Tailored Solutions For Your Business And Real Estate Litigation Needs

Representative Cases

Shareholder Cases

Representing a shareholder in a multi-million-dollar claim related to breach of guaranty contracts, fraud and breach of loan agreements, successfully resolved many of the claims through pre-trial motions, following which the client received a significant settlement after mediation, on the eve of trial.  The main issue was interpreting ambiguous language in a contract drafted by the parties without counsel.

Representing majority owners of a manufacturing business sued by the minority owner for in excess of $1 million, including claims for wrongful termination of employment, successfully obtained favorable trial court and court of appeals decisions.  The parties then settled on favorable terms of a buyout.  The main issue was a personality clash between second-generation owners, arising out of handshake deals between the first-generation owners.

Representing sibling in a multi-million-dollar family business dispute, favorably resolved claims through mediation.  The main issue was the client’s power under various agreements to exercise control over the company.  When the other siblings disputed the settlement terms based on unexpected tax ramifications, successfully obtained a favorable result after arbitration.

Representing 50% owner of a service company who sued for dissolution based on shareholder oppression, settled for favorable buyout terms of the eve of an arbitration hearing.  The main issue was growing distrust between the two 50/50 owners, leading to each making unilateral decisions for the company.

Representing majority owner of a cannabis business being sued for shareholder oppression, obtained a favorable judgment after arbitration.  The losing party’s motion to modify the award was denied.  The main issue was disagreement about the future investment strategy of the business, based on ambiguous language in the operating agreement.

Pre-trial Victories

Representing a national website portal connecting real estate brokers and clients, successfully defended a false advertising claim brought by a real estate broker who claimed diversion of customers.  Obtained dismissal of the claim before any discovery was done, which was affirmed by the federal court of appeals.

Representing national chain of retail stores, successfully defended claims for unfair competition and business defamation brought by a competitor who claimed diversion of customers.  Obtained dismissal of all claims before any discovery was done.

Representing attorneys sued by another attorney for a multi-million-dollar referral fee, obtained a dismissal of claims for breach of contract and tortious interference before any discovery was done, which was affirmed by the federal court of appeals.

Representing the owner of an insurance agency sued by another agency for alleged theft of clients, obtained a dismissal on the eve of trial after a deposition of the plaintiff’s owner revealed significant weaknesses in the case.

Representing two sales representatives sued by their former principal for a variety of claims including breach of confidentiality agreements and tortious interference, obtained dismissal of multi-million-dollar claims for breach of confidentiality agreements and tortious interference on the eve of trial, as well as a positive judgment on a counterclaim for commissions.

Bench Trials and Arbitrations

Representing former part-owner of a health care business in a dispute with former partners, obtained a favorable decision after a bench trial, including dismissal of fraud claims and positive judgment for unpaid sale proceeds.  The key trial testimony was cross-examination of the key executive of the plaintiff, whom the judge described as not credible. Client was also awarded attorney fees as the prevailing party.

Representing a medical sales representative company sued for violating its commission agreement, obtained a favorable judgment after bench trial, including dismissal of the breach of contract claim and a positive judgment on a counterclaim for commissions.  The key testimony was an admission that there was no direct evidence of damages caused by the client.

Representing a national franchisor sued by a franchisee for fraudulent inducement to purchase the franchise, obtained a successful judgment after a bench trial, including dismissal of all fraud claims.  The key trial testimony was the successful cross-examination of the plaintiff’s expert witness.

Representing a partner in several real estate development projects sued by his partner, obtained a favorable arbitration award concerning funds being held in escrow following sale of one of their properties.  The losing party’s motion to vacate the award was denied.  The key testimony was the partner’s admission that he had not paid close attention to the flow of information between the parties.

Successful Mediations

Representing an international auto supplier, resolved all claims asserted by a former sales representative before litigation.  The key to resolving the case early in the process was counsel’s agreement to exchange all necessary information, which led to productive fact-intensive negotiations.

Representing buyers of a business who claimed fraud in the sale, resolved all claims mid-way through litigation after the parties exchanged extensive information informally.  The key to resolving the case was developing a common understanding of the risk/reward tradeoff of pursuing costly litigation.

Representing former executive of regional construction company who was terminated without payment of retirement benefits, obtained favorable settlement on the eve of trial after two mediation sessions and multiple follow up calls with counsel.  The key to resolving the case was using the mediator to convey the strengths of the client’s position to his former employer.