Henry Caldwell

Since joining Kirkland, Henry has been involved in the following matters:

• Representing global healthcare company in criminal and civil investigations conducted by federal enforcement agencies involving alleged violations of FDA regulations and the False Claims Act.
• Representing manufacturer of construction and mining equipment in criminal investigation conducted by federal enforcement agencies involving alleged violations of the Occupational Safety and Health (OSH) Act.
• Representing private equity client in adversary proceeding filed by the trustee for Endo International, plc’s general unsecured creditor trust alleging fraudulent conveyance and other claims relating to Endo’s multibillion-dollar purchase of Par Pharmaceuticals.
• Counseled digital platform company regarding federal criminal and civil investigations into liability under the Food, Drug and Cosmetics Act, Controlled Substances Act and False Claims Act.
• Served as litigation counsel for Franchise Group in connection with its voluntary Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware.
• Served as litigation counsel for JOANN Inc. and certain of its affiliates in connection with their voluntary Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware.
• Represented global events management company in mediation relating to multimillion-dollar breach of contract and earnout dispute with a production company that resulted in a favorable post-mediation settlement.
• Represented Clayton Dubilier & Rice, Cornerstone Building Brands and Cornerstone offices in appraisal, fiduciary duty and securities litigation arising out of CD&R’s multibillion-dollar take-private acquisition of Cornerstone.
• Counseled supply chain solutions company regarding multimillion-dollar breach of contract dispute with warehousing vendor that resulted in favorable post-mediation settlement.

Prior to joining Kirkland, Henry was involved in the following matters:

• Defended manufacturer of industrial chemical products in numerous class action, state and municipal action, and personal injury lawsuits arising from alleged potable water and natural resource impact.
• Defended infant formula manufacturing client in federal multidistrict and state consolidated mass tort product liability litigation.
• Defended university professor against criminal charges involving tax fraud and wire fraud, resulting in federal government dropping the charges and the district court dismissing the case.
• Represented consumer product manufacturing client in state products liability lawsuit related to alleged Salmonella contamination. Successfully achieved voluntary dismissal with prejudice after close of fact and expert discovery.
• Represented pharmaceutical client in responding to third-party discovery subpoenas in federal lawsuit involving civil racketeering and breach of contract allegations.
• Represented hospital client in breach of contract litigation involving consulting services that resulted in favorable settlement.
• Represented medical device and laboratory equipment manufacturers in products liability litigation involving allegations of manufacturing and design defects.
• Represented a variety of food, manufacturing, healthcare and technology clients in defending class action litigation brought under Illinois Biometric Information Privacy Act.
• Represented manufacturer of parking systems in third-party breach of contract and contribution action relating to underlying class action brought under Fair and Accurate Credit Transaction Act.

Associate, Steptoe LLP, 2022–2024

Associate, Nixon Peabody LLP, 2018–2022

Since joining Kirkland, Henry has been involved in the following pro bono matters:

• Henry serves as guardian ad litem in uncontested and contested guardianship proceedings, representing the best interests of children. Most recently, Henry served as guardian ad litem for two children — ages 3 and 5 — during a trial in a contested guardianship case in which the court adopted the findings and recommendations of his written GAL report.

Prior to joining Kirkland, Henry was involved in the following pro bono matters:

• Achieved remand from Board of Veterans’ Appeals that resulted in reinstatement of VA benefits for Vietnam War veteran.
• Achieved grant of asylum for appellant before Board of Immigration Appeals.
• Obtained favorable settlement for prisoner claimant under Section 1983 who was permanently injured while incarcerated.