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Dutch
Pension Funds»
We
represented two Dutch pension funds in federal lawsuits against a
major financial provider of investment and trust services. Our
clients lost hundreds of millions of dollars when the provider
failed to disclose material risks of collective investment funds
that were rendered worthless upon the failure of Lehman Brothers.
After depositions and exchange of expert reports, the cases settled
on favorable terms.
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"Top Hat"
Plan»
We
represented a public company, its key executives and its deferred
compensation plan in federal lawsuits in Philadelphia, San
Francisco, New Orleans and Washington D.C. regarding the “top hat”
status of the plan and the participants’ rights to account balances
under ERISA. After several rulings in favor of our clients, the
claims of all participants settled on favorable terms.
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Private
Equity Financing»
We defended
a digital watermarking company in litigation in Texas and New York
brought by an investor/supplier who claimed that the company and its
private equity owners breached their fiduciary duties in a round of
financing that altered the company’s capital structure. After
briefing and arguing motions to dismiss in the two jurisdictions,
the case settled through issuance of a promissory note to the
investor/supplier that was payable upon a change of control of the
company.
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Sale of
Aircraft»
We defended the seller of a 747SP aircraft in a lawsuit filed by a
foreign government for breach of contract and recovery of $1 million
in liquidated damages. After discovery, summary judgment motions and
a seven-day federal trial, we obtained a jury verdict that the
plaintiff had acted in bad faith and had suffered no actual damages.
After post-trial motions and appeal to the United States Court of
Appeals for the First Circuit, we obtained dismissal of the
litigation with our client paying nothing to the plaintiff.
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Commissions Due to Sales Representative»
We represented a sales
representative company in an arbitration against two limited
partnerships for commissions due for procurement of commercial
aircraft. A three-arbitrator panel, including the former Chief
Justice of the Maine Supreme Court, rendered an award in favor of
our client, including attorney’s fees, after a one-and-a-half week
trial.
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Telecommunications Contract»
We represented the reseller of long
distance telephone service against a telecommunications company at
the trial level, in multiple arbitrations, and on appeal regarding
contractual obligations under a volume
purchase agreement and related contracts. After successfully
litigating forum selection issues, we obtained a renegotiation of
the entire business relationship between the parties.
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Disputes Among Restaurant Owners»
We represented a co-owner and
president of a major Boston restaurant and underlying valuable
commercial property in claims against his close corporation and
co-owners for breaches of fiduciary duty and nonpayment of his loans
to the corporation. We also defended our client against claims of
excessive compensation, misappropriation of corporate opportunities
and mismanagement. After discovery and extensive mediation, we
obtained a buy-out of our client’s interests in the corporation and
property.
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Public Records Disputes»
We
represented a board member of the Massachusetts Turnpike Authority
in a lawsuit seeking disclosure of public records concerning
settlements of certain disputes with the prime contractor on the Big
Dig project. After extensive litigation and an interlocutory appeal
to the Massachusetts Appeals Court, we obtained release of all of
the public records in dispute. In another case, we obtained a
ruling that a redevelopment agency violated state law in failing to
maintain and preserve emails and electronic documents regarding a
controversial development project.
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Breach
of Stock Purchase Agreement for Golf Sportswear Company»
We
represented the purchaser of stock in a golf sportswear company in a
multimillion dollar case in federal court in Pennsylvania to recover
for breaches of representations and warranties concerning accounts
receivable, inventory and supply chain problems. The case also
involved issues regarding the enforceability of limitations of
liability in the stock purchase agreement, the recoverability of
categories of damages, the interpretation of a loan subordination
agreement, and amounts allegedly owed to the company’s former
president for wages, bonuses, loans and severance. After
extensive discovery and motion practice, the case settled on
favorable terms including a substantial reduction in the
promissory note payable by our client to the seller of stock.
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Breach of Stock Purchase Agreement for Educational Software Company»
We represented the sellers of stock in an educational software company in connection with post-closing disputes over release of escrow funds and payments owed the key stockholder employees. The disputes involved alleged misrepresentations regarding payment of current taxes and clear title to the stock. After extended negotiations with the acquiring company and the third party who asserted a claim to the stock, we obtained release of most of the withheld monies.
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Human
Resources Outsourcing Agreement»
We represented
a provider of human resource benefits outsourcing software and
services in a claim against a Fortune 500 company that improperly
terminated the agreement after merging with another company. After
mediation with a retired New York state judge, we obtained a $1.5
million settlement.
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Alleged
Fraud by Invoice Factoring Company»
We
represented a factoring portfolio service and management company,
its principal and employees in defending against a state lawsuit
alleging the company, its principal and employees defrauded a
creditor out of millions of dollars through the submission of a
series of alleged false or fraudulent invoices. After initial motion
practice, the case was settled under reasonable terms, including
dismissal of all claims against the company’s employees.
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Disputes Among Juice Company Owners»
We defended a trustee and
beneficiary of a family trust in a shareholder derivative lawsuit
involving operations of a successful juice company. The plaintiff
claimed that the sale and leaseback of company property to an entity
owned by some but not all of the family members was a breach of
fiduciary duty and misappropriation of a corporate opportunity.
After extensive discovery and mediation, the lawsuit was dismissed
with prejudice.
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Theft of Assets By Lawyer»
We represented the largest creditor
(owed $5.6 million) of a lawyer and his law firm for breach of
contract, embezzlement and other fraud-related claims arising out of
the misappropriation of client’s assets. The litigation began in the
Massachusetts Superior Court and moved to the Bankruptcy Court,
which ultimately found that there was no lawyer-client relationship
and therefore denied recovery from the law firm’s errors and
omissions insurance policy. See In re Mahoney Hawkes, LLP, 334 B.R.
41 (Bankr. D. Mass. 2005).
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Embezzlement/Negligence by Bank»
We represented a dress design
and manufacturing company in a claim against its bank for improperly
allowing the company’s controller to embezzle funds by issuing
checks without the required two signatures. We obtained a settlement
after sending a demand letter and negotiation with bank counsel.
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Disputes Among Dental Practice»
We defended a periodontist in a
lawsuit brought by his former employer and the co-owner of his
dental practice. After asserting counterclaims including shareholder
derivative claims against the plaintiff and his professional
corporation, we obtained a settlement.
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Telecommunication Access Charges under Federal and State Tariffs»
We defended
a telecommunications reseller in multi-party litigation in South
Dakota initiated by a series of local exchange carriers (LECs)
seeking to recover originating access charges and centralized equal
access charges under tariffs filed with the Federal Communications
Commission and the South Dakota Public Utilities Commission. After
successfully litigating motions to dismiss some of the claims, see
Alliance Communications Cooperative, Inc. v. Global Crossing
Telecommunications, Inc., 2007 WL 1964271 (D.S.D. July 2, 2007), we
succeeded in obtaining summary judgment on the remaining claims
against our client because our client was not a “customer” of the
LECs and any benefit enjoyed by our client was not provided subject
to the tariffs. See Alliance Communications Cooperative, Inc. v.
Global Crossing Telecommunications, Inc., 2009 WL 3233711 (D.S.D.
Sept. 29, 2009). See also Alliance Communications Cooperative,
Inc. v. Global Crossing Telecommunications, Inc., 2010 WL 582365 (D.S.D.
Feb. 11, 2010).
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Bonus For Government Relations Consultant»
We represented a
government relations subsidiary of a major Boston law firm in a
claim against a former client for a bonus due for successful work.
We won the right to proceed with the case in Boston after the
defendant unsuccessfully filed suit in South Carolina and sought to
have the dispute handled there. After mediation, we obtained a
settlement.
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Freeze-Out By Private Equity Investor»
We represented the
founders of a company that designed, fabricated and tested optical
products, and asserted a freeze-out claim against a private equity
investor which held most of the preferred stock in the company.
After sending a demand letter and pursuing negotiations, we obtained
a settlement specifying payouts to the founders and other common
stockholders upon the anticipated sale of the company.
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Misappropriation of Real Estate Opportunity»
We represented
owners of real estate used by a regional hardware chain for its
offices, warehouse and distribution facility, and defended a claim
by the owners of the hardware chain for misappropriation of the real
estate as a corporate opportunity. After correspondence and
presentations to the independent directors of the hardware chain, we
obtained a decision that the hardware chain would not pursue the
claim.
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Professional Malpractice In Forming Mass. Security Corporation»
We represented a public information technology company in claims against its law firm and Big Four accounting firm in connection with the formation of a Massachusetts security corporation subsidiary, the purpose of which was to reduce taxes. We won an arbitration award against the accounting firm after a weeklong hearing and then obtained a settlement from the law firm after opposing its summary judgment motion in separate litigation. The total proceeds obtained made our client essentially whole.
