Cases
Representative Matters: Commercial
Financial Litigation: Secured the 4th largest jury verdict in a commercial case (approx. $36 million) against sellers that backed out of a securities trade after becoming privy to inside information regarding a Fortune 500 company's intent to acquire the issuer
Verdict Search identified it as one of the top jury verdicts in the country in 2008.
Defended life insurance company against vanishing premium claims in nationwide class-action seeking damages in excess of $750 million
arbitrated claims against individual class members.
Obtained one of the 10 largest commercial verdicts in the country for 2013 with a $21,565,000 jury verdict in a Texas state court against RBC Capital Markets, LLC, a registered broker-dealer, for failing to settle a securities trade
Verdict Search listed it as the 7th largest jury verdict in a commercial case,
the largest jury verdict for breach of an oral contract.
Represented asset manager
related parties in disputes with former partner alleging claims for breach of fiduciary duty
other business torts in excess of $200 million.
Represented minority shareholder in high-profile suit against issuer
its majority shareholders that led to NCAA sanctions against the University of Arkansas for payments made to numerous athletes.
Represented litigation trustee appointed by bankruptcy court overseeing bankruptcy of one of the largest independently owned mortgage companies,
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led litigation related to, inter alia, parent company's bankruptcy case, former insiders, note holders, class claims for violations of the Worker Adjustment
Retraining Notification Act, claims made by institutional warehouse lenders
take-out investors,
Victims' Rights claims for restitution in criminal actions.
Initiated claims on behalf of minority partners in investment management firm, vitiated restrictive covenants investment manager sought to enforce,
negotiated favorable business divorce of partners' interests in the firm
secured protections against dilution in value of participating investments.
Successfully resolved litigation on behalf of investment funds against Bank of Nova Scotia related to the wind-down of total return interest rate swap facilities during the financial crisis.
Represented investment management firm
affiliates against claims made by former limited partner for wrongful termination, breach of contract,
breach of fiduciary duty,
enforced restrictive covenants against same resulting in favorable settlement
business divorce.
Defeated breach of contract
fraud claims asserted by former client against advertising agency in jury trial
obtained $375,000 attorneys' fees award on counterclaim.
Served as counsel for the former chief operating officer of an online tutoring company in compensation dispute with the company's owners
a subsequent federal investigation of the owners' operation of an affiliate.
Consumer Products Litigation: Secured dissolution of TRO
denial of temporary injunction sought by buyer to prevent seller from drawing on $10 million letter of credit related to procurement of COVID-19 PPE, effectuated full draw on the letter of credit,
navigated sale of inventory.
Recovered production costs
attorneys' fees from global weather insurance syndicate under policy insuring weather conditions for production of Corona Beer advertisements.
Represented advertising agency against the makers of ShapeUp! food products promoted by Dr. Phil
in a related consumer class action lawsuit against Dr. Phil
others.
Prosecuted indemnification
warranty claims in excess of $5 million on behalf of toaster manufacturer against manufacturer of heating elements when toasters sold to thous
s of fastfood restaurant chains failed.
Obtained arbitration award on behalf of an advertising agency against music provider after agency
advertiser were sued for copyright infringement related to national television
radio campaign
subsequently prevailed at bench trial before Chief Judge Sidney A. Fitzwater
held company's owner personally liable on theories of fraudulent transfer, alter ego,
single business enterprise.
Obtained seven-figure arbitration award on behalf of top New York clothing design firm against Fortune 500 retailer for breach of design agreement
trade dress claims.
Represented online advertising agency against True.com relating to more than a hundred online media vendors allegedly owed in excess of $3 million for online media advertisements.
Enforced
recovered rights of foreign owners in closely-held distribution company for Chinese flooring products against rogue employee that usurped millions of corporate assets.
Represented foreign flooring manufacturer in business divorce with U.S. distributors.
Real Estate
Hospitality Litigation: Successfully resolved dispute on behalf of bank
other minority lenders against agent bank
certain majority lenders arising out of loan agreement pertaining to the construction of the Ritz Carlton Hotel
related residences in Dallas, Texas.
Represented special purpose real estate investment vehicle
seller of luxury condominium units in Uptown area of Dallas against builders
condominium association with respect to alleged defects in construction.
Represented court-appointed receiver for fast food franchise owned by dead-locked members, performed forensic accounting identifying cash discrepancies
recovered same, oversaw management of operations
reporting obligations, solicited
procured asset purchase agreement by stalking horse bidder,
coordinated sale
settlement through subsequent bankruptcy.
Represented commercial l
lord in suit brought by tenant
obtained judgment against tenant for back rent
attorneys' fees following bench trial.
Represented controlling holder
operating advisor pursuant to a Pooling
Servicing Agreement for commercial mortgage pass-through certificates in dispute related to the sale of luxury commercial real estate development in Charlotte, North Carolina.
Represented commercial tenant in dispute against l
lord related to ongoing construction
interference with tenant's right of quiet possession.
Represented owner of Dallas hotel in dispute against national hotel management company.
Expunged lis pendens
facilitated sale of renowned multi-million dollar residential property in Highl
Park, Texas.
Represented interests of a leading hospitality company in disputes related to impact mitigation fees a/k/a linkage payments associated with the development of the South Boston Convention Center
lawsuits involving a litany of public officials on city, state,
federal levels,
prominent political interest groups.
Represented not-for-profit 501(c)(3) debtor against secured lender with respect to financing arrangements for multifamily affordable housing complex.
Represented leading hospitality company in management contract disputes with owners of hotel properties in Boston, Calgary, Cerritos, Chicago, Edmonton.
Represented commercial real estate developer in business divorce
disputes with former partners.
Enforced terms of bond debt arrangements on behalf of bond debt holders against prominent hospitality company.
Healthcare Litigation: Secured summary judgment on behalf of a national for-profit hospice provider in high-profile (
now widely cited) qui tam case alleging damages in excess of $5 billion,
orders excluding expert testimony on statistical sampling, damages extrapolation,
medical necessity.
Secured dismissal with prejudice of a publicly-traded healthcare company from qui tam suit alleging liability under the False Claims Act over a nine year period spanning offices in 14 states, on a motion to dismiss a relator's fourth amended complaint.
Arbitrated dispute on behalf of majority owners of medical claims management company alleged to have misappropriated millions of dollars from minority member,
conducted forensic accounting vindicating same.
Oversaw termination of management agreement on behalf of healthcare management company
arbitration of claims for outst
ing amounts owed by healthcare provider
obtained dismissal of bankruptcy case filed without authority by healthcare provider
secured TRO against
appointment of receiver for healthcare provider
managed litigation
settlement negotiations of various disputes with l
lords, equipment lessors,
equity owners,
worked with receiver on management of distressed healthcare provider
recovery of misappropriated assets.
Defended national home care provider against plethora of commercial lease guarantees arising from bankruptcy of large operator of nursing homes
assisted living facilities, pursued indemnification obligations against former sellers of healthcare assets,
represented provider in underlying bankruptcy case
adversary proceedings.
Enforced indemnification obligations against sellers arising out of acquisition of various healthcare companies
resolved guaranty litigation against buyer stemming from sale of spin-off assets
related bankruptcy proceeding.
Energy Litigation: Represented holders of senior subordinated notes with a face value of approximately $30 million against Ryder Scott Company for certifying false proven oil reserves estimates of the issuer relied on by the note holders.
Represented wind-energy company
managers in business divorce against former CEO asserting claims for damages arising from alleged breaches of fiduciary duties
related business torts.
Litigated
negotiated resolution of multiple disputes related to alternative energy startup company, including those with former executives,
oversaw corporate restructuring
protection of intellectual property assets.
