Summary Judgment Granted
Obtained summary judgment in favor of temporary staffing client in the U.S. District Court for the Eastern District of Michigan on client’s breach of contract claim for approximately $450,000. Clarity Solution Grp. v. VisionPRO, LLC, No. 18-14088, 2019 BL 273355 (E.D. Mich. July 2019).
Representation of Financial Services Firm in FINRA Matters
Representation of a financial services firm in multiple arbitrations before the Financial Industry Regulatory Authority (FINRA) against former employees, obtaining awards against the employees on loans provided to them by the firm and denial of all counterclaims.
Successful Settlement for Spinal and Cervical Fusion Components Manufacturer
Represented a manufacturer of spinal and cervical fusion components in numerous products liability cases brought in various courts nationwide. The first case, which involved extensive discovery and investigation into the cause of the device failures and securing the necessary defense experts, settled just before trial. After demonstrating that the plaintiff's own pre-surgery health issues, instead of failed medical components, significantly contributed to the patient's failure to achieve fusion, we settled that case for 5% of the plaintiff's original demand. The other cases subsequently settled for less than 3% of each plaintiff's initial demand.
Injunctive Relief Granted for Protection of Trade Secrets
Successfully obtained immediate injunctive relief (TRO and preliminary injunction) to protect clients’ trade secrets and confidential information against employees who violated the terms of their restrictive covenant contracts.
Case of First Impression – Statutory Releases and Equitable Fault Analysis to Reduce Liability Under Mechanic's Lien
Represented a specialty equipment supplier on a public works project involving a case of first impression on the issues of application of statutory releases under Nevada law and the use of equitable fault analysis being used to reduce liability under a security interest or mechanic's lien claim. The Nevada Supreme Court ruled in favor of the supplier and held that the district court erred in finding that the waiver, even though termed unconditional, was unenforceable, pursuant to the language of the pertinent Nevada statute, against the lien claimant. Likewise, the Supreme Court found that "equity" may not be used to reduce the value of a security interest or mechanic's lien held by a claimant.
Property Tax Disputes
Lead or co-counsel in several property tax disputes in the Michigan Tax Tribunal and appellate courts involving disputes with tax dollars at issue ranging from $10,000 to over $40MM.
Commercial Transactions and Real Estate
Lead or co-counsel in several commercial litigation cases involving commercial transactions and real estate matters.
Immigration – Visas, Permanent Residency, and Naturalization
Obtained visas, permanent residency, and naturalization for numerous individuals and entities in business sectors such as automotive, manufacturing, medical, and higher education.
Represented Preference Defendants in Bankruptcy Matters
Represented numerous preference defendants in bankruptcy courts locally and around the country, involving complex issues and/or large amounts.
Represented customers and suppliers of troubled companies.
Case of First Impression – Equitable Subrogation and Subordination of Mechanic's Liens and Construction Lenders
Represented mechanic’s lien claimants on multibillion-dollar hotel-casino bankruptcy lien litigation and resulting certified question to Nevada Supreme Court regarding issues of first impression addressing equitable subrogation and subordination between mechanic’s lien claimants and construction lenders who hold deeds of trust. A successful ruling was received in favor of the mechanic's lien claimants, which established that Nevada would adopt a minority position where mechanic's lien claimants would be favored over construction lenders in situations in which a lender paid a prior existing encumbrance.
Successful Representation of Insurance Companies in Coverage Disputes
Represented insurance companies in numerous declaratory judgment actions arising from insurance coverage disputes and environmental contamination claims in Michigan, Ohio, Indiana, and Illinois.
Unfair Labor Practices
Secured favorable resolutions for publicly listed corporations in several consolidated, nation-wide, unfair labor practice cases in which the NLRB sought to find holding companies to be single and/or joint employers with affiliated entities.
Appellate Court Affirms Judgment Under the UCC
Obtained a judgment in favor of PCT Brands, LLC for approximately $500,000 in a breach of contract action under the Michigan UCC, which was affirmed by the Michigan Court of Appeals. PCT Brands, LLC v. Digital Gadgets, LLC, No. 342481, 2019 WL 2146307 (Mich. Ct. App., May 16, 2019).
Insurance Coverage Portfolios
Reviewed and counseled a number of manufacturers, distributors, and retailers with respect to setting up appropriate insurance coverage portfolios on a domestic and international basis.
Insurance – Fire and Property Loss
Represented insurers in advising and resolving a number of high-exposure fire and property losses.
Insurance – Representations and Warranties
Counseled numerous businesses on the merits of Representation and Warranty Insurance for use in mergers and acquisitions.
Representation of State of Michigan's Guaranty Fund
Represented the state of Michigan's guaranty fund for over twenty years regarding claims against insolvent insurance companies licensed to do business in the State of Michigan.
Represented Steel Manufacturer in Bankruptcy Matters
Represented a large steel manufacturer whose employee filed bankruptcy for himself and his two single-member LLCs after he received millions in exchange for steering energy contracts to a company that sought to do business with his employer.
Chief Negotiator for Collective Bargaining Agreements
Over the past several years, served as chief negotiator for successor collective bargaining agreements against the Washington State Nurses Association, the Florida Nurses Association, the Service Employees International Union, the United Steelworkers of America, and the United Mineworkers, resulting in concessions and operational savings in excess of $20MM.
Motions to Dismiss Denied
Successfully contested motions to dismiss (consolidated cases) in the Richard J. Daley Court of Illinois involving breach of contract and retaliatory discharge claims.
Represented International Gaming Manufacturer in Bankruptcy Matters
Represented an international manufacturer of gaming machines (and licensor of intellectual property associated therewith) in casino bankruptcy cases throughout the country.
Dismissal with Prejudice Obtained in Employment Matter
Obtained dismissal with prejudice on behalf of a client with respect to claims by former employee seeking reinstatement into former employment position.
Representation of Fortune 500 Company in Nationwide Labor Arbitrations
Lead national labor arbitration counsel for Fortune 500 commercial fleet management, dedicated transportation, and supply chain solutions company; handling labor arbitrations throughout the country.
Summary Judgment Obtained on Multiple Trust-Related Business Torts
Represented a client who was sued for multiple trust-related business torts in litigation in the United States District Court in Chicago and three Illinois counties. Successfully obtained two summary judgments in favor of our client, partial summary judgment to permit our client to withdraw the declination to serve as trustee and to resolve the operative trust agreement, and a final summary judgment on all claims against our client. We further obtained dismissal of all state court claims and obtained summary judgment in favor of the trust.
Summary Disposition Granted for Municipality in Class Action
Represented defendant municipality in a class action lawsuit alleging that the city's water and sewer rates were unreasonable, and that illegal taxes violated the Michigan Constitution. The class alleged it was entitled to recover damages in excess of $10MM. Many other cities chose to settle copy-cat claims for millions of dollars, but we did not. The court granted our Motion for Summary Disposition and dismissed the case in its entirety.
Summary Judgment Granted for Automotive Dealership
Represented an automotive dealership in an action for the negligence of an off duty employee. We obtained summary judgment on behalf of the dealership from the trial court and the plaintiff appealed. The Nevada Court of Appeals affirmed summary judgment in our favor.
Successfully represented large and small businesses, manufacturers, suppliers, and restaurants in obtaining hundreds of dismissals and closures of EEOC investigations.
Assisted clients with dozens of OSHA investigations, including four recent fatality investigations.
Representation of National Manufacturing Company on Labor & Employment Matters
Lead nationwide employment counsel for national manufacturing company with facilities and employees in 15 states.
Representation of Tier I Automotive Supplier on Labor & Employment Matters
Lead national employment counsel for Tier I automotive supplier, handling all labor & employment matters.
Representation of a financial services firm in multiple FINRA arbitrations resulting in awards in favor of the financial services firm.
Successful Settlement for National Financial Services Firm of ADA Claims
Lead trial counsel for national financial services firm in ADA lawsuit alleging failure to accommodate and disability discrimination. Multiple deposition admissions eviscerated plaintiff's claims and drove a cost effective nuisance value settlement, avoiding protracted litigation and attorney fees.
Outstanding Loan Claims Settled on Behalf of Financial Services Firm
Successfully negotiated a number of settlements of outstanding loan balances on behalf of a financial services firm, resulting in the payment of millions of dollars on the loans.
Non-Solicitation and Trade Secrets
Successfully advised a financial services firm in connection with the hiring of various financial advisors to avoid litigation over violations of non-solicitation and trade secret provisions.
Provides strategic guidance and general oversight for clients involved in business litigation matters.
Successful Defense of Medical Device Products Liability Cases
Successfully defended and resolved hundreds of medical device products liability cases nationwide, through summary judgments, mediations, and informal settlement negotiations.
Dismissal Obtained in Qui Tam Whistleblower Action
Represented a lending institution in a Qui Tam Whistleblower Action and obtained a Rule 12(b) dismissal of a Qui Tam action against seventeen banks sued in a federal district court in the Northern District of Texas. Over 60 attorneys appeared in the case and all defendants entered into a Joint Defense Agreement. Our representing attorney was one of five attorneys selected to speak at the full-day dismissal hearing. The matter was dismissed with prejudice in its entirety.
Specific Performance Granted by Summary Judgment
Represented a business and real estate purchaser in an action seeking specific performance. While summary judgment for specific performance is rarely granted, we obtained such relief on behalf of our client and successfully defended the judgment on appeal.
Foreclosure of $20MM Housing Development
Successfully foreclosed on a $20MM housing development of a multi-building apartment complex for a New York-based lender, preserving deficiency and obtaining full recovery of legal fees.
Successful Defense of Financial Institution and Award of Attorney's Fees
Successfully represented a financial institution and obtained dismissal with prejudice and award of attorneys' fees against customer who alleged negligence and fraud by allowing a rogue employee to cash checks and convert over $1MM of the customer's funds.
Case of First Impression – Favorable Decision on Statutory Damage Caps for Defamation
Successfully petitioned Ohio Supreme Court for discretionary review of an issue of first impression regarding statutory damages caps as applied to defamation claims and obtained a favorable decision for our hospital client.
Represented Cargo Service Provider in Bankruptcy Matters
Represented a cargo-handling service provider to domestic and international airlines that filed bankruptcy (Chapter 11 or Chapter 15) in the United States.
Verdict in Favor of Publicly Traded Bank
Represented a super regional publicly traded banking institution over a seven-day trial in California where the bank was sued for tort and contractual damages stemming from a failed commercial lending facility. Obtained a verdict in favor of lender.
Defense Verdict for Construction Supply Company
Representation of a construction supply company in a wrongful termination action. We obtained a defense verdict in arbitration.
Successful Representation of Coatings Manufacturing Company in Title V Clean Air Act Action
Represented a coatings manufacturing company in defense of an Illinois EPA lawsuit seeking $500,000 in civil penalties for an alleged failure to obtain a Title V Clean Air Act permit, resolving the litigation via consent order in state court for $75,000.
Successful Verdict for Bank Client
Obtained a verdict in favor of a banking client after a four-day trial in Alameda County, California, defeating the claim of the borrower who asserted that the bank's mortgage was invalid.
Dispute Regarding Collective Bargaining Agreement
Represented an air cargo handler and defeated a union grievance that alleged a violation of the Collective Bargaining Agreement. We successfully avoided approximately $8MM in annual wage impact.
Wheeler Financial, Inc. v. Law Bulletin Publishing Co.; appeal from the Circuit Court of Cook County, Illinois, Trial Court No. 14 L 9581, Appellate Court No. 1-17-1495; 2018 IL App (1st).
National Employer Wins Arbitration Claims Brought by Labor Union
Successfully represented a national employer in an arbitration involving a labor union that claimed our client's annual liability was near $8MM. The union alleged the company violated the parties' labor agreement by not increasing all of its wage scales in amounts equivalent to the legally mandated minimum wage increases. The case was complicated by bargaining history, distant and unavailable witnesses, and ambiguous contract language. The arbitrator ruled in favor of our client and denied the class action grievance.
Contractual Rights Enforced
Represented numerous businesses or individuals seeking enforcement of contractual or other rights, including a $1MM+ jury verdict for an unpaid architect in California, a $2MM+ jury verdict for an unpaid contractor in Nevada, defense of an improper $300,000 commission claim in a Nevada arbitration, and defense of an improper eviction attempt in a Colorado jury trial.
Preliminary Injunction and Evidentiary Hearings
Successfully represented multiple clients in preliminary injunction proceedings and evidentiary hearings before the U.S. District Court for the Northern District of Illinois.
Successful Defense of Claim for Specific Performance
Represented defendant property owner in an action for specific performance of a purchase agreement for the sale of 22 acres of property. After a four-day trial, the jury returned a verdict of no cause on the plaintiff's complaint.
Successfully contested a motion to compel in the U.S. District Court for Northern Illinois involving a trademark infringement matter.
Financial Services Provider Wins $1.6MM on Counterclaim
Successfully obtained a $1.6MM judgment for a financial services provider client on its breach of contract counterclaim after two years of litigation in Ohio state court against a publicly traded plaintiff company that had initiated the lawsuit. The plaintiff was seeking to collect the remaining $1MM it claimed was due on a $20MM stock purchase agreement. The plaintiff received nothing on its claim, and our client obtained $1.6MM on its counterclaim.
FLSA Class Action Defeated
Represented an air cargo handler and defeated a potential FLSA class action on behalf of a putative class of 3,000 based on the Railway Labor Act exemption.
Discrimination Claims Settled
Assisted and counseled a prominent public interest client in successfully negotiating a settlement and release of employment discrimination claims asserted by a senior management official.
Wage & Hour Class Action Claims Defeated
Represented an air cargo handler in supervising and formulating a strategy in defense of multiple wage & hour class actions filed in California. Successfully resolved claims of more than $75MM for less than $5MM.
Fortune 100 Company Enforces Non-Compete Agreements
Counseled a Fortune 100 company in the enforcement of non-compete agreements entered into with former employees.
Defense Verdict for Real Estate Investment Firm
Represented a large real estate investment firm being sued in Colorado for misrepresentation and breach of contract stemming from a multimillion-dollar project. After a two-week trial, we obtained a defense verdict.
Appellate Court Affirms Summary Judgment for Public Employer
Authored appellate brief that led to a published opinion in client's favor before the Illinois Appellate Court. Stimeling v. Peoria Public School District 150, 2018 IL App (3d) 170567.
Summary Judgment Granted in Class Action
Successfully represented a city and obtained summary dismissal of a class action lawsuit seeking $8MM based upon alleged improper water and sewer fees.
Successful Defense of Chemical Company Following Arbitration
Represented a chemical company being sued by its former CEO for severance and alleged deferred compensation totaling nearly $1MM. Following a trial over several days in private arbitration, the chemical company obtained a defense verdict on nearly all claims, only paying pennies on the dollar.
Summary Judgment Granted on Grounds of Res Judicata and Estoppel
Represented defendant entity and its individual owners in litigation alleging that the defendants converted property and breached fiduciary duties to the plaintiff, in connection with the plaintiff's purchase of assets of the parties' former company from a court appointed receiver. The court granted our motion to dismiss the case in its entirety on res judicata and estoppel grounds.
Shareholder Breach of Fiduciary Duty
Represented the special committee of a multinational food company in a suit brought by shareholders alleging breach of fiduciary duty relating to the special committee’s approval of a merger for $1B.
Successful Defense of Tier I and II Companies
Successfully defended Tier I and II companies in commercial disputes, preliminary injunctions, and product warranty recall matters.
Tier I Automotive Supplier Wins Arbitration Claims Brought by Labor Union
Successfully represented a Tier I automotive supplier in a complicated contract interpretation arbitration. The issue litigated went to the heart of our client’s ability to manage its business under the union labor agreement. The union argued the company must first obtain the union’s agreement before changing work schedules. Without the flexibility to adjust schedules, our client risked either shutting down the customer’s assembly line or incurring millions in overtime costs to meet customer production demands. The arbitrator found in favor of our client, affirming management's right to unilaterally change the work schedule for the purpose of efficiently operating its production schedule.
Successful Representation of Refrigerant Manufacturing Company in U.S. EPA Lawsuit
Counsel to national refrigerant manufacturing company in defending a U.S. EPA federal court lawsuit under the Clean Air Act SNAP program, negotiating a favorable consent decree and further prevailing on a subsequent claim by the DOJ for $300,000 in stipulated penalties for alleged violation of the consent decree, with no penalty assessed.
Representation of Private Equity Funds
Representation of major private equity funds in disputes relating to private equity transactions.
Special Counsel for Board of Medical Device Company
Special counsel to the board of a medical device company with products for tissue regeneration.
Conducted an internal investigation on behalf of a large multinational bank in connection with a FINRA inquiry relating to fraudulent bond trading.
Obtained Dismissal of State Court Judge on Breach of Fiduciary Claims
Represented a former state court judge in litigation involving claims of breach of fiduciary duty and negligence. We obtained dismissal of all claims.
Reinstatement of Health Permits Obtained for Hookah Lounge
Represented a hookah lounge in administrative hearing after Southern Nevada Health District revoked its permits and attempted to permanently close the establishment. We obtained reinstatement of the health permits.
Defense Verdict for Chemical Company
Represented a chemical company being sued by its former CEO for a large severance package and deferred compensation. After a one-week trial, we obtained a defense verdict.
Verdict for Window Company
Representation of a window company in a breach of contract action where we obtained a trial verdict in favor of our client on its affirmative claims, while also receiving a complete defense verdict with respect to the defendant's counterclaims.
Case of First Impression – Class Members Are Not Permitted to Aggregate Claims to Satisfy Minimum Jurisdictional Requirements
Represented a credit union where the Nevada Supreme Court ruled as a matter of first impression, and in our client’s favor, that individual class members are not permitted to aggregate their claims to satisfy the minimum jurisdictional limits of Nevada's district courts.
Representation of Medical Practice in Employment Matters
Representation of a medical practice regarding employment related issues, including the hiring and termination of employees and independent contractors.
Summary Judgment for Hospital Under Title VII and Illinois Law
Successfully defended a hospital/employer in the Seventh Circuit Court of Appeals where the Court affirmed a summary judgment decision in favor of our client where a former employee claimed discrimination and retaliation under Title VII and Illinois law, and failure to accommodate under the Americans with Disabilities Act.
Defense Verdicts for Automotive Dealerships Following Arbitration
Represented numerous automotive dealerships in unrelated breach of contract and breach of warranty actions. The cases were tried in private arbitration and resulted in defense verdicts.
Plaintiffs' Awards Exceed Statutory Damage Cap
Represented numerous plaintiffs in medical malpractice actions. The state cap on non-economic damages, which was established to limit the exposure of medical professionals, was averted by proving ordinary negligence, resulting in settlements greatly exceeding the statutory $350,000 cap.
Anonymous Internet Speaker Identified for Defamatory Emails and Franchisor Exonerated
Represented restaurant franchisor in dispute with terminated consultants. Successfully identified anonymous internet speaker who allegedly sent defamatory emails to franchisees.
Successful Mediation of Restaurant Franchisor Disputes
Represented restaurant franchisor in disputes with franchisees alleging fraudulent inducement of franchise agreements. Successfully litigated and mediated resolutions of disputes.
Healthcare Franchisor Mediation
Represented healthcare franchisor in mediation over terms of franchise agreement.
Cannabis Company Defends Trade Secrets Case
Represented publicly held cannabis company against a lawsuit brought by its former chief executive officer alleging trade secret misappropriation and usurpation of corporate opportunities. Successfully defended the company against a motion for preliminary injunction.
Counsel for Newspaper in Jury Trial
Represented a newspaper over a seven-day jury trial in multimillion-dollar commercial dispute. We obtained a complete verdict in favor of our client, the newspaper. Our representation continued for the client through appeal.
Verdict for LLC Member
Represented a withdrawing member of an LLC in a one-week jury trial in the United States District Court in Chicago. We successfully obtained a verdict in favor of our client, without retaining an expert to oppose the testimony of the defendant's expert.
Representation of Corporate Officer
After the U.S. Department of Justice and Internal Revenue Service served subpoenas and seized computers and documents from a Fortune 100 company, we were retained to represent one of the corporate officers who was concerned that he may be a target of an investigation. No charges were ever filed against the officer.
$7.5MM Settlement for TIFA
Represented a Tax Increment Finance Authority entity ("TIFA") where we obtained a $7.5MM settlement in a complex litigation matter were TIFA alleged that 25 years of payments made pursuant to a signed agreement should be returned as they were made without authority under the alleged contract.
Summary Judgment Granted in Class Action Against Credit Union
Represented defendant credit union in a putative consumer class action lawsuit where the plaintiff alleged that her credit union breached its own account agreement and violated the Electronic Funds Transfer Act by charging overdrafts when the plaintiff's ledger balance was positive. The plaintiff claimed class damages in excess of $30MM. The court granted our motion to dismiss the plaintiff's complaint in its entirety.
Multimillion-Dollar Settlement for Sales Representative
Represented plaintiff sales representative in action for unpaid sales commissions owed by the defendant automotive supplier, resulting in a multimillion-dollar settlement in favor of our client.
Summary Judgment Granted for Cargo Handler
Obtained summary judgment in favor of cargo handling client in breach of contract case for approximately $250,000. Cargo Airport Servs. USA, LLC v. Transcaraga Int’l Airways, C.A., Inc., No. 17-20768-CV-MORENO (S.D. Fla. Oct. 27, 2017).
Arbitration Award Includes Full Attorney's Fees
Obtained an American Arbitration Association award, which included full attorney's fees, in San Francisco against an investment banking firm that refused to refund deposits made by client.
Transfer Obtained for Financial Services Company
Represented a member of a financial services company in a tort action. We obtained transfer of the action based upon a forum selection clause. Morse v. Ten X Holdings, LLC, 2017 WL 4079264 (D. Nev. Sept. 13, 2017).
Summary Judgment Granted for Automotive Supplier
Obtained dismissal for failure to state a claim and later summary judgment for an automotive supplier client accused by a former independent contractor of unlawfully terminating his independent contractor agreement. Al-Kahwati Engineering, Inc. v. AGC Flat Glass North America, Inc., No. 2:16-CV-10759, 2016 WL 9403759 (E.D. Mich. July 26, 2016); Al-Kahwati Engineering, Inc. v. AGC Flat Glass North America, Inc., No. 2:16-CV-10759, 2017 WL 4005912 (E.D. Mich. Sept. 12, 2017).
Attorney's Fees Successfully Denied
Successfully defended an electric component designer and manufacturer against the plaintiff's request for enhanced damages and attorney's fees on remand from the Supreme Court of the United States, resulting in district court's denial of enhanced damages and attorney's fees in favor of our client. Halo Electronics, Inc. v. Pulse Electronics, Inc., 281 F. Supp. 3d 1087 (D. Nev. 2017).
Defense Verdict Obtained for Developer of Historic Cal Neva Lodge
Represented the developer of the historic Cal Neva Lodge in Lake Tahoe (formerly owned by Frank Sinatra) in breach of contract and fraud action brought by an investor, claiming the developer misrepresented the financial status of the project. After a two-week trial, we obtained a complete defense verdict and an award of over $5MM against the investor for interfering with a commercial loan that would have allowed the project to be completed.
Summary Judgment Granted Against Police Officers
Obtained a summary judgment for claims against police officers and municipality alleging excessive force and constitutional violations. Hemphill v. City of Taylor, No. 14-14958, 2017 WL 9471690 (E.D. Mich. May 9, 2017); Hemphill v. City of Taylor, No. 14-14958, 2017 WL 3613969 (E.D. Mich. Aug. 23, 2017).
Hospital Not Liable for Discrimination
Successfully represented a hospital in defending a claim of discrimination in Illinois Human Rights Commission resulting in no findings against the firm's client.
Summary Judgment Granted
Obtained dismissal of claim alleging abuse of process against our client by successfully arguing that claimant had failed to state a claim upon which relief could be granted. Sherman v. Ritter, No. 17-10433, 2017 WL 3007077 (E.D. Mich. July 14, 2017).
Successful Resolution of Adjoining Property Owner's Illegal Use
Represented a property owner in a matter involving an illegal use of adjoining property that severely diminished the value of our client's property. Prior to our involvement, litigation had been ongoing for over two years. Once retained, we successfully resolved the controversy through alternative dispute resolution and negotiated payment of a substantial portion of our client's legal fees.
Hospital Dismissed from Action
Obtained early dismissal of all claims against a hospital by a physician in a complex contract dispute. The dismissal was affirmed by the Seventh Circuit Court of Appeals after briefing and oral argument.
Breach of Contract and Unjust Enrichment
Obtained judgment after a bench trial for breach of contract and unjust enrichment, and then dismissal of the defendant's subsequent appeal. (44th District Court, Oakland County Circuit Court, 2017).
Dismissal Obtained in Securities Lawsuit
Obtained a dismissal with prejudice on behalf of a bank client of all claims brought by four plaintiffs who filed a multimillion-dollar securities lawsuit against the bank arising from their purchase of $7MM unsubordinated debentures.
Food Processing Company Wins in Arbitration
Defended a food processing company in an arbitration proceeding involving several real estate issues between adjoining land owners. Obtained a defense arbitration award of zero dollars in the client's favor when the claimant sought over $1.3MM, and obtained a full award of damages on our client's counterclaim.
Lead Trial Counsel for Not-for-Profit Company
Lead trial counsel and outside corporate legal advisor for a not-for-profit company, which operates worldwide in the area of product certification and standards writing.
Summary Judgment Obtained on Behalf of Engineering Firm in Tree Stand Products Liability Case
Represented a multi-national environmental engineering firm in a product liability lawsuit claiming in excess of $25MM based on an allegation of defective testing of a deer hunting tree stand. After removal to federal court and remand to state court, and over two years of discovery, our client was the only defendant to win summary judgment dismissal, with no appeal by plaintiff.
Directors and Officers Not Liable
Represented former directors and officers of First United Bank in an action brought by the FDIC alleging negligence, gross negligence, and breach of fiduciary duty. Specifically, the FDIC alleged that our clients acted tortiously in approving ten loans made by the bank before it closed. Following mediation, we settled the matter on behalf of our clients without any of them contributing personal assets. Federal Deposit Insurance Corporation as Receiver for First United Bank v. Borowski et al., N.D. Ill., 16-CV-06250.
Successful Settlement of Restrictive Covenant Action
Represented a commercial property owner defendant in litigation involving allegations of breach of a restrictive covenant. The plaintiff was represented by one of the most respected trial attorneys in Nevada. We obtained a favorable settlement following an evidentiary hearing where plaintiff's request for preliminary injunction was denied.
Poison-Pill Claim Dismissed
Obtained dismissal of a breach of contract action against a human resources software company in the Eastern District of Pennsylvania. The Plaintiff claimed breach of a settlement agreement through a clumsy attempt at a poison-pill clause. We carefully and clearly argued the plain language of the agreement could not support Plaintiff's theory. The Court agreed and dismissed the action. The Third Circuit Court of Appeals summarily affirmed the District Court.
Wage & Hour Class Reduced
Represented a food manufacturer and significantly reduced the size of alleged class in wage & hour matter. Federal court denied conditional certification of the employee class sought by the plaintiff and conditionally certified only half of the requested class.
Represented a multi-national performing rights organization in a federal interpleader lawsuit involving more than $20MM in royalty payments.
Counsel to Contractors
Represented contractors in all aspects of construction disputes including successfully defending contractor's mechanics lien rights and obtaining favorable settlements of lien claims.
Appellate Court Affirms Judgment of $3MM for Energy Company
Represented a publicly traded energy company in Illinois federal courts. Our client recovered in excess of $3MM including attorney's fees after a motion for summary judgment and appellate review.
Successful Dismissal of Chapter 13 Bankruptcy Case Resulting in Favorable Outcome for Financial Institution
Represented financial institution in contested evidentiary hearing regarding valuation of real estate in a Chapter 13 bankruptcy case. Obtained a ruling in favor of the client as to valuation of the real estate, resulting in denial of confirmation of borrower's Chapter 13 plan and dismissal of the Chapter 13 bankruptcy case.
Sales Representative Wins $2.614MM in Post-Termination Commissions
Obtained $2.614MM in post-termination payments for a commissioned sales representative client who was terminated by his employer, who was an automotive components supplier.
Construction Lien Defeated
Lead counsel for a renewable energy company in litigation that defeated the foreclosure of a construction lien by the wind project's general contractor.
Mechanics Lien Act – 90-Day Notice Satisfies 60-Day Notice Requirement
Represented sub-contractor in an appeal where the homeowners challenged sub-contractor's notice to homeowner under the Illinois Mechanics Lien Act. Successfully obtained a ruling from the appellate court finding that client's 90-day notice also complied with 60-day notice requirement under the Illinois Mechanics Lien Act.
Private Equity Firm Shareholder Dispute
Represented a large New York based private equity firm involved in a shareholder dispute for more than $200MM relating to its preferred position in one of its portfolio companies.
Defense Verdict Obtained in Wrongful Death Action
Co-counsel in representing an industrial products manufacturer in a multi-week, wrongful death trial in Nevada. We obtained a complete defense verdict on all claims against our client.
Case of First Impression – Statutory Interpretation Involving Personal Residence Exemption
Lead attorney and successful in a case of first impression in the Michigan Court of Appeals that involved a challenge to the Michigan Treasury's long-standing interpretation of a statute requiring the Treasury to exercise discretion in waiving penalties and interest when a written request to rescind a Personal Residence Exemption is made, but not acted upon by the local assessor. Denton v. Dep't. of Treasury, 317 Mich. App. 303, 894 N.W.2d 694 (2016)
Injunction Obtained in Software Dispute
Represented plaintiff mortgage servicer in a dispute with its software provider. The plaintiff held a license to use the defendant's mortgage servicing software, which the plaintiff relied on to service thousands of residential mortgage accounts. The defendant software provider threatened to terminate our client's access to its mortgage servicing software on New Year's Day unless our client paid tens of thousands of dollars in fictitious charges. The court granted our motion for a temporary restraining order and later entered a permanent injunction which prohibited the defendant from terminating access to the software.
Verdict for Publisher on Contract Claims
Obtained a verdict in favor of a publisher after a seven-day trial in Cook County, Illinois involving breach of contract claims. The verdict was upheld by the Illinois Appellate Court in a published decision.
$4.6MM Arbitration Award for Financial Services Firm
Represented a financial services firm in an arbitration against two former employees, obtaining an award of $4.6MM against the employees on loans provided to them by the firm and complete denial of their counterclaims.
Redevelopment Agreement Not Violated
Successfully resolved a breach of contract and fraud case brought by an Illinois municipality against our client, a nationally known manufacturer. The municipality asserted that the client's successful property tax protests had violated a redevelopment agreement the parties had entered into in connection with the municipality's creation of a Tax Increment Financing District encompassing the client's manufacturing facility.
Conducted an internal investigation and represented a CEO of a public company in connection with criminal and regulatory investigations relating to allegations of accounting fraud.
Insurance – Embezzlement
Successfully defended a number of insurers in cases involving embezzlements in excess of a million dollars through fraudulent check writing, invoice padding, the issuance of false invoices, and computer fraud.
$1.3MM Award, Including Attorney's Fees, for Equipment Sales and Leasing Company
Represented an equipment sales and leasing company as lead counsel at a four-day trial and in the subsequent appeal. Our client was awarded over $1.3MM after prevailing on appeal, including attorney's fees, costs, and interest. Our representation also included argument before the Nevada Supreme Court. Cashman Equip. Co. v. W. Edna Assocs., Ltd., 132 Nev. Adv. Op 69, 380 P.3d 844 (2016).
$2MM Settlement Obtained for Tier I Automotive Supplier
Obtained a settlement of over $2MM in favor of a Tier I automotive supplier client on its breach of contract counterclaim after two years of federal court litigation.
Fortune 100 Technology Company Responds to SEC Inquiry
Conducted an internal investigation on behalf of a Fortune 100 technology company relating to a SEC inquiry into various forms of accounting fraud.
Hospital Executive Dismissed from Action
Obtained early dismissal of a claim against an individual hospital executive by a physician for tortious interference in prospective economic advantage.
Obtained a multimillion-dollar verdict in a complex breach of contract jury trial.
Franchisor Obtains Injunction
Represented a tutoring franchisor in litigation against a franchisee that continued using the franchisor's trade secrets, marks, and trade dress following termination of the franchise agreement. We prevailed against the franchisee's efforts to have the claims dismissed and removing the case to federal court, and obtained an injunction enjoining franchisee's wrongful conduct following an evidentiary hearing.
Appellate Court Rules Nevada Law Requires Award of Legal Fees When Mechanic's Lien Is Expunged
Represented a commercial property owner in a mechanic's lien action. We obtained expungement of the mechanic's lien, and on appeal, we obtained a ruling that Nevada law requires an award of legal fees to an owner when a mechanic's lien is expunged. One Trop LLC v. Verma, 2016 WL 3896347 (Nev. App. July 13, 2016).
Arbitration in Favor of Manufacturer in Employment Matter
Represented a manufacturer in a four-day grievance arbitration over the termination of a long-term employee and union president for theft. The case involved extensive use of surveillance footage and electronic package tracking data. We obtained an award in favor of the company and upholding of the termination.
Representation of Municipality in Collective Bargaining Negotiations
Represented a large municipality in difficult collective bargaining negotiations where we obtained a long-term agreement with multiple unions securing significant employee contributions and future relief from health care and pension obligations.
Minority Shareholders Obtain $1MM+
Obtained $1.7MM and $1.2MM for two different individual shareholder clients, both of whom had been frozen out by the majority shareholders of their respective companies.
UCC Foreclosure Sale Allowed
Represented a hedge fund in an action against a borrower. After an evidentiary hearing, we obtained a ruling allowing our client to pursue a UCC foreclosure sale, and denying the borrower's request for a preliminary injunction enjoining the sale. First 100, LLC v. Omni Fin., LLC, 2016 WL 2980673 (D. Nev. May 23, 2016).
Alternative Dispute Resolution
As a certified mediator, our representing attorney successfully resolved a number of claims and lawsuits in this form of alternate dispute resolution.
Summary Judgment Granted for Gaming Manufacturer
Represented a gaming manufacturer in defense of intellectual property and contract claims. We obtained summary judgment in favor of our client on all claims.
Successful Defense of Physical Therapist and Award of Attorneys' Fees
Represented a physical therapist in a tort action. We obtained dismissal of all claims, which was upheld on appeal, and on cross-appeal, we obtained a ruling that our client was entitled to an award of attorneys' fees due to the frivolous nature of the plaintiff's claims. Loo v. Deets, 2016 WL 1567037 (Nev. Apr. 15, 2016).
Representation of Agricultural Cooperative
Successfully represented a local member agricultural cooperative in a corporate governance/membership dispute with a large regional agricultural supply cooperative operating in more than 40 states and Ontario, Canada.
Litigation Defines Online Defamation Law in Michigan
Through numerous appellate litigation matters, we successfully argued and assisted in defining online defamation law in Michigan. Thomas M. Cooley Law Sch. v. Doe, 833 N.W.2d 331 (Mich. Ct. App. 2013) (amicus), Ghanam v. Does, 845 N.W.2d 128 (Mich. Ct. App. 2014), and Sarkar v. Doe, 897 N.W.2d 207 (Mich. Ct. App. 2016).
Disclaimers of Interest Obtained Against Labor Unions
Within a 12-month period, secured disclaimers of interest for a national retailer in New York City against the Retail, Wholesale and Department Store Union, and for a public sector hospital in San Diego against the United Food & Commercial Workers. A disclaimer of interest is a rare occurrence; a union voluntarily decides it no longer wants to represent the employees that elected it.
Appellate Court Reverses Summary Judgment on Mechanic's Lien Claim
Represented a property owner in defense of a mechanic's lien claim and obtained reversal on appeal of an improperly granted summary judgment motion. Tom v. Innovative Home Sys., LLC, 132 Nev. Adv. Op. 15, 368 P.3d 1219 (Nev. App. 2016).
Dismissal of Election Law Claims Against School District
Represented a school district in an election law case in which a political think tank attempted to remove a ballot initiative from voter consideration based upon an alleged technical violation of Nevada's open meeting law. The think tank's motion for preliminary injunction was denied, the Nevada Supreme Court affirmed in an expedited appellate review, and the case was dismissed.
Bank Recovers $2MM from Insurer on Embezzlement Action
Recovered the full amount of a bank client's nearly $2MM embezzlement loss from the client's fidelity bond insurer. The loss was sustained as a result of an employee who embezzled over a 17-year period. We obtained a full recovery, notwithstanding the insurer's arguments that our client's alleged negligence was a cause of the loss.
Bank Recovers Losses Suffered from Ponzi Scheme
Successfully represented a bank that sustained a major fraud loss of several million dollars as a result of a complicated Ponzi scheme. Despite repeated denials of coverage by the client's insurance carrier, we were able to obtain full reimbursement of our client's loss.
Counsel to Automotive Supplier
Represented an automotive supplier and defeated the efforts of an upstream supplier who sought an emergency TRO to allocate supply from our capacity-constrained client. Subsequently defeated emergency interlocutory appeal to Sixth Circuit Court of Appeals.
Successful Defense of Las Vegas Hotel/Casino
Represented Las Vegas resort hotel/casino and corporate parent in defense of breach of contract action related to purchase of hotel room keys. Obtained dismissal for lack of personal jurisdiction.
Successful Defense of Bar Owner
Represented bar owner in defense of shareholders’ derivative and direct claims for fraud in connection with the sale of his membership interests in the bar. Successfully obtained dismissal of the action.
Representation of Fortune 100 Company
Representation of a Fortune 100 public company in litigation relating to M&A transactions.
BMO Harris Bank N.A. v. IKE Services LLC, Eric Isaacson, Kimberly Isaacson, 11 CH 5140, Bankruptcy Case No. 13-20227; Appellate Court No. 3-13-0908.
Successful Bankruptcy Court Decision on Behalf of Bank
Successfully represented a bank in the appeal of a bankruptcy court decision, which denied motion to dismiss the bankruptcy based on debtors' failure to adjust their lifestyle before filing bankruptcy.
$2MM Jury Verdict for Tier I Automotive Supplier
Obtained a jury verdict of over $2MM on a Tier I automotive supplier's breach of contract counterclaim after a five-week federal court jury trial.
Successful Defense of Title Insurance Company
Represented a title insurance company in an action alleging that it failed to identify a utility easement for a gas main. The plaintiff/insured, which had purchased the property for the purpose of developing a high-end, residential subdivision, sought damages in excess of $500,000. The trial court awarded less than $5,000 in damages, which was affirmed on appeal by the Illinois Appellate Court.
Tier I Automotive Supplier Wins $2MM on Counterclaim
Served as trial counsel on behalf of a Tier I automotive supplier in a five-week federal court jury trial that resulted in a jury verdict of over $2MM net in favor of our client on its breach of contract counterclaim.
Jury Awards Tier I Automotive Supplier $2MM and Denies Vendor's Claim of $15MM
Obtained a jury trial victory for a Tier I automotive supplier that was sued by a vendor hired to design, integrate, and launch a robotic welding line. We counter-sued on behalf of our client. After a five-week jury trial, our client avoided a $15MM damage claim and was awarded a net jury verdict of $2MM.
$2MM Jury Verdict for Tier I Automotive Client
Lead counsel in a five-week federal jury trial where we obtained a $2MM jury verdict in favor of our Tier I automotive client, the defendant in the case. Our client hired the plaintiff integrator to design, build, and install a complex automated robotic assembly line system using “free issue” robotic equipment that our client agreed to provide for the project. After encountering an array of difficulties, delays, and extra costs, the plaintiff blamed the project’s ultimate failure on the redeployed and antiquated robotic equipment that our client had provided for the system. After refusing to pay the plaintiff, our client faced a lawsuit seeking over $15MM in alleged economic damages.
Court Approves Removal of Board
Strategized and implemented a successful shareholder initiative to remove and replace the board of a large private company, which was affirmed by the Delaware Chancery Court.
Successful Defense of Private Utility
Defended a private utility company before the Michigan Court of Appeals and Michigan Supreme Court in a high stakes tax valuation dispute, obtaining favorable decisions from the appellate courts.
$2.2MM Win for Renewable Energy Company
Represented a renewable energy company and recovered $2.2 MM in a lawsuit when faulty electrical work resulted in a fire that destroyed a commercial-scale wind turbine in Mexico.
Successful Defense of Tier I Automotive Supplier in Overtime Wages Claims
Representation of a Tier I automotive supplier where we obtained dismissal of two plant-wide grievances for a year of past overtime wages, saving the company over $500,000 in potential back pay, and more in future overtime had the grievances been sustained by the arbitrators. To achieve the result, we successfully persuaded the arbitrators that the company's years of erroneous past practices in paying overtime was not binding.
Public Funds Lien Claim Successfully Resolved
Represented a construction manager in the defense of a public funds lien claim relating to a municipal emergency call center. Following a 28-day trial over a 14-month period, we successfully obtained a defense judgment for our client and also a judgment in our clients favor on our counterclaim.
$900,000 Jury Verdict and Punitive Damages Obtained for Architecture Firm
Representation of an architecture firm in a breach of contract and fraud matter. We obtained a jury verdict in excess of $900,000, as well as a finding that our client was entitled to an award of punitive damages as a result of the defendants' conduct. The case settled before the punitive damages phase.
Wage & Hour Class Certification Denied
Successfully represented a hospital and defeated class certification in a wage & hour case. The Federal Court denied class certification following significant discovery, multiple depositions, and extensive briefing.
Defense Successfully Settles Action by Bank Against Directors and Officers
Represented former directors and officers of Midwest Bank in an action brought by the FDIC against our clients individually after the bank failed. The FDIC sought recovery of $62MM in connection with loans which the bank made to six borrowers and affiliated parties, and $66MM with respect to certain investments the bank made in government secured assets, which the FDIC claimed the bank held until the assets had lost most of their value. We successfully settled the matter without the individual directors and officers contributing any of their personal assets. Federal Deposit Insurance Corporation as Receiver for Midwest Bank and Trust Company v. Giancola et. al., N.D. Ill, 13-CV-03230.
Insurance Coverage Dispute
Represented an insurer in a Nevada Supreme Court proceeding involving an insurance coverage/bad faith dispute where the judgment after trial exceeded $10MM. The Nevada Supreme Court ultimately reversed and remanded for a new trial.
Following a one-week jury trial, we obtained a favorable settlement for our client during jury deliberations on a claim involving common law investor fraud.
Representation of Fortune 500 Company in EEOC Matters
Represented a Fortune 500 company regarding numerous EEOC charges, all of which were either outright dismissed or settled for nuisance value.
Mediated a four-year-old litigation matter by assisting the parties in reaching a resolution of the issues that had kept them from settling in two previous mediation attempts.
Successful Defense of Sexual Harassment Claim
Lead trial counsel in a Title VII action where the jury found our corporate client not culpable of sexual harassment.
Successful Defense of FLSA Collective Action Against Bank
Defended an FLSA collective action against a regional bank, alleging misclassification of mortgage loan underwriters.
Law Firm Liable to Bank for Conversion
Successfully represented a bank client and obtained a judgment against a law firm for conversion of the bank's collateral. The law firm's client (an advertising business) and the bank executed loans and security agreements that granted the bank a secured interest in various collateral in the event of default. At the time, the third-party checks payable to the advertising business were deposited in the law firm's IOLTA account, the bank's security interest had attached, due to cessation of business operations. The trial court held, and it was affirmed on appeal, that the law firm could not establish as a matter of law that it was a holder in due course of the checks, and therefore, the law firm was liable to the bank for conversion.
BMO Harris Bank N.A. v. William R. Kautz, et al., 13 CH 2101, Appellate Court No. 2-14-0399; 2014 IL App (2d) 140399.
Successful Defense of Bank in ERISA Action
Defended a regional bank in an ERISA company stock drop class action, alleging that its stock was an imprudent 401(k) Plan investment during a certain time period.
Defense Verdict in Real Estate Dispute
Representation of an individual in a real estate dispute where we obtained a defense verdict in arbitration and received an award of attorney's fees and costs incurred in defending the action.
Claims Against Construction Manager Dismissed
Represented a construction manager and obtained dismissal of a multimillion-dollar construction defect action based on a third-party plaintiff's failure to comply with applicable statutory requirements.
Successful Defense Against ERISA Violations
Assisted in successfully defending a global medical supply company against allegations of ERISA violations stemming from the investment of that company’s profit-sharing plan in employer securities.
Successfully represented a movie studio in complex securities fraud litigation involving allegations of fraudulent transfer.
Replacement of Trustee
Represented a trust beneficiary in the disputed removal and replacement of a trustee over a trust valued in excess of $30MM.
Dismissal of Multimillion-Dollar Silent Fraud Claim Reversed
Obtained reversal of a premature dismissal of a multimillion-dollar silent fraud claim in Sixth Circuit U.S. Court of Appeals.
Internet Marketing Company Enforces Trade Secrets
Represented internet marketing company in an action to enforce its trade secret claims against its former chief technology officer and competitor. Successfully obtained an emergency temporary restraining order and preliminary injunction.
Summary Judgment and Attorney's Fees Awarded
Obtained a summary judgment and a six-figure attorney's fee award in an action brought in Indiana by an automotive dealer-subtenant and the dealer-controlled landlord seeking to terminate our client's position as lessee/sub-lessor.
Broker Wins on Commission Claim
Represented a business broker who was denied his commission despite his role in effectuating the sale of a multimillion-dollar waste hauling business. After a hotly contested proceeding, we successfully negotiated a very favorable resolution for our client.
Successful Settlement for Glaucoma Valve Manufacturer
Represented a glaucoma valve manufacturer in a suit brought on behalf of an eight-year-old plaintiff due to an allegedly defective valve. Plaintiff sought $1.5MM in damages. After extensive discovery and refuting the claims and numerous proposed experts through depositions, we were able to resolve the case before the summary judgment phase for nuisance value.
Gaming Resort Obtains Injunction Against Nightclub
Represented a gaming resort in an action against a nightclub that featured a number of provocative drug- and sex-themed adult entertainment vignettes. We obtained an injunction enjoining conduct of the nightclub. We developed case strategy with the client, drafted all pleadings and motions, managed all discovery, including overseeing a four-attorney document review team, and second chaired a nine-day evidentiary hearing where responsibilities included questioning over half of the witnesses.
Federal Circuit Decides Important Jurisdictional Issue
Obtained a favorable, published decision from the United States Federal Circuit Court of Appeals defining an important jurisdictional issue that ultimately led to a reversal of summary judgment in the Third Circuit U.S. Court of Appeals.
$2.7MM Awarded to Investor on Fraud Claim
Represented an investor before a three-member American Arbitration Association panel in New York City. Our client was awarded over $2.7MM, which included a finding of fraud by the brokerage company regarding investments in businesses prior to an Initial Public Offering.
Defense Verdict and Attorneys' Fees Awarded to Manufacturer in Sales Representative Matter
Represented a manufacturer and supplier of conveyor systems, principally for use in the automotive industry. Our client’s former sales representative filed suit alleging millions of dollars of commissions, plus seeking doubling of damages, attorneys’ fees, and costs under the Michigan Sales Representative statute. After weeks of arbitration hearings, our client was awarded a full defense verdict of no liability, as well as being awarded its own attorneys’ fees and costs. The former sales representative challenged the award in court, but lost both in the lower court and in the appellate court.
Property Tax Savings and Refund Awarded
Represented a large natural-gas-fired combined-cycle electric generating plant in a multimillion-dollar property tax appeal concerning the complex subject matter of power plant valuation. After extensive discovery and a full trial (affirmed on appeal), we obtained a judgment for our client resulting in the lowering of the property assessment by over $200MM. In addition to a multimillion-dollar tax refund to our client, the judgment resulted in millions of dollars in tax savings not only in the tax years under appeal, but also in subsequent years.
Summary Judgment for Plaintiff Affirmed
BMO Harris Bank, N. A. v. Victor Garcia; Lupe’s Body Shop, Inc., 10 CH 35697, Appellate Court Case No. 1-12-0403; 2013 IL App (1st) 120403-U.
Plaintiff Wins $1.15MM in Civil Rights Case
Represented a plaintiff in a civil rights case resulting in a $1.15MM judgment for our client following a nine-day jury trial.
Successful Representation of Partners
Successfully represented partners in a two-day American Arbitration Association hearing that effectively dismissed the million-dollar claims of the former 50% owner's son and terminated the son's management of the business in favor of his partners.
$850MM in Trade Debt Eliminated
Successfully represented a company that divested from its Fortune 100 parent by negotiating settlement agreements that resulted in the elimination of nearly $850MM in trade debt.
Summary Judgment Granted on Fraud Claims
Represented a land developer of a sports arena in a dispute with the city over the development agreement. We successfully won summary judgment on the fraud claims. City of Henderson v. Milam, 2013 WL 12078304 (Nev.Dist.Ct.).
Judgment of Non-Dischargeability
Obtained a judgment of non-dischargeability after a debtor replaced precious metal inside a safe, which was held as collateral for a loan, with building bricks. In re: Goldfinger Goldfinger (All American Jewelry & Loan, LLC v. Goldfinger Goldfinger), Adv. No. 11-01156-MKN (Bankr. Nev. 2012).
Commercial Retailer Wins on Easement Dispute
Represented a large commercial retail operation in an easement dispute between property owners in a large mall development. Our representation included argument before the Michigan Court of Appeals, who reversed the trial court's summary disposition ruling against our client, and instead, entered a summary disposition order in our client's favor.
Errors and Omissions Claim Successfully Settled
Represented an insurance broker, Brown & Brown, Inc. in a third-party action brought by United General Title Insurance Company and First American Title Insurance Company against Fiserv. In that action, First American Title alleged that Fiserv committed certain errors and omissions in rendering its information management services. Fiserv tendered the claim to Westchester Fire Insurance Company, who had issued the primary insurance policy in 2009-2010. Although Westchester initially represented that it would defend Fiserv, it later refused to do so, maintaining that those underlying claims applied instead to the 2008-2009 insurance policy which was issued by another company. Fiserv brought a declaratory action arguing that Westchester’s position that the 2008-2009 policies should apply was in bad faith. We successfully settled the matter. Fiserv Solutions, Inc. v. Westchester Fire Ins. Co., et al., E.D. Wis. 2:11-CV-00603-CNC.
Defense Under the Business Judgment Rule Prompts Settlement
Represented a former director of Broadway Bank in an action brought by the FDIC alleging that the approval of 20 loans by former directors and officers of the bank was grossly negligent and in breach of their fiduciary duties. The FDIC sought damages in excess of $115MM. We successfully defended our client under the Business Judgment Rule, and obtained a settlement where he did not contribute any of his personal assets. Federal Deposit Insurance Corporation as Receiver for Broadway Bank v. Giannoulias et. al., N.D. Ill., 12 C 1665.
Counsel in Representation Elections
Counseled an extended care facility in successive representation elections against the Laborers Union of North American and the UAW.
Representation of Recording Artist
Represented a multi-national, multi-platinum recording artist in a month-long jury trial.
Representation of National Bank in Bankruptcy Matters
Represented a national bank in a wide variety of matters including a successful motion for appointment of a Chapter 11 Trustee over a marina, successful motions for appointment of receivers for various real property developments, and successful defense of a fraud claim in connection with a settlement placed on the record in state court.
Recovery of Aircraft
Represented an equipment lessor and finance company in various matters involving recovery of an aircraft.
Judgment Obtained for Fraud
Obtained a judgment for fraud and breach of contract against a luxury boat dealership. Wolfe v. Yakubi, 2012 WL 10702543 (Nev.Dist.Ct.).
Successful Representation of Municipality in Pension Benefits Arbitration
Represented a large municipality in an arbitration over a grievance that sought to increase retiree pension benefits by several million dollars annually. We obtained an award in favor of the municipality denying the claim for increased benefits.
Judgment for Defense on Loss of Jet Aircraft
Following a one-week bench trial, we successfully obtained a judgment in favor of our client in a case brought by a law firm, which claimed fees and damages related to its representation in a case involving the loss of a jet aircraft.
Jury Awards $1.2MM Verdict Against Amtrak
Obtained a $1.2MM verdict against Amtrak for breach of an oral contract after two-week jury trial (U.S. District Court of Colorado).
Defense Verdict in Antitrust Action
Successful defense of Micron against antitrust and related claims, alleging participation in the price fixing of DRAM memory and a boycott of competing DRAM memory technologies. We obtained a defense jury verdict after a four-month trial.
$3.5MM Award for Large Apartment Complex Owner
Represented the owner of large apartment complex against a large national brokerage corporation involving allegations of fraud and double escrow. After a week-long trial, our client was awarded over $3.5MM.
School Administrator Awarded $670,000
Successfully represented a school administrator in breach of contract trial resulting in an award of $670,000 to the administrator.
Successful Dismissal of Executives Based Upon the Fiduciary Shield Doctrine
Obtained dismissal of counterclaims against individual executives of corporate client based on the fiduciary shield doctrine.
Appellate Court Upholds Judgment for Property Owner
Represented a property owner in an action involving damage caused by encroaching tree roots. We obtained an injunction requiring our client's neighbor to remove two trees due to encroaching tree roots following a two-day evidentiary hearing, and then obtained summary judgment resulting in a finding of alter ego, and judgments of $30,000 in compensatory damages, $80,000 in attorneys' fees and $100,000 in punitive damages, all of which were upheld on appeal. Prestige of Beverly Hills, Inc. v. Weber, 2012 WL 991696 (Nev. Mar. 21, 2012) (affirming judgment).
Defense Settles Ponzi Scheme Claim
Represented American Bank and Trust Company, N.A. in an action initiated by a receiver that alleged our client received fraudulent transfers in violation of a Minnesota statute from an entity selling loan participations. The complaint alleged that the funds transferred to our client were fraudulent transfers as they were the fruit of an illegal Ponzi scheme. Following a jury trial, we successfully settled the case on terms favorable to our client. Patrick Finn and Lighthouse Management Group, Inc. as Receiver for First United Funding, LLC and Corey N. Johnston v. Alliant Bank et. al., State of Minnesota, Dakota County, 19HA-CV-11-2212.
Charitable Beneficiary's Trust Distribution Protected
Represented a charitable beneficiary of a multimillion-dollar trust in an action to ensure the appropriate distribution of proceeds where the testator had created a significant ambiguity in the trust.
Representation of FDIC in Actions Involving FIRREA and Other Regulations
Represented the Federal Deposit Insurance Corporation in dozens of matters during the height of the economic downturn. We obtained the dismissal of numerous suits based on FIRREA and other federal banking regulations.
Successful Judgment on Construction Claim
Served as trial counsel in a breach of contract construction-related dispute, which resulted in a $500,000 judgment for our client following a five-day bench trial.
Stolen Proprietary Information Recovered
Successfully represented a digital marketing company in an action to stop a former employee from using proprietary information in a competitive business. The case was successfully mediated in front of a federal magistrate, resulting in the recovery of stolen information and a restrictive covenant that did not exist prior to the litigation.
LMRA Preempts State Court Class Action
Obtained a dismissal with prejudice of state court class action under the Illinois Wage Payment and Collection Act (seeking compensation for time spent donning and doffing equipment and gear) on basis of preemption by Section 301 of the Labor Management Relations Act.
Counsel in NLRB Conducted Representation Elections
Counseled largest Caterpillar subcontractor to victory in successive NLRB conducted representation elections against the United Automotive Workers.
Breach of Contract
Represented a felt sponsor of the World Series of Poker ("WSOP") who sued for breach of contract, alleging the WSOP allowed broadcasts of the client’s logo to be covered up with a competitor’s logo on television broadcasts. Ultra Internet Media, S.A. v. Harrah’s Interactive Entertainment, Inc., 2010 WL 5421420 (U.S. District Court, D. Nevada).
$9MM+ Awarded on Summary Judgment to Beneficiary of Life Insurance Policy
Represented the beneficiary of a life insurance policy where our client was awarded summary judgment in excess of $9MM, including defeating each attempt by the insurance company to void the insurance policy for inter alia, alleged fraud, misrepresentation, lack of an insurable interest, and failure to provide all documents required to make a claim under the policy. The judgment included statutory penalty interest at 12% and the court rejected the insurance company's efforts to avoid penalty interest.
Preemption Precedent Established in Organic Industry
Represented a large organic certifier in a series of class action lawsuits alleging liability for certain certification decisions regarding organic dairy operations. In complex briefing about the intricacies of federal organic regulations as well as federal preemption concepts, we won a complete dismissal of all claims against our organic certifier client. The dismissal was affirmed on appeal by the United States Circuit Court for the Eight Circuit. That case established a precedent on preemption in the organic industry that remains cited in federal district and circuit courts around the country.
Obtained Consent Foreclosure Judgment
Favorably negotiated a settlement resulting in a Consent Foreclosure Judgment on behalf of a lender.
Pro Bono – Dismissal Obtained
Defended three pro bono clients against criminal felony charges and obtained a dismissal order.
Investors Recover Money – Commodity Futures
Successfully assisted a group of approximately 35 investors in recovery of money invested in a nightclub. The LLC manager had commingled the investment with funds from a separate hedge fund to sustain the club. We coordinated return of monies with oversight from the Commodity Futures Trading Commission following litigation in federal and state court.
$1.3MM Jury Verdict Plus Case Evaluation Sanctions Upheld on Appeal
Successfully represented a company and obtained a jury verdict of over $1.3MM, plus case evaluation sanctions after a four-day trial. We alleged that the company asked its insurance agent to provide insurance in the amount necessary to be able to rebuild its building and replace its inventory in the event of a total loss. The jury verdict represented the amount over and above the amount of the insurance that was actually provided. Our representation also included argument before the Michigan Court of Appeals, where the jury verdict was upheld.
Injunctive Relief Granted
Successfully obtained emergency relief in the form of a temporary restraining order against a defendant to prevent it from drawing down on a $7MM letter of credit.
Litigation Counsel for Fortune 50 Retailer
Lead trial counsel for a Fortune 50 retailer client that selected the firm as a litigation "go-to law firm", including successful defenses of several multimillion-dollar lawsuits brought against this retailer, and lead counsel in several commercial plaintiff cases for same client.
Representation of Receiver
Represented a receiver in marshaling nationwide real estate holdings to secure, preserve, and where necessary, liquidate the same on behalf of thousands of investors who sued under various fraud and contract theories. In re: USA Commercial Mortgage Company, No. 2:07-CV-00892-RCJ-GWF (D. Nev. 2009).
Lead Trial Counsel for Dietary Supplement Manufacturer
Lead trial counsel for a popular dietary supplement manufacturer in numerous high stakes contract, business tort, trade secret, and trademark litigation matters nationally.
$1.1MM Settlement on Tax Investment
Represented an investor where we obtained a settlement of over $1.1MM from a broker and security company involving a complex tax investment.
Slander of Title and Negligence Actions Dismissed
Achieved dismissal on behalf of a financial institution against a borrower's slander of title and negligence causes of action.
Voluntary Dismissal Obtained
Obtained a voluntary dismissal of claims against the world's largest supplier of filters and filtration products.
Temporary Restraining Order Obtained Against In-House Attorney
Within 24 hours of being retained, we obtained a temporary restraining order that froze all assets of an in-house attorney who allegedly embezzled over $1MM from our client.
Emergency Injunctive Relief Prevents $100MM Sale of Automotive Supplier
Represented a financial advisor in an action to ensure payment of earned fees in which we successfully obtained emergency injunctive relief, preventing the $100MM sale of an automotive supplier.
Bankruptcy of Tier I Supplier
Represented the trustees assigned to negotiate, litigate, and resolve a billion-dollar claim pool in the bankruptcy and liquidation of a Tier I automotive supplier.
Case of First Impression – Court Holds That a Thief Cannot Fraudulently Convey Stolen Money
Lead attorney and victorious in a case of first impression in the Michigan Court of Appeals that involved a fake title company, alleged bogus loans, and fraud against an institutional lender where the issue was whether a thief can fraudulently convey stolen money. The court found that he/she cannot. Alliance Bancorp. v. Select Mortgage, et. al., COA Case No. 274853 (2008)(unpublished).
Counseled clients concerning withdrawal of recognition of LIUNA, UA, and the United Brotherhood of Carpenters and Joiners of America.
Representation of Largest Non-Union Government Employer
Counseled the largest non-union government employer in the State of Illinois that defeated a "card-check" organizing campaign against AFSME.
Successful Settlement for Minority Partner
After defeating summary dismissal attempts, we successfully obtained a settlement on behalf of a minority partner whereby the majority partner forfeited 40% of his interest in a real estate partnership in favor of our client, who then became the majority partner of the partnership with real estate holdings valued in excess of $8MM at the time of the settlement.
Real Estate Lease
Successfully represented the real estate subsidiary of a nationally recognized automotive manufacturer in an action brought by a dealer-tenant in state court in Hawaii, claiming that the our client had tortiously interfered with the plaintiff's attempt to assign a lease.
Successful Defense in Automotive Supplier Termination Action
Successfully defended a publicly traded company as lead counsel in a $10MM international automotive supplier termination and transition dispute.
$997,000 Jury Verdict Obtained for Equipment Company
Successfully obtained a jury verdict on behalf of an equipment company after a four-day trial of over $997,000, including interest for fire loss damages that were denied by the insurance company. The verdict was obtained after successfully negotiating payment of over $1.5MM for items that the insurance company eventually agreed to pay and after winning summary judgment regarding an additional $230,000 that the insurance company refused to pay. Representation included argument before the Michigan Court of Appeals where the jury verdict was upheld.
Successful Representation of 400+ School Districts
Represented more than 400 school districts in a trial over $50MM in annual unreimbursed costs that were incurred to comply with state mandates. The judge ruled in favor of the school districts, saving each of them hundreds of thousands of dollars annually.
Retailer Wins Case Against Seller of Counterfeit Major League Baseball Jerseys
Represented a retailer in a breach of contract case against a seller of counterfeit major league baseball jerseys. Obtained a favorable jury verdict after trial.
Representation of European Dairy Conglomerate During the Enron of Europe
Representation of trustee of a European dairy conglomerate in actions against major lenders and accounting firms, relating to fraud and illicit financing transactions that preceded its financial collapse, often referred to as the Enron of Europe.
$4.5MM+ Settlement for Land Owners/Developers
Represented land owners/developers and obtained a settlement in excess of $4.5MM in a dispute with a lender. We successfully took over representation of the client following dismissal of the matter for failure to state a claim in its second amended complaint, which was filed by another law firm. We filed a compelling third amended complaint that prompted the lender to settle.
$1MM Settlement and Non-Competes Obtained for Publicly Traded Company
Obtained over a $1MM settlement and five-year non-competes for a large publicly traded company in its suit against two former employees/officers accused of violating their fiduciary duties and restrictive covenants by competing during their employment (U.S. District Court for the Middle District of Florida).
Dismissal Obtained in Fraud Action
Obtained dismissal of an action for injunction and damages for alleged fraud in the issuance of stock. China Northeast Petroleum Holdings, Ltd. v. Topworth, 2007 WL 1746332 (U.S. District Court, D. Nevada).
Defense of Sales Representative Claim
Successfully defeated a multimillion-dollar sales representative claim.
Successful Defense of Sexual Harassment Claim
Represented a major financial institution where we obtained dismissal of a complicated sexual harassment claim. The dismissal was obtained immediately after the plaintiff's deposition was taken and damaging admissions were made by her as to her claims.
Lead Trial Counsel for Radiant Burner Manufacturer
Lead trial counsel for radiant burner manufacturer as plaintiff in a breach of contract case, resulting in an award of substantial damages that was affirmed on appeal by the Sixth Circuit.
Representation of Commercial Mortgage Lender
Defended a leading commercial mortgage lender and services provider against an attack by a major competitor who alleged improper servicing of commercial loan portfolios.
Represented Trustee in Recovering Fraudulent Transfer
Represented a Chapter 7 trustee in recovering a seven-figure fraudulent transfer from a large national company.
Successful Defense of Accounting Firm
Represented regional accounting firm in defense of accounting malpractice claims at trial. Successfully obtained a post-mistrial dismissal of the case as a discovery sanction.
Successful Representation of Kmart in Claims for Hurricane Losses
Successful representation of Kmart in civil and criminal litigation in Puerto Rico, arising out of insurance claims for hurricane losses, and alleged employee misconduct in the preparation of the claims, including the allegedly intentional destruction of inventory.
Successful Defense of Kmart in ERISA Class Action
Successful defense of senior Kmart executives in class actions asserting ERISA fiduciary duty claims relating to Kmart's employee savings plan.
Successful Arbitration for Financial Services Company Against Defecting Employees
Represented a financial services company in a multi-week arbitration against a group of employees who defected to a competitor, obtaining a high-six figures award against the employees and their new firm and denial of all counterclaims.
Real Estate and Forgery
Represented the former wife of a debtor in a case that involved several parcels of real estate and forgery issues.
Injunctive Relief Obtained Against Former Employee Under the Computer Fraud and Abuse Act
Obtained a temporary restraining order and preliminary injunction on behalf of national insurance broker against a former employee for violation of the Computer Fraud and Abuse Act and for trade secret misappropriation. With forensic evidence, we proved the employee had downloaded client lists and other trade secrets, and defragmented the company's hard drive to cover his pre-resignation activities (U.S. District Court for the Northern District of California).
Bankruptcy – Franchise Obligations not Discharged
Lead counsel for California municipality in matter that defeated bankrupt cable operator's effort to discharge franchise obligations.
Represented Franchisor in Bankruptcy and Intellectual Property Matters
Represented a franchisor in connection with a terminated franchisee's bankruptcy and the debtor's attempt to continue using the franchisor's trademarks, trade names, and service marks.
Dismissal of Fortune 50 Company Obtained on $59MM Claim
Successfully defeated a $59MM contract claim by securing an outright dismissal for a Fortune 50 company after seven years of litigation.
Antitrust and Copyright Claims
Represented international business machine manufacturer in defense of antitrust and copyright infringement claims brought by a competitor.
Case of First Impression – Supreme Court Enforces Provision Prohibiting Hiring of Formally Leased Employees
Represented a truck driver leasing company in trial court, appellate court, and Illinois Supreme Court in a case of first impression to successfully enforce a provision prohibiting our client’s customer from hiring the drivers it leased. H&M Commercial Driver Leasing, Inc. v Fox Valley Containers, Inc., 209 Ill.2d 52 (2004).
Nearly $30MM Obtained for NFL Stadium
Obtained nearly a $30MM recovery for an NFL stadium in a highly publicized dispute with a NFL franchise that threatened to abandon its lease and move to a new stadium. The case involved complicated and antiquated contracts, compounded by complex damage and mitigation issues due to the unique use and development potential of the stadium property. We also obtained dismissal of a related class action lawsuit brought by season ticket holders concerning stadium service fees. Percha v. Detroit Lions, Inc. and City of Pontiac, No. 240675 (Mich. Ct. Apps. Dec. 23, 2003).
Represented Trustee in Bankruptcy Matters
Represented a litigation trustee who pursued more than 600 preferential transfer cases in a large bankruptcy in western Michigan.
$3.8MM+ Arbitration Award
Represented a company where we obtained a $3,875,000 arbitration award after a 12-day arbitration hearing in front of a three-person American Arbitration Association panel. Our client successfully alleged that a large publicly traded company improperly pulled business away from our client and brought it in-house. The verdict was obtained despite the panel knowing that, on the first day of arbitration, our client would have accepted a settlement of less than $2.9MM.
$3.8MM+ Verdict Awarded for Tier II Automotive Supplier
Represented a Tier II automotive supplier against a Tier I supplier who had awarded our client a contract to supply a certain vehicle component for the life of the vehicle platform. After our client had invested millions of dollars into the project in reliance upon the contract award, the Tier I supplier subsequently withdrew the contract award when they determined that they could redesign and manufacture the component themselves at a significant cost savings. After a three-week trial, our client was awarded in excess of $3.8MM due to the Tier I suppliers actions.
$1.1MM Jury Verdict for Unpaid Commissions
Successfully represented a sales representative and obtained a $1.1MM jury verdict after a 10-day trial for unpaid commissions where the defendant rejected a $250,000 offer on the day the complaint was filed. The representation also included argument before the Michigan Court of Appeals where the jury verdict was upheld.
Summary Judgment Granted for Airport Under FLSA
Represented an airport in a collective action under the Fair Labor Standards Act brought by more than 30 plaintiffs. The plaintiffs claimed they were owed overtime for alleged on-call and waiting time. We obtained a dismissal on a Motion for Summary Judgment.
Settlement Obtained for Pharmacy in Unfair Competition and Lanham Act Suit
Successfully defended a small nuclear pharmacy against claims of unfair competition and violation of the Lanham Act. The matter settled shortly after the client obtained a favorable ruling on a motion for partial judgment. Syncor Int'l v. Biotech Pharmacy, Inc., No. 2:98-CV-01396 (D. Nev. 2002).
Large Recovery Obtained for NFL Football Stadium
Successfully obtained a large recovery for an NFL football stadium resulting from the breach of a lease by the NFL franchise, which vacated the stadium to move to a new venue during the lease term. The case involved complex damages and mitigation issues uniquely related to professional sports stadiums.
Trial Counsel for Automobile Manufacturer in Employment Matters
Trial counsel for an automobile manufacturer in the defense of numerous wrongful discharge and employment discrimination cases. In addition to obtaining summary judgments, we won a "no cause" verdict in a federal jury trial, which was subsequently affirmed by the Sixth Circuit.
Jury Finds in Favor of Defense on Reverse Race Discrimination Claim
Lead trial counsel and obtained a "no cause" jury trial verdict in a highly publicized and politicized reverse race discrimination and harassment case.
Abandoned Easements Revived
Representation of an industrial client whose neighbor was intent on leveraging concessions by using obsolete, but legal, recorded easements to restrict truck access to the plant. Reaching a deadlock, the parties were on the eve of filing suit. We worked with opposing counsel to ascertain previously abandoned easement access routes, thus avoiding costly and damaging litigation for our client. The parties operate to date using the easements created in the settlement.
Insurance –Y2K Claim
Defended an insurer in a multimillion-dollar Y2K claim in federal court resulting in an outright dismissal of the action.
National Counsel for Automobile Manufacturer
Served as national counsel for fuel tank litigation on behalf of a domestic automobile manufacturer.
Lead Counsel for Kmart in Securities Fraud Cases
Lead counsel for Kmart in the successful defense of consolidated 10b-5 securities fraud cases, which ultimately settled for nuisance value.
Dismissal of Sexual Harassment Claims
Obtained the dismissal of a defendant doctor in a sexual harassment and battery claim brought by a co-worker. The court further awarded summary judgment to the employer/hospital as it could not be liable for the doctor’s alleged sexual harassment based on our prior handling of the internal complaint of harassment and the hospital’s prompt remedial measures (U.S. District Court for the Northern District of Illinois).
Successful Defense of Startup Company
Successfully defended a startup company in an arbitration brought by its former VP of sales, defeating his claim for unpaid compensation and obtaining an order nullifying his stock rights, and later defeating his attempt to vacate the award in federal court.
Successful Class Action Suit Against Nevada Bell
Prosecuted a class action suit against Nevada Bell (subsidiary of SBC, now AT&T) on behalf of residents of Sandy Valley, Nevada after Nevada Bell unilaterally decided to cease providing telephone service to residents without providing for alternative service. Nevada Bell settled the matter and re-wired the entire valley, built a new substation, and provided service to all its residents. Rose Rosequist v. Nevada Bell, U.S. District Court ( Nevada).
National Grocery Chain Obtains Directed Verdict on ADEA Claim
Lead trial counsel for a national grocery chain and obtained a directed verdict in a federal ADEA discrimination jury trial.
Successful Defense of Kmart in ERISA Class Actions
Defended Kmart in multiple ERISA class actions in Texas and Colorado, arising from the stock sale of a subsidiary, Furr's Cafeterias and Bishop Buffets, and the alleged underfunding of the spin-off pension plan.
Defense Verdict on Age Discrimination Claim
Obtained a defense verdict following a two-week jury trial for a publishing industry employer accused of age discrimination (U.S. District Court for the Northern District of Illinois).
Trustee Successfully Defends Accounting Claim
Successfully defended an individual trustee at a bench trial lasting several weeks in the Circuit Court of Cook County against an accounting claim brought by one of the trust's beneficiaries.
Insurance – PCB Contamination of Golf Courses
Counseled and obtained a successful resolution of an insurance dispute involving PCB contamination of golf courses throughout the United States.
Truth In Lending Act
Jeffrey Strange v. Monogram Credit Care Bank of Georgia, Case No. 96-2903; 129 F.3d 943 (7th Cir. 1997).
Summary Disposition Granted – Insurance Coverage Disputes
Represented several insurance companies in numerous coverage dispute matters where millions of dollars of claims were asserted. We successfully obtained summary disposition rulings in favor of our clients. One such matter was the Dow Corning breast implant coverage litigation in which over $200MM in claims were asserted against numerous insurers. We acted as lead counsel in developing and implementing crucial litigation strategies that resulted in the court ruling in favor of our client in limiting the client's exposure, which lead to a very favorable settlement for our client.
Fraud Claim Defeated
Represented a Fortune 500 company sued by a nationwide class of individuals for fraud in the bankruptcy courts. Successfully defended the company through appeal to the United States Court of Appeals for the Seventh Circuit.
Insurance – Coverage Involving Breast Implants
Lead counsel for a primary insurer in a multimillion-dollar insurance coverage action involving silicon gel breast implants.
$5MM Jury Verdict for Physician Group
Secured a $5MM jury verdict for a physician group based on a verbal promise concerning a hospital emergency room service contract.
In re: William Duke, Case No. 95-2029; 79 F.3d 43 (7th Cir. 1996).
Successful Defense of Kmart in Actions Resulting from Sale of Pace Membership Warehouse
Defended numerous damages and injunction actions resulting from the sale by Kmart of its former subsidiary, Pace Membership Warehouse, and the closure of most Pace stores. Actions were filed in various jurisdictions around the country and the cases involved claims ranging from the alleged violation of continuous operation covenants to alleged violation of bulk sales notice and transfer requirements, as well as alleged fraudulent conveyances.
Lead Counsel for Municipality in Civil RICO and Antitrust Case
Lead counsel for a municipality in a successful civil RICO and antitrust case against waste hauling and disposal companies, a major city, and a variety of co-conspirators involved in a price fixing scheme relating to municipal waste disposal; and against the United States to obtain monies taken by the U.S. in criminal forfeiture. A large recovery was obtained.