CORY R. BARACK, Esq.
2020 - Present
Attorney-at-Law, Barack Law LLC
2016 - 2020
In-House Attorney - U.S. Mining Company
- In-house attorney for mining company with thousands of employees, billions of annual revenue. Performed, managed legal work in corporate governance, M&A, finance, contracts, engineering/procurement/construction, human resources, litigation, regulatory/environmental, and real property.
- Managed corporate governance matters for 100+ subsidiaries. Maintained and drafted resolutions, stock certificates, articles of incorporation, corporate records, board minutes, bylaws. Took ownership of critical listing of incorporation and ownership information used by executives, state and federal agencies, and bankruptcy counsel. Appointed Secretary or Assistant Secretary at five Company subsidiaries.
- Critical member of acquisition team in large mine purchases. Assisted incorporation of multiple LLCs in compliance with loan covenants. Assisted in obtaining permits, completion and filing of antitrust report. Reviewed numerous contracts to determine if they should be accepted or rejected; advised exec on specifics. Reviewed, revised, processed dozens of vendor/procurement contracts, ensuring mines operated from day one of new ownership. Quickly turned around all work due to time-sensitive nature of transactions.
- Managed intermittent work contract program covering hundreds of vendors, millions in annual spending. Drafted new contract, utilized for hundreds of vendor engagements.
- Redlined and drafted new language, negotiated with contractors, coordinated with executives for massive airshaft and site construction projects. Advised executives on numerous contract disputes.
- Drafted, revised numerous NDAs, SOWs, MSAs, severance agreements, employee bonus agreements, purchase and sale contracts, for equipment, IT, M&A work.
- Added critical provisions to mining equipment purchase contracts, greatly increasing Company’s protection. Due to time-sensitive nature, mine would shut down if equipment not built; contract was crucial first step to shield manufacture.
- Coordinated, revised lease schedules and amendments affecting hundreds of railcars; critical for moving product to market. Independently devised termination of prior lease, ensured seamless intercompany transition of cars.
- Drafted focused memo detailing step-by-step process to protect Company from potentially large railcar repair costs. Recommended contractually proper repair efforts for cars to execs, avoiding excessive costs.
- Directly and immediately saved Company thousands in taxes improperly charged by railcar lessor through diligent review and interpretation of lease language, and persuasive communication of same to executives and lessor.
- Researched law, argued that state sales tax not due on towboat lease payments. Managed outside counsel in appeal to state tax board. Company received full refund of tax already paid on both vessels.
- Managed, revised, negotiated promissory notes for mining equipment financing.
- Managed internal promissory note program. Drafted and recorded new notes and mortgages, drafted letters resulting in collected missed payments; coordinated foreclosure and refinancing of notes.
- Analyzed complex stock purchase agreement, real estate purchase agreement to indemnify Company against asbestos/personal injury claims. Successfully argued for third party to accept indemnity tender.
- Successfully convinced counterparty to pay huge settlement in black lung matter and thereby dismiss trial; zero cost to Company. Personally reviewed thousands of pages of docs for black lung claims, then drafted letter to counterparty persuasively and successfully refuting its claim for improper black lung payments.
- Key player in Company’s Chapter 11 bankruptcy filing. Verified all corporate governance matters, researched Company ownership, corrected errors in organizational charts through diligent research of stock ownership. Added to and reviewed multiple first day schedules. Coordinated daily with outside bankruptcy counsel, financial advisors. Provided expert advice to Company employees on negotiating with vendors. Primary member of contract review team for thousands of contracts in extremely complex Chapter 11 case.
- Tracked, analyzed hundreds of liens, payment demands, lawsuits related to unpaid bills and bankruptcy; critical item in restructuring. Managed litigation and reviewed motions for ten related cases.
- Negotiated, revised well flaring agreement and site leases to generate positive annual revenues.
- Supervised review and closing of equipment lease for state-of-the-art mining equipment.
- Collected reimbursement for clearing power line rights-of-way that counterparty neglected.
- Managed new towboat transactions, one sale-leaseback and one vendor-payoff.
- Reviewed, responded to subpoenas and personnel/medical records requests. Worked with HR to develop company-wide policy of review and submittal to avoid release of confidential/sensitive information.
- Assisted in negotiation, brought to completion, large equipment sale from rebuild shop.
- Drafted, negotiated sale agreements, and closed deals for obsolete draglines.
- Ensured Company received large contract payment by drafting agreements for successful plant demolition.
- Drafted demand letters to troublesome contractor falling behind schedule on crucial work. Provided legal opinion, remedies to exec regarding contract interpretation.
- Managed transaction to transfer control of lab. Drafted NDA, building lease, and lab services agreement. Company enjoyed seamless transition for critical analysis work.
- Managed claims and drafted objections to preserve Company’s rights to posted collateral with insurer; full amount of collateral timely paid back to Company with interest.
- Managed union request for information (“RFI”) program. Drafted hundreds of RFIs and thousands of pages. Materially reduced frivolous requests. Negotiated with government and union to eliminate overbroad RFIs. Diligent record-keeping and communication resulted in dismissal of complaint against Company.
- Personally identified need and registered trade names/licenses, maintained legal compliance.
- Contributed to decrease in overhead expense; completed work in-house formerly sent to outside counsel.
- Researched, completed know-your-customer requests for banking institutions and lenders in bankruptcy. Ensured continuation of Company funding.
- Lead for managing litigation in multiple-barge breakaway. Redlined, negotiated new agreement with defendant to continue critically needed harbor services during litigation. Worked with outside counsel on discovery responses, interviews with employees, setting up depositions.
- Assisted depositions of former employees, helped reach settlement at 10% of plaintiff’s original ask.
- Led charge to update purchase order terms and conditions, affecting hundreds of millions in annual purchases.
- Named Company’s lead environmental attorney; critical position for mining company. Approved letters to regulatory agencies, reviewed/approved payment of fines for dozens of citations. Provided legal advice to staff.
- Lead attorney for managing, tracking Clean Water Act compliance. Negotiated, revised multiple mitigation credit agreements to further Company’s compliance objectives.
- Assisted in litigation to challenge reclamation-only permit issued by environmental agency, including discovery and appeal. Solely managed meeting with outside counsel, agency lawyers. Analyzed decades-old documents to determine Company’s property rights; same conclusion reached by senior partner at prestigious outside law firm.
- Successfully managed termination of consent decree, which required constant manpower/expenditures for compliance. Researched statutes and court opinions, provided voluminous evidence to agencies.
- Managed multiple environmental consent orders. Reviewed language, built schedule of deliverables. Reduced reliance on outside counsel and associated costs.
2013 - 2016
Senior Financial Analyst - U.S. Mining Company
2008 - 2013
Senior Analyst - Strategic Planning; Assistant Plant Supervisor; Industrial Engineer - U.S. Mining/Natural Gas Company
2001 - 2008
Officer - United States Air Force
EDUCATION
J.D. - Duquesne University School of Law, ‘15 (concentration in Real Property)
M.B.A., Finance - University of Colorado, Colorado Springs, ‘08
B.S., Meteorology - Naval Postgraduate School, ‘03
B.S., Management - USAF Academy, ‘01 (top 10% of class)