Cases
Representative Matters: Construction
Represented national telecommunications company with relocation to new office facility in metro Atlanta, Georgia, including award
negotiation of construction contract, risk planning
successful administration of the construction contract.
Represented owner of a hydroelectric plant on two separate projects (both performed during outage periods where scheduling issues were complex
critical) (1) generator rewind project
(2) relay upgrade project - including compliance with financial covenants, assessments of proposals by major vendors, negotiation
drafting of contract
commercial terms,
establishment of construction claims resolution process. Presented commercial terms
allocation of risk to power company's senior leadership before contract was approved.
Defended HVAC subcontractor
its insurer in a subrogation action that sought more than $3 million in damages relating to a pipe burst at a luxury condominium building. The Court entered summary judgment in favor of the client HVAC subcontractor on three independent grounds. QBE Insurance Corporation v. Jorda Enterprises, Inc., No. 10-21107 CIV-GOLD (S.D. Fla. 2012).
Represented energy facility operator in negotiation of contract with contractor for construction of $200 million biomass power-plant facility. Project involved separate equipment vendor
general contractor. Assisted preparation of bid materials, review of bids
negotiation of commercial terms. Prepared materials for board of directors analyzing major project contracts
the reasoning for how the contract documents allocated those risks.
Regularly represents Fortune 500 material supplier in matters arising from breach of contract or non-payment
other issues such as consignment agreements
Buy America Act compliance. Obtained multiple judgments on behalf of client
Regularly prepares contract forms for contractor that manufactures specialty air treatment systems.
Represented general contractor, by drafting construction contract
subcontracts for GMP project for construction of new hospital.
Represented civil contractor in breach of contract / wrongful termination action arising from the construction of public schools. Obtained a seven-figure judgment on behalf of the client after a week-long trial
recovered all financial losses, attorneys' fees
interest.
Represented EPC contractor in dispute arising from the construction of a 550-megawatt power facility. Claims by each side exceeded $70 million. Recovered the client's financial losses
attorney's fees after trial before the American Arbitration Association.
Represented power company in responding to reliability audit by the North America Electrical Reliability Corporation.
Represented energy facility operator in dispute over design defects in upgrade work at a coal burning power plant. Obtained favorable settlement for before trial.
Represented heavy industry contractor in $10 million claim related to contracts for steam turbine generator upgrade at a combined-cycle power plant for purposes of increasing plants output. The claim involved owner, general contractor
multiple subcontractors.
Represented energy facility operator in dispute over long-term supply contract. Before trial
after moving to disqualify the opposing party's expert witness, obtained settlement on behalf of the client.
Intellectual Property
Represented biotechnology company in licensing
patent litigation concerning their core products. After a week-long trial before the American Arbitration Association, obtained a complete defense verdict on both patents-at-issue, including an award that the asserted patents were invalid,
recovered costs associated with the client's defense.
Represented wireless communications company in multiple patent disputes involving the use of infringing wireless systems. Recovered lump-sum royalties on behalf of client from multiple infringers.
Represented wireless communications company in business divorce
patent-licensing dispute. Obtained settlement on behalf of client after defending multiple motions for summary judgment filed by opposing party.
Represented golf course soil sensor company in actions involving the misappropriation of trade secrets
patent infringement. Secured settlement on behalf of client.
Commercial Litigation
Represented large nonprofit organization in a number of litigation matters involving construction contracts, procurement contracts, advertising contracts
property disputes.
Represented lending institutions in enforcing secured loan agreements.
Represented manufacturer of extension cords in defense of products liability claims.
Represented national staffing company in various bankruptcy matters including defending preference avoidance actions brought under chapter 5 of the Bankruptcy Code.
Represented debtor Borden Chemicals
Plastics Operating Limited Partnership in chapter 11 reorganization case.