We secured a stay of litigation and successfully resolved the matter

Davis Polk successfully represented Marquis Energy LLC, a leading ethanol producer in the United States, and other defendants in a contentious litigation brought by H&H Farms LLC in Illinois state court in 2018. H&H alleged that the managers of Marquis Energy breached provisions of Marquis Energy’s operating agreement in connection with decisions to approve a refinancing and dividend distribution, and to enter various amendments to a management services agreement. We then filed an arbitration demand seeking declaratory judgment that the aforementioned actions by the managers complied with the operating agreement and Illinois law.

In December 2018, the Illinois state court stayed H&H’s litigation, agreeing with our clients that a stay was warranted and required under the arbitration provision of Marquis Energy’s operating agreement. The arbitration and state court litigation were both favorably resolved during summer 2019.

The Davis Polk team included partners Andrew Ditchfield and Paul Spagnoletti, counsel Brett McMahon and associate Mari Byrne. All members of the Davis Polk team are based in the New York office.

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