COMMERCIAL LITIGATION SUMMARIES
Employer prevails against the employee for embezzlement. The Court awarded our client (employer) $2,100,000.00 against an employee for a fraudulent scheme and embezzlement.
The insurance broker is granted summary judgment in the real estate developer’s lawsuit. The Court granted our Motion for Summary Judgment against a commercial developer seeking over $7,000,000.00 from an insurance brokerage we represented who had procured payment and performance bonds for the contractor on the project. The motion was granted on the eve of a subsequent 7-week jury trial against the remaining defendants and the case was dismissed as to our client.
Unanimous arbitration award in favor of accountancy firm against the principal of acquired accounting practice. A panel of 3 arbiters all agreed that our client owed nothing to the former owner of an accounting practice that our client had purchased; instead, the panel granted our cross-claim in excess of $600,000.00 against the individual, including attorneys’ fees and costs, and we collected all damages on behalf of our client without undue further expense.
Successful settlement of fraud claims asserted by out-of-state business against our public company client. An Indiana corporation sued a Texas-based public company in federal court for fraud and conversion of a collection of coins valued at over $10,000,000.00 by a subsidiary of the public company. In representing the defendant, we successfully avoided a lengthy and convoluted proceeding on the eve of trial by crafting a mechanism to enable the plaintiff to recover a portion of its loss on the open market along with damages to be made whole and avoid further potential liability.
The hotel developer prevails against the landowner for the failed project. Representing a commercial developer, we obtained a verdict of $1,200,000.00 following a 3-week jury trial on the landowner’s breaches of the parties’ development contract. The award included lost profits as well as out-of-pocket expenses of the developer.
The landlord convinces the former tenant to abandon the toxic tort claim and pay rent. We represented a commercial landlord seeking lease damages from tenants after they abandoned their premises. Tenants filed a cross-complaint against the landlord, its principal, the property manager, and the leasing broker alleging environmental contamination and increased cancer risk. After proving to a mediator (and in turn the tenants) through extensive documentation that the environmental claim lacked merit, the tenants agreed to pay landlord damages under the lease, thereby avoiding a drawn-out trial on environmental issues dating back over 20 years.
Bad debt/collection claims are routinely pursued throughout the country. We act as collection counsel for various businesses and handle their bad debt collection litigation, whether inside or outside of California. Our attorney and professional network cultivated over the past 25 years enables us to quickly retain highly recommended out-of-state counsel to assist whenever and wherever needed.
Husband thwarts wife’s spurious claims in relation to arm’s length martial settlement agreement. Nine out of ten of the wife’s claims were knocked out by our client (husband) when the Court granted our motion for judgment on the pleadings. The remaining claim was transferred to Family Court where our client again prevailed and was awarded $300,000.00 in attorney fees and costs.
Common law wife receives payment on the claim against the probate estate. Upon initial denial of her claim, we filed a lawsuit in the Probate Court against the estate of a decedent who had resided with our client for many, many years without marrying. Working with estate counsel, we secured payment on the claim to avoid an emotional trial.
The corporate developer successfully defends the former shareholder’s attempt to unwind his buy-out. We obtained a unanimous defense verdict in a former shareholder’s action seeking over $2,000,000.00 in damages arising from claims of an improper buy-out agreement.
BUSINESS TRANSACTIONS, MERGERS, AND ACQUISITIONS
International conglomerate acquires local defense contractors. We acted as lead counsel in the successful sale of our client’s engineering firm to Rolls Royce of North America.
Accounting firm breakaway group acquires boutique firm to expand practice. We acted as lead counsel in the acquisition of an accounting firm by a group of professionals seeking to build upon and expand their newly formed practice.
Insurance brokerage acquires multiple agencies. In addition to serving as general counsel for an insurance brokerage, we negotiated and acted as lead counsel in the firm’s acquisition of two outside insurance agencies in order to expand our client’s business enterprise.
Lighting company acquires assets of the sound company. Our client expanded its lighting company operations to include a sound production business in order to present itself as a full-fledged production company for corporate events and promotions.
Non-profit establishment and I.R.C. §501(c) tax-exempt status. We have set up and successfully obtained tax-exempt status for non-profit organizations in the Orange County area.