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Critical Coal Gasification Project Gets Off the Ground
In a case critical to the Chinese government, David represented Global Partners United (GPU). GPU, an American company principally based in the People’s Republic of China, was working closely with Chinese government officials to deliver natural gas throughout China. GPU owns exclusive rights in China and seven other Asian countries related to technology that is designed to extract natural gas from coal, a process referred to as “coal gasification” or “clean coal technology.” Critical to the Chinese government because of their current ecological challenges and the on-going infrastructure re-development efforts across China, this technology was poised to make a major impact.

China has an enormous surplus of coal deposits. For decades, they have burned coal to support their economy and development. Unfortunately, this practice has caused serious pollution level concerns in China, particularly in its larger cities. As a result, GPU had been working closely with the Chinese government and its officials to provide the government with the ability to extract natural gas from coal in an environmentally friendly way.

When David began working with GPU, the company had already spent more than $7 million in the technology and the company from whom it was to license the technology, Bixby Energy Systems. At that point, Bixby had not yet delivered on its obligations to GPU, putting GPU on the verge of disaster. Without being able to deliver on any of its obligations to its Chinese customers, GPU was poised to face multiple lawsuits in China.

Once David began working with the company, it was quickly discovered that Bixby’s primary officers had raised over $140 million from an estimated number of over 2,000 individual shareholders, but Bixby had no money and was insolvent. Most importantly, Bixby had not delivered on its obligations to GPU–their only customer – and it was unable to do so.

At that time, it was also discovered that Bixby was being investigated by at least four federal agencies, and that one of its primary financial officers had been previously convicted of bank fraud. David got to work quickly. He worked to commence an action in Hennepin County to have the court intervene through the appointment of a receiver to take control of Bixby and oust management. Next, he filed for immediate injunctive relief. The case quickly became highly contentious. After his case was filed, investors and some members of Bixby’s Board of Directors filed their own lawsuits, seeking relief similar to that which GPU was seeking. Soon, Bixby shareholders loyal to the current management team surfaced, creating multiple, on-going fights on many different fronts.

In only 60 days, working around the clock, David achieved a result that brought about the following: (1) Bixby’s management and certain members of its Board of Directors were ousted; (2) interim management and an interim Board of Directors for Bixby were appointed; and (3) Bixby began to deliver on its contractual obligations to GPU.

In a significant case from start to finish, David achieved an enormously successful result for his client. GPU is now delivering on obligations to its Chinese customers, it has not been sued by its Chinese customers, and it is on the verge of completing installation and testing of the first coal gasification system in China, which is poised to revolutionize the way energy is delivered to the Chinese people.
For More Information
Deb Cochran
Direct: (612) 604-6688
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