must first apply for and obtain a license under the Gun Control Act. Licenses are issued for a period of 3 years.

The National Firearms Act imposes tax on the making and transfer of firearms and requires the annual payment of a special (occupational) tax (SOT) by licensees engaged in the business of manufacturing, dealing in, or importing NFA firearms. The NFA also provides for exemptions from the making, transfer, and special (occupational) taxes in specific situations.

A tax of $200 is imposed on the making of all NFA firearms. The tax must be paid prior to making the firearm. The transfer of a serviceable NFA firearm is also subject to a transfer tax. This tax must be paid prior to the transfer.

On first engaging in business, each importer, manufacturer, and dealer in NFA firearms must pay a special (occupational) tax for each place of business. A manufacturer who has paid the SOT is exempt from payment of the making tax and transfers of registered firearms between SOTs are exempt from the transfer tax.

The manufacture and sale of NFA Firearms has seen exponential growth

over the past five years, especially with respect to silencers and short barreled rifles. Many current FFL license holders have decided to also become dealers or manufacturers of NFA firearms, by paying the special occupational tax. But dealing or manufacturing NFA firearms is more than just paying the tax. There are an array of new forms which must be filed and compliance issues arise. Kutak Rock LLP has experience representing NFA dealers, manufacturers and collectors and guides our clients through the various compliance issues and questions.

Kutak Rock has experience in advising our firearms clients in compliance issues related to FAET and in assisting them in the accurate determination of the tax liability under FAET. We also have experience with dealing with the TTB on audits, disputes (including Tax Court) and Offers in Compromise related to FAET liability.

Firearms and Ammunition Excise Tax

Section 4181 of the Internal Revenue Code imposes taxes on the sale or use of firearms and ammunition by the manufacturer, producer or importer of the article. Tax is imposed on the sale or use at the rates of 10% on pistols and revolvers and 11% on firearms (other than pistols and revolvers) and shells and cartridges.

The laws and regulations regarding Firearms and Ammunition Excise Tax (“FAET”) are in addition to, and not a substitute for, any other provisions of laws and regulations. You must comply with other federal laws and regulations governing the manufacture and importation of firearms and ammunition (such as the Gun Control Act, the National Firearms Act and the Arms Export Control Act). You must also comply with all state and local laws and regulations.

• FAET is one of the manufacturers excise taxes imposed under Chapter 32 of the Internal Revenue Code (IRC).

• The tax is imposed on the manufacture, production, importation and sale of firearms, shells or cartridges.

• FAET was first imposed in 1919.

• The Pitmann-Robertson Act of 1937 mandated that all revenue from FAET and related excise taxes be earmarked for hunting related

activities. The United States Fish and Wildlife Commission places revenue that is collected in a trust fund that is administered on behalf of the states.

• The Internal Revenue Service administered FAET until 1/1/91. The Bureau of Alcohol, Tobacco and Firearms administered the tax from 1/1/91 until 1/23/03. As part of the

Homeland Security Law of 2002, administration of the tax was transferred to the Alcohol and Tobacco Tax and Trade Bureau (TTB) on 1/23/03.

In additional to the wide range of regulations that manufacturers of firearms and ammunition must comply with, many outsiders are unaware that manufacturers in the firearms industry are also subject to an additional excise tax. Since 1919, some form of excise tax has been imposed on manufacturers in the firearms industry. It is imposed at the rate of 10% for the manufacture or importation of pistols

and revolvers and 11% on all other firearms, cartridges and ammunition, including the respective components as these move through the manufacturing process.

There is somewhat of an art to accurately determining the basis of the article upon which the tax is imposed. For example, taxpayers are not liable

for FAET on the manufacture, importation and sale of spare parts and accessories for taxable articles when sold separately or together with a complete firearm. Also, items that would ordinarily be attached to a firearm during use and, in the ordinary course of trade, are packaged with the firearm at the time of sale by the manufacturer or importer are not subject to taxation. In the case of ammunition manufacturers, the reloading of used casings or shells is an act of manufacture that subjects the reloader to FAET liability upon the sale or taxable use of the shell or cartridge. However, the reloader is not subject to

Firearms and Ammunition Excise Tax cont.

FAET if he reloads casings or shells provided by a customer and returns the identical reloaded casings and shells back to the customer. There are also a number of issues associated with the tax basis of the article itself (the “Taxable Sales Price”). For example, items that are not included in calculating the taxable sale price of a taxable article are any portion of the FAET already paid by the manufacturer, importer or producer, transportation, delivery, insurance, or installation costs, local advertising expenses, and the cost of credit.

Kutak Rock’s lawyers have experience in advising its firearms clients in compliance issues related to FAET and in assisting them in the accurate determination of the tax liability under FAET. The firm also has experience with dealing with the TTB on audits, disputes (including Tax Court) and Offers in Compromise related to FAET liability.

Lawyers in the Kutak Rock Firearms Industry Practice Group have extensive experience litigating technologies that are highly relevant to the firearms industry, including patents relating to mechanical devices, manufacturing processes, and computer hardware, software and electronics.

Patents and Intellectual Property

As the firearms industry expands, so are the intellectual property disputes involving everything from charging handles to holsters. Lawyers in the Kutak Rock Firearms Industry Practice Group have extensive experience litigating technologies that are highly relevant to the firearms industry, including patents relating to mechanical devices, manufacturing processes, and computer hardware, software and electronics.

• We represent clients in complex patent litigation and appeals as well as disputes that involve trademarks, copyrights and trade secrets

• We have created and prosecuted patents for firearms, bullet designs, reloading dies and equipment, holsters and various firearms accessories

• We advise clients of all sizes in the selection, clearance, registration, maintenance and protection of trademarks and service marks

• We have trademark lawyers who are avid sportsmen and know the world of firearms marketing

• We also assist clients in policing existing marks to identify potential claims of infringement and provide advice regarding available enforcement options

As intellectual property becomes increasingly important for firearms-related companies to utilize to distinguish themselves from their competitors, our firearms intellectual property experience allows us to fiercely protect our clients’ assets.

Our merger and acquisition team consists of more than 70 lawyers who work closely with clients to identify and refine their business, tax, financial and strategic objectives.

Corporate Finance

Whether it is bringing in new capital or new partners, financing or refinancing your business, or buying or selling your business, there are specific nuances associated with these transactions for businesses involved in the firearms industry. Early recognition, structuring and planning for these distinctions can make your transaction more effective and less costly.

Our attorneys negotiate, structure and close numerous financing opportunities each year in addition to assisting clients with mergers and acquisitions. Our merger and acquisition team consists of more than 70 lawyers who work closely with clients to identify and refine their business, tax, financial and strategic objectives.

While our merger and acquisition representations span from Fortune 100 companies to closely held businesses, we have developed a significant niche practice in middle-market acquisitions, especially those with an enterprise value of $50-$750 million.

We have been involved with numerous engagements within the firearms industry:

• asset sales

• corporate governance and fiduciary duty advice

• exchange offers

• divestitures

• going-private transactions

• hostile takeovers

• international and cross-border

• joint ventures

• leveraged buyouts

• mergers

• private equity

• recapitalizations

• rollups

• spin-offs and split-offs

• stock sales

• tender offers

Corporate Compliance

Despite a firearms company’s best intentions and efforts, it can run afoul of state or federal regulations. Knowing this, Kutak Rock lawyers regularly advise clients in the design, implementation and operation of compliance programs, including those voluntarily created by the client or trade group and those mandated by state and federal regulators.

In advising firearms licensees on compliance issues, we utilize the expertise of both experienced corporate lawyers and litigators who regularly defend clients under regulatory scrutiny and conduct sophisticated internal investigations of alleged wrongdoing within the client’s organizations.

Our lawyers regularly advise clients on difficult questions relating to the voluntary disclosure of suspected

violations and have deep experience in negotiating resolution of matters disclosed to state and federal regulators.

Our representation of firearms licensees in compliance and governmental disputes matters runs the spectrum. We…

• offer prelitigation advice on compliance and risk management programs

• advise clients on how to address illegal acts discovered by the licensee

• defend clients in grand jury investigations and agency investigations

• represent clients in litigation of parallel civil, criminal and administrative prosecutions, and to negotiating global resolution of multifaceted prosecutions

Using this cross-disciplinary approach, Kutak Rock offers clients not only proactive advice on optimal compliance strategies, but also an experienced defense team when, despite the licensee’s compliance efforts, a federal, civil, criminal or administrative investigation begins.

We are constantly monitoring new statutes so as to advise directors, officers and key personnel on the evolving liability issues facing the firearms industry. The overriding strategy behind Kutak Rock’s governance representation is to assist our clients with the identification of their key fiduciary responsibilities and then help them organize their efforts to meet those responsibilities in compliance with all applicable law and best practices.

A significant benefit of this strategy is that we are able to assist governance leaders in establishing an evidentiary trail so they can effectively demonstrate compliance with their fiduciary responsibilities in the event of future investigations or trials.

Bankruptcy and Restructuring

Kutak Rock’s Firearms Industry Practice Group includes bankruptcy, restructuring and creditors’ rights services that can assist with the acquisition of distressed companies, restructuring debts owed by your company, restructuring debts owed by your customers or suppliers and handling matters related to all aspects of a bankruptcy filing. Our attorneys have completed hundreds of engagements in virtually every state in the United States representing a wide range of clients including national, regional and local businesses, creditors and borrowers. The depth and experience of the group provides both litigation and transactional experience, making the group extraordinarily well-positioned to deliver an efficient resolution of complex legal issues.

Whether in or out of court, we understand our clients’ common interest in producing a cost-effective path to a workout or restructuring that will maximize the remaining value of an asset or reduce potential losses to your company. That path may involve forbearance agreements, loan restructuring, negotiated workout, foreclosure, litigation or a bankruptcy filing. We focus on providing creative and effective strategies to ensure our clients obtain the best possible results in the fulfillment of their objectives.

Complex transactions can be cost-prohibitive, so we approach each assignment with the goal of obtaining consensual resolutions outside of the courtroom in line with business interests. The firm has represented parties in various post-closing matters such as complex restructurings of numerous transactions, including drafting and negotiating documents to cross-collateralize related transactions, changing credit support or default provisions, rearranging cash flows and transferring financial servicing. We also represent parties in connection with amendments to transaction documents and obtaining various types of consents and waivers.

Our attorneys also have experience in state, federal and bankruptcy courts throughout the United States. When a negotiated settlement is not in the client’s best interest, we have the capability, experience and resolve to serve as zealous advocates before the court. Our experience indicates that recoveries likely will be maximized by a proactive approach.

As a testament to the skill and reputation of the capabilities of Kutak Rock’s attorneys, The American Lawyer’s survey of 400 corporate counsel has recognized us for our bankruptcy and creditors’ rights practice.

The bankruptcy, restructuring and creditors’ rights services we can provide our clients in the firearms industry include:

• Representing, debtors, creditors, creditors’ committees and trustees in all aspects of bankruptcy cases;

• Assessment and creation of strategies involving the financing, acquisition, leasing, development, operation or management of distressed assets or debt;

• Evaluation of contractual rights and remedies in creating workout and settlement alternatives;

• Structuring and negotiating forbearance agreements, amendments to financial documents, discounted payoffs, forgiveness or deferral of debt, restructurings, out-of-court workouts and deeds in lieu of foreclosure;

• Recovery of indebtedness from customers and suppliers;

• Filing and processing of real property receiverships, real property foreclosures and personal property UCC foreclosures;

• Prosecution or defense of lender liability and fiduciary duty claims; and

• Handling all aspects of bankruptcy matters, including:

Bankruptcy and Restructuring cont.

• Bankruptcy filings by customers or suppliers;

• Filing proof of claims to evidence debt owed by customers or suppliers;

• Adversary proceedings and contested matters;

• Pursuing adequate protection payments;

• Obtaining relief from the automatic stay;

• Segregating cash collateral; and

• Representation of creditor’s committees and individual members of such committees.

Because of Kutak Rock’s knowledge of the firearms industry as well as commercial finance, we can effectively advocate for your company in structuring and negotiating financing transactions with a variety of financial institutions.

Financing

Kutak Rock has unique capabilities to handle financing transactions for clients in the firearms industry. Because of Kutak Rock’s knowledge of the firearms industry as well as commercial finance, we can effectively advocate for your company in structuring and negotiating financing transactions with a variety of financial institutions.

Financial arrangements with companies in the firearms industry require more planning and regulatory considerations than in a typical financing. The Gun Control Act and the Commerce in Firearms and Ammunition regulations restrict the sale and transfer of firearms and ammunition and care and these restrictions must be considered when structuring an asset-backed loan. In particular, in revolving credit facilities, some inventory is subject to restrictions under federal and state laws, while other inventory is not.

Kutak Rock’s expertise in the firearms industry enables us to effectively work with financial institutions in understanding and being comfortable with any perceived risk due to such regulations. The firm’s experience in all types of commercial financings gives us the ability to advocate for its firearms clients and structure provisions that enable such clients to continue to operate their businesses under the financing terms.

We represent borrowers, banks, financial institutions, credit enhancers, arrangers and agents in numerous types and sizes of…

• syndicated credit facilities, including cash flow and ABL facilities

• secured and unsecured loans, including receivables and inventory financing

• subordinated and mezzanine financings

• high-yield debt products

• securitizations and other structured financings

• project financings

• real estate and equipment leasing

• convertible instruments

• derivative products

Our firm’s commercial and structured finance practice integrates our front-end structuring, negotiation and documentation practice with our back-end workouts, restructuring and bankruptcy practice.

Kutak Rock’s deep experience in handling commercial and structured finance transactions is complemented by our prominent and nationally recognized bankruptcy and restructuring practice.

Kutak Rock lawyers have advised hundreds of local and national clients in franchise, licensing and distribution matters. These clients turn to our team of franchising and distribution lawyers in all phases of their growth and operations. Our lawyers work together in integrated, national teams to support one another in achieving each client’s objectives.

Sales, Distribution and Dealer Agreements

Examples of services our lawyers have provided to franchise and distribution clients include…

• structuring franchise, distribution and licensing programs

• advising clients on whether a business arrangement constitutes a franchise, dealership or other agency relationship which results in the application of special laws, both domestically and internationally

• counseling clients on registration, renewals, sales compliance, relationship laws and business opportunity laws

• protecting brands, including trademark and service mark registration and enforcement

• protecting and enforcing other intellectual property, including copyright, patent, trade secrets, domain names and trade dress

• enforcing noncompete provisions in franchise and distribution agreements

• and identifying and minimizing state and local tax issues

Kutak Rock’s lawyers have an understanding of the science and engineering principles involved in firearms manufacture, and we employ state-of-the-art technology to demonstrate our theory of the case to the jury.

Products Liability Litigation

In firearms products liability actions, all parties in the firearm and ammunition chain of distribution are potentially liable, including manufacturers, producers of component parts, importers, distributors, franchisers and retailers.

Kutak Rock recognizes the substantial risk of litigation exposure facing entities engaged in the chain of firearms distribution. We have a highly experienced team of nationally recognized products liability litigators. We represent large and small companies in countless products liability actions, including high-exposure and catastrophic injury cases, and we are well suited to defend firearms products liability claims.

Kutak Rock’s lawyers have an understanding of the science and engineering principles involved in firearms manufacture, and we employ state-of-the-art technology to demonstrate our theory of the case to the jury. We also work extensively with our network of top experts to educate and persuade the jury.

Our team consists of expert litigators with extensive experience in wrongful death, personal injury and breach of warranty cases, and we are knowledgeable in the area of defective firearms design claims. Our litigators are familiar with defenses especially applicable to firearms products liability

actions, including misuse, assumption of risk, contributory and comparative negligence, defective firearms conditions not attributable to entities in the chain of firearms distribution, and various state statutes of limitations and repose.

We also are familiar with various risk/utility tests employed in multiple jurisdictions for defective firearms manufacture claims.

Our litigators have familiarity with asserting the defense of the Protection of Lawful Commerce in Arms Act, 15 U.S.C. § 7901 et seq. (the “Act”) to protect firearms and ammunition manufacturers and parties in the chain

of distribution from vexatious litigation arising from claims based on the criminal or unlawful use of firearms products. In appropriate cases, though a firearm or ammunition may have caused an injury, the Act may insulate manufacturers and others in the chain of distribution from the unlawful acts

of third parties. Our litigators can vigorously assert the Act on a dispositive motion basis, which can reduce exposure and achieve cost-effective results.

Our firearms attorneys understand the business of risk to effectively help you protect your company.

Insurance and Risk Management

Risk, and the transfer and management of it, are fundamental aspects of your business. Insurance is one mechanism to manage and transfer risk, along with vendor agreements, indemnity clauses and other actions.

There are a number of questions that every business needs to answer in order to mitigate risk:

• Does your insurance actually provide the coverage you think it provides? Is it what you need?

• Does your business partner have an enforceable legal obligation to protect you?

• Perhaps more importantly, if your business partner is willing but unable to protect you, does your business partner have appropriate insurance and other protection in place?

• How valuable is that protection if your business partner is in bankruptcy?

• Does your own insurance afford appropriate coverage?

• If you choose to litigate, have you identified and made every reasonable and sincere effort to resolve the issues?

• Do you understand the future consequences of this problem and its potential solutions, and have you accounted for the bias of those involved in the process?

In short, retrospective risk management is about reconnaissance and intelligence. Not every problem and dispute is solvable without the often tragically large costs and uncertain exposure of litigation and trial. But with complete preparation and full consideration, most risks can be resolved efficiently and cost-effectively.

Education J.D., Creighton University School

of Law, 1982 University of Washington, Pacific

Coast Graduate School of Banking, 1994

B.A., Creighton University, 1979

Bar Admissions Nebraska, 1982

Court Admissions U.S. Tax Court

Related Practices

Firearms Industry Corporate Finance Corporate Compliance ITAR-Import and Export Licensing and Regulatory

Compliance Sales, Distribution and Dealer

Agreements

Joseph O. Kavan Partner

E: Joseph.Kavan@KutakRock.com D: 402-231-8808 T: 402-346-6000

Omaha

Mr. Kavan is a senior partner in the firm's Omaha office and the founder and chair of the firm’s National Firearms Practice Group. Mr. Kavan has a deep expertise in the understanding, analysis and application of the statutes, rules, regulations and interpretations of the National Firearms Act, the Gun Control Act of 1968, the Arms Export Control Act, the International Trafficking in Arms Regulations (ITAR), the National Instant Criminal Background Check System (NICS) Regulations and state laws and local ordinances related to firearms dealers, gunsmiths, manufacturers of firearms and ammunitions and firearms importer and exporters. Mr. Kavan represents entities involved in the firearms industry in their licensure, regulation, structure, organization, financing and ongoing compliance. As the Chairman of the firm’s National Firearms Practice Group, Mr. Kavan represents:

• Domestic and international firearms manufacturers,

• Ammunition manufacturers,

• Firearms dealers,

• Firearms importers and exporters and

• Banks and other financial entities providing financing to the firearms industry.

Mr. Kavan regularly interacts with state and federal regulators including the BATFE, U.S. State Department, U.S. Department of Commerce as well as the offices of various states' attorneys general and local enforcement authorities. Mr. Kavan is well versed in firearms regulation and licensure as well as acquisition, disposition and financing of entities involved in the firearms industry and regularly advises and assists entities and individuals involved in structuring and financing transactions in the firearms industry as well as advising clients in the firearms industry with respect to federal, state and local laws and regulations related to firearms. Mr. Kavan’s representative matters, including:

• Representing FFL Dealers with respect to ATF Inspections.

• Assisting an ammunition manufacturer in the acquisition of a firearms manufacturer.

Joseph O. Kavan Biography cont.

• Representing an ammunition manufacturer in the private placement of securities.

• Providing counsel to a firearms manufacturer in the sale of equity to a publicly held manufacturer.

• Providing counsel to a firearms manufacturer in a dispute about state importation regulations.

• Representing a firearms manufacturer in an international trafficking in arms regulation dispute with the Department of State.

• Providing counsel to a firearms manufacturer in a merger with an ammunition manufacturer.

• Representing a firearms dealer before ATF regarding license revocation.

• Assisting a financial institution in a debt financing to an ammunition manufacturer.

Mr. Kavan is a National Rifle Association Certified Instructor, a Nebraska Game and Parks Commission Hunter Safety Firearms Instructor and a Nebraska State Patrol Certified Concealed Carry Instructor. He is a lifelong hunter and competitive target shooter.

Education J.D., University of Iowa College of

Law, 2004, with High Distinction

B.S., University of Nebraska, 2001, Chemical Engineering

Bar Admissions Nebraska, 2007 Wisconsin, 2004

Court Admissions U.S. Patent and Trademark Office U.S. District Court for the Eastern

District of Wisconsin Supreme Court of Nebraska Supreme Court of Wisconsin

Related Practices Firearms Industry Patents and Intellectual Property

Sean P. Connolly Of Counsel

E: Sean.Connolly@KutakRock.com D: 402-231-8877 T: 402-346-6000

Omaha

Mr. Connolly is of counsel in our Omaha office. He is a registered patent attorney with over 10 years of experience in intellectual property law including patents, trademarks, and trade secrets. He represents clients throughout the patent and trademark prosecution processes including appeals and post-grant proceedings. He has worked with a variety of clients from established Fortune 100 companies to newly founded startups to identify and protect valuable intellectual property within their companies and evaluate new innovations as they are developed. He has worked with firearms and sporting technologies including reloading equipment, ammunition components, firearm designs and a variety of firearm accessories.

In addition to patent and trademark prosecution, Mr. Connolly also provides freedom to operate, non-infringement, and invalidity opinions; he drafts and negotiates agreements related to intellectual property including licenses, asset purchases and nondisclosure agreements. He has successfully used his experience with firearms and firearm accessories to assist clients in designing around existing patent claims to avoid infringement risks.

Mr. Connolly is an avid hunter, shooter and reloader. He is a founding member of the firm’s National Firearms Practice group and provides intellectual property counsel to manufacturers of firearms, firearm accessories and other outdoor equipment.

Education J.D., University of South Dakota

School of Law,1989, with Honors

M.B.A., University of South Dakota, 1982, Finance

B.S.B.A., University of South Dakota, 1981

Bar Admissions Nebraska, 2005

South Dakota, 2004 Colorado, 1989

Related Practices

Firearms Industry Corporate Compliance Licensing and Regulatory

Compliance

Kevin E. Burr Partner

E: Kevin.Burr@KutakRock.com D: 402-231-8829 T: 402-346-6000

Omaha

Mr. Burr is a senior partner in the firm's Omaha office and a member of its National Firearms Practice Group. Within the Group, Mr. Burr focuses his practice on all regulatory schemes for firearms and ammunition licensing, manufacture and distribution. He assists clients with the analysis and application of the statutes, rules, regulations and interpretations of the National Firearms Act, the Gun Control Act of 1968, the National Instant Criminal Background Check System (NICS) as well as state laws and local ordinances related to firearms and ammunition distribution. Mr. Burr constantly monitors legal developments on a state-by-state basis to adapt the firm’s practice to respond to changes in firearms laws and the political environment. He works closely with other firm practice groups, such as the Real Estate, Government Regulatory and Environmental practice groups, so that clients may benefit in addressing their regulatory issues from this broad base of knowledge and experience with entities like the DOJ, EPA and IRS. Mr. Burr is well-versed in retail firearms distribution, regulation and licensure and regularly advises retail clients with respect to federal, state and local laws and regulations.

Mr. Burr’s representative matters include:

• Representing retail firearms distributors with license applications and disclosures.

• Representing retail licensed firearms dealers with respect to BATFE investigations.

• Developing compliance and safety corrective action plans, policies and procedures for firearms and ammunition manufacturers.

• Providing legal opinions to a client related to its acquisition of antique and modern firearm collections.

• Assisting a firearms manufacturer with the successful resolution of a value-added tax dispute.

• Representing a firearms manufacturer with the acquisition and development of assets (intellectual property/firearm design) from a bankrupt competitor.

• Counseling a client seeking the return of a stolen/seized firearm.

• Regularly representing individual clients with firearm possession, transfer and gun trust issues.

Kevin E. Burr Biography cont.

Before attending law school, Mr. Burr was a budget analyst and finance officer for the South Dakota Department of Charities and Corrections for its State Penitentiary operations, for a time serving as an interim warden of the Springfield Correctional Facility. At age 16 Mr. Burr was qualified as a Sharpshooter with his hometown National Guard/NRA-sponsored rifle team and is a Life Member of the National Rifle Association. He is a lifelong hunter and advocate for the shooting sports.

Education J.D., University of Virginia School

of Law, 1984 Bar Admissions Nebraska, 1984

District of Columbia, 1985

Court Admissions

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Supreme Court

Related Practices

Litigation Firearms Industry International Trade Intellectual Property Litigation Environmental Litigation

Bartholomew L. McLeay Of Counsel

E: Bart.McLeay@KutakRock.com D: 402-231-8775 T: 402-346-6000

Omaha

Mr. McLeay is member of the Litigation Department and has broad trial and litigation management experience. He served as Litigation Department Chair for over seven years, responsible for managing attorneys and section leaders in multiple litigation groups across the firm and for coordinating the firm’s national litigation practice of approximately 140 attorneys. His practice over nearly three decades has focused on major commercial litigation in multiple industries.

Mr. McLeay has been involved in numerous bench and jury trials including lead trial counsel: in a three-week jury trial resulting in a favorable $23 .7 million judgment for a large financial institution; two-week jury trial resulting in defense verdict on $10 million conversion and intellectual property counterclaim; three-week trial resulting in $3.2 million judgment in complex energy- public finance case; two-week jury trial resulting in approximately $2 million judgment (jury verdict plus fees) in a trademark dispute; $7 million successful arbitration defense in fraud case involving financial institution; six week jury trial involving defective goods purchased from China resulting in nearly $1.2 million jury verdict; one-week jury trial resulting in approximately $1.6 million jury verdict for client in consumer protection act and unjust enrichment case; one week trial in state court for international bank successfully enforcing $7.5 million letter of credit; and one week trial resulting in court’s enforcement of a $2.1 million prepayment clause in a commercial real estate matter.

Mr. McLeay also brought a successful action on behalf of a firm client against federal government agencies for violation of the Administrative Procedures Act in connection with designating boundaries of the Niobrara National Scenic River. Mr. McLeay also served as Special Assistant Attorney General for the State of Nebraska in an original jurisdiction case in the United States Supreme Court involving a multimillion-dollar water compact dispute with two other States relating to the Republican River.

Mr. McLeay was a Republican candidate for U.S. Senate in 2014 and received an NRA –PVF grade of AQ (given to a pro-gun candidate based on answers to NRA-PVF Candidate Questionnaire). Mr. McLeay has published an op-ed in support of gun owners, The Des Moines Register, "Another View: Grassley has power to reach gun law deal” (April 30, 2013). Mr. McLeay became an occasional hunter late in life and is a current member of the National Rifle Association.

Education J.D., Cornell University Law

School, 1996, cum laude; Managing Editor, Cornell International Law Journal

B.S., United States Military Academy at West Point,1989

Bar Admissions

Nebraska, 1996

Court Admissions

Nebraska Supreme Court U.S. District Court for the District

of Nebraska U.S. Court of Appeals for the

Ninth Circuit U.S. District Court for the District

of Colorado

Related Practices

Firearms Industry Insurance and Risk Management

Kevin D. Hartzell Partner

E: Kevin.Hartzell@KutakRock.com D: 402-231-8791 T: 402-346-6000

Omaha

Mr. Hartzell devotes his national practice to all facets of insurance coverage, contractual indemnity, risk analysis and the resolution of complex claims. He has particular experience with products liability, construction, professional, environmental, large property and business losses, additional insurance, excess insurance, contractual indemnity, and issues arising with respect to risk retention groups, as well as insurance and indemnity issues unique to the supply, distribution and sales of products in national and international retail environments.

Mr. Hartzell is a native of Nebraska. He was an officer in the United States Army, has worked as a mechanical engineer, and was VP Claims and General Counsel for a Berkshire Hathaway Insurance group for more than four years.

Education J.D., Creighton University School of

Law, 1985 B.S., United States Military

Academy at West Point, 1977

Bar Admissions Nebraska, 1985

Related Practices

Business and Corporate Firearms Industry Corporate Finance Corporate Compliance Asset Securitization Mergers and Acquisitions Corporate and Capital Transactions

Mark A. Ellis Partner

E: Mark.Ellis@KutakRock.com D: 402-231-8744 T: 402-346-6000

Omaha

Mr. Ellis’ practice focuses on mergers and acquisitions, complex commercial agreements, private and public offerings of debt and equity securities, federal securities law matters, complex commercial agreements, corporate governance and general corporate matters. His experience in mergers and acquisitions includes the representation of numerous public and private companies on both the buy and sell side in asset purchases, mergers and stock purchases. Mr. Ellis has served as counsel to issuers, underwriters, private placement agents and trustees in numerous securities offerings. In his areas of practice, Mr. Ellis has represented private and public companies, from start-ups to Fortune 500 companies, in various industries, including firearms, insurance, banking, other financial services, manufacturing, data and marketing services, telecommunications, technology, retailing, energy, utilities, real estate and transportation.

Mark is a member of the firm’s National Firearms Practice Group. He has represented an ammunition manufacturer in the acquisition of other ammunition manufacturers, in its commercial contracts, in corporate governance matters and in general corporate matters. Mark is a graduate of West Point, served over 24 years on Active Duty and in the US Army Reserves in Field Artillery, Military Intelligence and the Judge Advocate General’s Corp and retired as a Colonel. Mark has been a hunter and shooter since childhood and is a member of several gun clubs. He has fired almost every weapon in the Army’s inventory from a Colt .45 to an 8 inch howitzer.

Education J.D., University of Richmond, T.C.

Williams School of Law, 1987, University of Richmond Law Review

B.S., James Madison University, 1984, Political Science

Bar Admissions Virginia, 1987

Related Practices

Firearms Industry Bankruptcy and Restructuring

Michael A. Condyles Partner

E: Michael.Condyles@KutakRock.com D: 804-343-5227 T: 804-644-1700

Richmond

Michael A. Condyles, the managing partner of the firm’s Richmond office, has concentrated his practice for more than 25 years in bankruptcy, creditors’ rights and commercial litigation. Mr. Condyles represents creditors, debtors, creditors’ committees and trustees in all aspects of bankruptcy cases, including asset recovery, workout procedures, bankruptcy litigation and commercial litigation before state and federal courts. His practice includes out-of-court workouts and debt recovery litigation on behalf of creditors and debtors. Recent engagements include the representation of Patriot Coal Corporation and its subsidiaries, a leading producer and marketer of coal in the United States, in their chapter 11 bankruptcy cases and the representation of Movie Gallery, Inc. and its subsidiaries, the second largest North American home entertainment specialty retailer, in their chapter 11bankruptcy cases.

Mr. Condyles is a frequent lecturer and author on topics involving bankruptcy and creditor’s rights law and is a past Chair and a former member of the Board of Governors and Executive Committee of the Bankruptcy Section of the Virginia State Bar and Past Chair and former member of the Executive Committee of the Bankruptcy Section of the Richmond Bar Association; is listed in The Best Lawyers in America®; has been recognized by Best Lawyers® as Lawyer of the Year; and has achieved Martindale-Hubbell’s highest rating for legal ability and ethical standards. Mr. Condyles also has been appointed by the U.S. District Court, Eastern District of Virginia as a Special Master. He received his law degree from The T.C. Williams School of Law at the University of Richmond, where he was a Member of the University of Richmond Law Review, and his B.S. in Political Science from James Madison University. After law school, he clerked for the Honorable Blackwell N. Shelley, U.S. Bankruptcy Judge for the Eastern District of Virginia.

Education J.D., University of Missouri, Kansas

City School of Law, 2000, Staff, UMKC Law Review and The Urban Lawyer

M.B.A., University of Missouri, Kansas City, 2000, with Honors

B.A., University of Wisconsin, Madison, 1989, Zoology

Bar Admissions Missouri, 2000 Kansas, 2001 Iowa, 2007

Court Admissions U.S. District Court for the Eastern

District of Missouri U.S. District Court for the Western

District of Missouri U.S. District Court for the District

of Kansas U.S. District Court for the Central

District of Illinois U.S. District Court for the Northern

District of Illinois U.S. District Court for the Southern

District of Illinois U.S. Court of Appeals for the

Eighth Circuit U.S. Court of Appeals for the Tenth

Circuit U.S. Supreme Court

Related Practices

Firearms Industry Bankruptcy and Restructuring Products Liability Litigation

Michael E. Brown Partner

E: Michael.Brown@KutakRock.com D: 816-502-4643 T: 816-960-0090

Kansas City

Mr. Brown is a partner in Kutak Rock’s Kansas City office and has long been interested in shooting sports and has held a Type 54 federal explosives license/permit for many years and is familiar with federal explosives law and regulations and BATFE rulings. He is a member of our litigation department maintaining a diverse commercial litigation practice representing, community, state and national banks; shopping mall and lifestyle center owners; national pharmacy retailers; IT consultants; automobile manufacturers and more.

Mr. Brown’s practice includes multi-state practice as he is licensed in Missouri, Kansas and Iowa as well as a national practice in federal district and bankruptcy courts. Over his career, he has represented clients in such diverse subject matters as bankruptcy and creditor’s rights, loan enforcement, property recovery, foreclosure, mechanics’ liens, wrongful death, medical malpractice, products liability, premise liability, privacy torts, personal injury, consumer protection and more. He has served as national dealer bankruptcy counsel to Chrysler for many years.

Education J.D., University of Michigan Law

School, 1992 B.S., University of Wyoming, 1986,

with Honors

Bar Admissions Nebraska, 1993 New York, 1993

Related Practices

Business and Corporate Firearms Industry Corporate Finance

Robin E. Clark Partner

E: Robin.Clark@KutakRock.com D: 402-231-8916 T: 402-346-6000

Omaha

Ms. Clark, a partner in Kutak Rock’s Omaha office, represents various commercial lenders and borrowers in credit facilities, asset-backed financings and structured financings. Her practice includes revolving and term loan credit facilities, taxable and tax-exempt real estate loans, taxable and tax-exempt equipment leases and loans, project finance and syndications of a variety of loan and lease transactions and vendor finance programs. The collateral for such financings have included manufacturing facilities, ethanol plants, restaurants, convenience and gas stores, aircraft, medical equipment and receivables.

Ms. Clark also has significant experience representing credit enhancers in equipment lease securitizations, mortgage loan securitizations, automobile loan and lease securitizations, credit card securitizations and home equity loan securitizations. She has represented various institutions in connection with postclosing and workout matters in connection with asset-backed financings and securitizations.

Education J.D., University of Richmond, T.C.

Williams School of Law, 1966 Charlottesville, Virginia, Judge

Advocate Graduate Course – Certified by ABA as LL.M. Equivalent

B.A., University of Richmond, 1963

Bar Admissions District of Columbia, 1991 Virginia, 1996

Court Admissions

U.S. Supreme Court U.S. Court of Appeals for the

Armed Forces U.S. Courts of Appeals for the

Federal, First, Third and Seventh Circuits

U.S. Court of Federal Claims

Related Practices Firearms Industry Environmental Law Federal Environmental Challenges Governmental Agency Defense

Barry P. Steinberg Partner

E: Barry.Steinberg@KutakRock.com D: 202-828-2316 T: 202-828-2400

Washington, D.C.

Barry Steinberg is a retired Army colonel who served at senior legal positions overseas and in the Pentagon. For his last 3 years on active duty, he served as the chief of the Army’s Litigation Division and then as the Army’s first chief of the Environmental Law Division, personally briefing the creation of that Division to the Secretary Of The Army. He was lead agency counsel in litigation at Rocky Mountain Arsenal, Colorado involving contamination of the local aquifer that resulted from Army activities and those of its tenant, Shell Oil Company.

Before and after his retirement from active duty, he has been involved in representation of municipalities and corporate entities with respect to contamination emanating from the manufacture and use of weapons, explosives, ammunition and targets. The contaminants include TNT and its variations, lead projectiles, PAH contaminated skeets, RDX, nitroguanidine, depleted uranium and black powder. Many of these issues arose at current or former government owned, contractor operated facilities, where the contractor has contingent liability as an operator. Such remediation liability, under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), is without fault and frequently excluded from comprehensive general liability insurance coverage.

His practice includes negotiation of pollution legal liability insurance policies; representation of responsible parties in litigation and settlement with EPA, DOJ, and private parties; and negotiation with state environmental regulatory agencies related to the remediation of former military installations. In that regard, he frequently addresses issues associated with the historical use of munitions, the remnants of which may remain on the installation.

Education J.D., Creighton University School

of Law, Law Review, 1984 B.A., Creighton University, 1980 Bar Admissions Nebraska, 1984 New Hampshire, 2005 Arkansas, 2007 Iowa, 2014

Court Admissions

U.S. District Court for the District of Nebraska

U.S. District Court for the District of New Hampshire

U.S. District Court for the District of Arkansas

U.S. Court of Appeals, Eighth Circuit

Related Practices

Litigation Firearms Industry Insurance and Risk Management

Insurance and Indemnity Products Liability Litigation

Robert M. Slovek Partner

E: Robert.Slovek@KutakRock.com D: 402-231-8801 T: 402-346-6000

Omaha

Mr. Slovek, who joined Kutak Rock in 1994, has appeared in numerous jurisdictions in complex litigation involving products liability, toxic torts and professional negligence. Additionally, he has experience handling mass tort litigation, specifically cases involving pharmaceuticals that are pending in multidistrict litigation. He has recently defended a “cancer cluster” case related to benzene exposure in an industrial setting.

Mr. Slovek has experience managing and overseeing cases in nearly all 50 states. He served as Regional Counsel for one of the largest clinical laboratories in the United States, defending professional negligence claims, an engagement that continued for more than a decade and involved 100-plus cases. For more than 25 years he has continuously defended medical professionals against claims of malpractice in multiple jurisdictions. In addition, he has served as “first chair” trial counsel in complex litigation involving forensic engineering following an explosion at a large manufacturing facility that caused multiple injuries, resulting in two deaths and millions of dollars in property damage. For more than 25 years Mr. Slovek has handled a wide variety of products claims, from the routine to the complex.

Mr. Slovek has been recognized by his peers as an “AV” lawyer, “Super Lawyer,” “Preeminent” lawyer, “Best Lawyer” and one of Omaha’s “Top Lawyers,” in addition to recognition in Chambers USA as among Nebraska’s Leading Lawyers for Business. He was nominated a Nebraska State Bar Association Foundation Fellow and was awarded the Nebraska State Bar Foundation “Shining Light” Award for legal scholarship. In 2011 he was identified by Benchmark Litigation as a preeminent litigation partner.

Mr. Slovek authored “Legislative Prayer and the Establishment Clause: An Exception to the Traditional Analysis,” 17 Creighton L. Rev. 157 (1984). With The Honorable John T. Grant, he also authored Nebraska: Appellate Practice and Procedure, published by Lawyers Cooperative Publishing in 1995. In addition, he wrote the Nebraska section of The State of the Art Defense in Product Liability Cases: A Fifty-State Survey, published by the American Bar Association Section of Litigation in 1995 and 2003.

Education J.D., Emory University School of

Law, 2004

B.S., Georgia State University, 2001, Computer Science

Bar Admissions Georgia, 2004 Nebraska, 2012

Court Admissions U.S. District Court for the

Northern District of Georgia Georgia Court of Appeals Georgia Supreme Court U.S. District Court for the Eastern

District of Texas U.S. Patent and Trademark Office U.S. District Court for the District

of Colorado

U.S. Court of Appeals for the Federal Circuit

Related Practices Firearms Industry Patents and Intellectual Property

Jason S. Jackson Partner

E: Jason.Jackson@KutakRock.com D: 402-231-8359 T: 402-346-6000

Omaha

Mr. Jackson is a partner in Kutak Rock’s Omaha office and has a life-long interest in shooting sports and firearms technology. As a registered patent attorney, he practices in all areas of intellectual property, with an emphasis on patent litigation. By way of example, he has litigated patents involving spread-spectrum transceivers, hard drive controllers, Ethernet controllers, mesh networking, distributed database technology, digital image processing, and encryption. He also has engaged in offensive and defensive patent portfolio analysis, non-infringement and invalidity opinions, patent design-arounds and product development.

Mr. Jackson is an active participant in shooting sports as well as a designer of firearms-related technology. More specifically, Mr. Jackson holds several U.S. patents and pending patent applications relating to various aspects of firearms technology, including three U.S. patents for an improved tactical rifle bullet and one U.S. patent for an improved AR-15 operating system. He also holds patents relating to automotive technologies.

Prior to joining Kutak Rock in 2011, he spent three years at a national plaintiff’s firm exclusively representing patent owners in various U.S. District Courts.

Kutak Rock Locations

Atlanta 303 Peachtree Street, NE Suite 2750 Atlanta, GA 30308-3201 T: 404-222-4600

Chicago One South Wacker Drive Suite 2050 Chicago, IL 60606-4614 T: 312-602-4100

Denver 1801 California Street Suite 3000 Denver, CO 80202-2626 T: 303-297-2400

Fayetteville 234 East Millsap Road Suite 200 Fayetteville, AR 72703-4099 T: 479-973-4200

Irvine 5 Park Plaza Suite 1500 Irvine, CA 92614-8595 T: 949-417-0999

Kansas City Two Pershing Square 2300 Main Street Suite 800 Kansas City, MO 64108-2416 T: 816-960-0090

Little Rock 124 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3706 T: 501-975-3000

Los Angeles 777 South Figueroa Street Suite 4550 Los Angeles, CA 90017-2513 T: 213-312-4000

Minneapolis 220 South Sixth Street Suite 1750 Minneapolis, MN 55402-4513 T: 612-334-5000

Oklahoma City 6305 Waterford Boulevard Suite 475 Oklahoma City, OK 73118-1116 T: 405-848-2475

Omaha The Omaha Building 1650 Farnam Street Omaha, NE 68102-2186 T: 402-346-6000

Philadelphia Two Liberty Place Suite 28B 50 South Sixteenth Street Philadelphia, PA 19102-2519 T: 215-299-4384

Richmond Bank of America Center Suite 800 1111 East Main Street Richmond, VA 23219-3500 T: 804-644-1700

Scottsdale 8601 North Scottsdale Road Suite 300 Scottsdale, AZ 85253-2738 T: 480-429-5000

Spokane Cutter Tower 510 West Riverside Avenue Suite 800 Spokane, WA 99201 T: 509-747-4040

Washington, D.C. 1101 Connecticut Avenue, NW Suite 1000 Washington, DC 20036-4374 T: 202-828-2400

Wichita Omni Center IV 111 S. Whittier Suite 110 Wichita, KS 67207 T: 816-960-0090