Representative Business Litigation Cases
- We represented the seller of a telecommunications business against the buyer, a competitor, in a case for breach of the Stock Purchase Agreement. We asserted that the buyer had failed to pay the proper amount under a complex formula for payment that was contained in the agreement. We deflected claims by the buyer for breach of the anti-competition provision in the agreement, allowing the case to settle favorably for our client.
- We represented an attorney in a partnership dissolution case brought by her former partners, after they had shut her out of the business and attempted to deny her an apropriate share of the profits. We established that the partners had improperly excluded our client from the business, and we prepared a financial accounting demonstrating that she was owed significant amounts from the former partnership. The case settled, allowing our client to receive the profits to which she was entitled.
- We represented a pharmaceutical company and its owners in defending a claim for breach of a settlement agreement, and in prosecuting its cross-complaint for damages caused by the fraudulent diversion of its primary over-the-counter product. We proved that the plaintiff engaged in a complex web of deception with assistance from his co-conspirator in New Zealand, resulting in the devaluation of our client's product. After trial, our client obtained a defense verdict on the complaint, and an approximately $10 million judgment on the cross-complaint.
- We represented a billiards and game facility in a case against its landlord for breach of the commercial lease and interference with business. Prior to the trial, we obtained the specific performance that our client sought from its landlord. After a three-week jury trial involving disputed facts and economic analysis, our client obtained a judgment for interference with business.
- We represented a magazine publishing company in a case for breach of contract and breach of a bailment agreement brought by a photographer who had sent original negatives to the magazine. The negatives were admittedly lost by the magazine, but the amount of damages was disputed. The photographer sought over $90,000 in damages, but after a one-week trial, the jury awarded a small fraction of the amount sought.
- We represented an individual in a case brought by a former independent contractor who provided services to our client's trucking company, which specializes in the transportation and storage of high-end designer furniture. We obtained dismissal of the plaintiff's primary claim that he was a co-owner of the business and thus entitled to share in its profits.
- We represented an individual in a complicated accounting case alleging alter-ego and the fraudulent transfer of funds. At trial, we established that the defendant was the alter-ego of two corporations and that she had fraudulently transferred funds to herself and between her corporations in an effort to avoid collection of a judgment held against one of the corporations by our client, which we had obtained in a prior trial. After extensive post-trial briefing and review of financial exhibits by a Special Master, our client was awarded the full amount that he sought.
- We represented an individual and his new business in a partnership dispute with his former partner in a professional lighting company. After most of the issues raised in the case were settled by an agreed upon division of the partnership's equipment and assets, the few remaining issues were tried. Our client recovered the additional partnership assets that had been withheld by his former partner.
Primary Contact: Hillary Arrow Booth