We are strong proponents of resolving disputes without protracted litigation. Our most noteworthy cases, however, are the ones where the other side did not share that sentiment. In case after case, the opposing party came out much worse than if they had either not brought the claim or agreed to a reasonable resolution.
Here are some of the highlights:
Represented restaurant sued for alleged trademark infringement. After attempts at a reasonable resolution were rejected, succeeded in voiding the opposing party’s trademark and obtaining the trademark registration for client.
Represented seller in a compelled buy-out of a closely held business. When the buyer improperly tried to shift the tax burden to the seller, the Court awarded seller an additional $129,058, which represented the profits seller should have been entitled to if he had to assume the tax liability, plus attorneys’ fees. In short, the Buyer tried to get cute and got burned.
Independent Contractor Dispute
Represented a chiropractor who was sued by an office tenant based on a revenue sharing agreement that applied when they provided services to each other’s patients. Plaintiff’s case was dismissed during trial and Plaintiff’s counsel was Ordered to pay sanctions when the cross examination of the Plaintiff showed that she made false claims and misrepresented the contents of documents.
Employee Benefits Dispute
Represented an employee who was promised that he was the beneficiary of a $1 million life insurance policy on the employer’s life, but was denied benefits when the employer was in an accident that put him in a coma and the employer’s children used their Power of Attorney to change the beneficiary designation to a trust, of which they were the beneficiaries. Court ordered the payment of $1 million to our client and left open the possibility of additional damages before the case was settled.
Insurance Coverage Dispute
Represented the estate of a homeowner who shot an intruder in his home and then was sued by the intruder for his injuries. Despite the fact that the homeowner had committed suicide and was not available to tell his version at trial, obtained a jury verdict that the homeowner acted in self -defense and was not, therefore, liable for the injuries of the intruder.
Construction Defect Dispute
Represented a commercial roofing contractor who was blamed for causing a fire that resulted in a $1 million claim. Obtained summary judgment dismissing the claims against the roofer after showing that it did exactly what it was supposed to do and that the fault lay with whomever failed to properly decommission certain rooftop equipment that was being taken out of service.
Software Copyright Dispute
Represented a debtor in bankruptcy who had purchased certain software assets but then had to sue the developer for copyright infringement for using the same program to develop a competing product. Liability was established when we discovered that sections of the computer code contained the same errors in spelling, grammar, and syntax as in the software purchased by the client.
Represented a disaster restoration contractor when a customer refused to pay in an attempt to make money by paying less than the insurance company had provided. Client was prepared to absorb the costs of additional work performed above and beyond the original contract, but it submitted a supplemental bill for that work when the customer falsely claimed numerous defects in workmanship. The building owner ended up paying its own legal fees, the entire bill, and virtually all of the supplemental bill.
Limited Partnership Dispute
Represented minority partners in a Family Limited Partnership involving a dispute over the handling of their mother’s funds. Initially sought primarily accountability and transparency. When majority shareholders refused, a Court ruled against them and ordered our clients’ legal fees reimbursed out of the partnership assets.
Represented a publicly traded company that lost a substantial part of the money raised in a public offering when the investment banker recommended that the funds be put in a “safe” government bond fund until needed. Originally proceeded outside of the class action and billed by the hour, but then converted to a contingent fee because of client’s scarce resources. Subsequently opted into the class settlement and our fees were paid from it.
Enforcement of Loan and Security Agreement
Represented a client who invested more than $500,000 in a friend’s restaurant business and, because of the friendship, failed to document the loan properly. When repayment was not made, we forced the execution of proper loan documents. When payments were still not made, we brought proceedings to foreclose on the assets. The “friend” literally attempted to steal a restaurant, as he came in the middle of the night to take inventory and equipment – including a $75,000 pizza oven. Client was subsequently awarded ownership of the entire business and the “friend” spent time in jail.
Enforcement of Equipment Lease
Represented a client that rented disaster restoration equipment to an out-of-state customer who never returned it. Client demanded return of the equipment and payment for three weeks of use – even though the equipment had been detained for several months. When the customer refused, we brought suit and recovered the value of the equipment and for the lost income during the time the equipment was detained. Client’s customer was prosecuted criminally for theft.
Defense of Warranty Claims
Represented equipment manufacturer whose customer contorted the language of a money-back guaranty to argue that he could get his money back even if he had used the equipment for years and had made a lot of money doing so. The customer ended up getting nothing and reimbursing our client for its costs and legal fees.
Minority Shareholder Claims in Real Estate Investment
Represented several investors who purchased (mostly) nonvoting shares in an entity that owned and operated rental property with the express representation that the investment was intended to be for ten years. When the controlling shareholder decided not to honor that commitment, we brought suit. The matter was settled by a buyout of the clients at an amount that was well above what had been offered and that yielded a substantial return on the original investment.
Building Product Warranty Claims
Represented townhome association when siding manufacturer refused to honor warranty for vinyl siding. Subsequently, manufacturer agreed to replace all of the siding on all of the buildings in the complex.
Fraudulent Transfer Claims
Represented a business owner who was sued by her Mother based on the claim that her Mother was the true owner of the business and the property and had only transferred it to her daughter to try to keep it from creditors. Client went to trial without an attorney and lost. We accepted the case thereafter and, despite the fact that we were not able to reopen the trial record, prevailed in all respects on appeal.
Represented Law Firm against a departing firm member who covertly appropriated clients and then claimed to be entitled to damages because his employment agreement allegedly violated the rules regarding noncompete agreements for lawyers. Departing firm member ultimately agreed to pay a substantial sum for the misappropriated clients.