Experience

Secured Unconditional Defense Coverage from Insurer for Client

Client company and its executives were sued by a former employee for various claims arising from allegations of sexual harassment. The client’s insurer denied coverage. After prevailing upon the insurer to withdraw its disclaimer, the insurer agreed to provide an unconditional defense and indemnity for the claims against the client.

Multimillion-Dollar Settlement for Executive in Wage and Commission Litigation

Successfully represented a corporate executive in a federal court litigation concerning wage and commission payments which, following initial motion practice, resulted in a $2.4 million settlement for our client.

Obtained Arbitration Judgment in Excess of $7 Million, Upheld by VA Supreme Court

Obtained arbitration judgment in excess of $7 million on behalf of IT services company, after the defendants wrongfully terminated a contract with our client and conspired with former employees of our client to divert a multimillion-dollar government contract. Successfully represented our client before the Virginia courts in proceedings to vacate the arbitrators’ award, which was ultimately upheld by the Virginia Supreme Court.

Scope of Massachusetts Workers Compensation Act’s Exclusivity Provision

In a case of first impression, successfully represented a food production facility before the trial and appeals courts, which both held that the exclusivity provision of the Massachusetts Workers Compensation Act barred the employee of a staffing company, who was injured performing services for our client, from suing our client.

Multimillion-Dollar Settlement on Behalf of Siblings in Dispute Over Family-Owned Commercial Real Estate and Business

Successfully represented three sisters in a dispute with their brother concerning allegations of misappropriated funds and ownership in commercial real estate, which resulted in a settlement of more than $3 million for our clients.

Obtained Injunction Enforcing Nonsolicitation Agreement

Represented staffing company in enforcing a nonsolicitation agreement that prevented former employees, who started a competing business, from diverting multimillion-dollar contract to their new business.

Defeated Motion to Cancel Notice of Pendency in $1.5 Million Dispute

Defeated a motion by property owner to cancel client’s notice of pendency on real property, on grounds that property owner was “alter ego” of parties who defaulted on the loans totaling $1,545,000.

Favorable Settlement in Long-Running High Court Case Involving Shareholder Dispute

Represented the minority shareholder of a sports and media consultancy in a Section 994 claim against a total of nine individual and corporate respondents, and in an application for injunction to prevent the individual respondents from using company money to pay their legal costs in defence of the petition. The High Court granted the injunction, citing the well-recognised principle that a company’s money should not be spent on disputes between shareholders. The respondents’ defence strategy included counterclaims and claims in Germany, but ultimately they settled.

$2.3 Million Judgment for Insurance Client

Secured judgment for insurance client and its insured in the U.S. District Court for the Eastern District of Missouri for more than $2.3 million in a case concerning which of two insurers would pay for the settlement of an underlying civil action. Following jury and bench trials in favor of the client, the court awarded nearly all damages sought as well as more than $646,000 in prejudgment interest.

Defense Verdict in Jury Trial for School District

Obtained a defense verdict in a Jackson County, Missouri jury trial in favor of our client, a school district. The plaintiff alleged reverse race discrimination, harassment and retaliation related to his termination as a constructive services department manager. The court entered summary judgment on the harassment and retaliation claims just before trial. The jury returned a unanimous defense verdict on the reverse discrimination claim.

Jury Verdict Affirmed in Slip-and-Fall Case

The Eighth Circuit Court of Appeals affirmed a verdict favorable for our client following a trial in which the jury found the plaintiff 94% at fault for a slip-and-fall following a major winter weather event. The Eighth Circuit affirmed the trial court’s ruling excluding portions of the plaintiff’s deposition designations, which sought to introduce the cost of the plaintiff’s future medical care and information regarding his future surgeries.

Secured Jury Verdict and Punitive Damages

Secured a jury verdict of over $20 million and $4 million in punitive damages against defendants regarding fraudulent activity by joint venturers concerning a failed hotel resort project in the Bahamas. The case won recognition as No. 4 in the Top 10 Verdicts in Florida in 2014.

Successfully Defended Auto Parts Assembler in Safety-Related Recall Claims

Defended auto parts assembler against breach-of-contract and indemnification claims arising from the large-scale safety recall of a sedan that cost its automaker $25 million. A jury in Oakland County, Michigan, agreed that the client’s assembly process did not cause the defect that led to the recall and rendered a no-liability verdict on the claim after a five-week trial, held just miles from the automaker’s U.S. headquarters.

Successfully Defended Financial Services Firm Against Whistleblower Claim

Led litigation team to win a crucial victory for a financial services firm, turning away a $5 million whistleblower claim against them.

Defended Corporations in Multimillion-Dollar Fraud Action

Successfully defended (at both the trial and appellate levels) several corporations in a multimillion-dollar fraud action, and obtained an award on behalf of the client for the attorney’s fees the client incurred in defending the action.

Represented Company Against Venezuelan State-Owned Entity

Represented a U.S. company in a $150 million federal bench trial against a Venezuelan state-owned entity.

Representation of National Managed Services Provider in Action Against International Owner of Luxury and Upscale Hotels

Represented a national managed services provider in an action against one of the largest international owners of luxury and upscale hotels. The case involved civil theft, constructive fraud and violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Settled favorably for our client.

Plaintiff’s Counsel on Numerous Books and Records Actions in Delaware Chancery Court

Served as counsel to various plaintiffs in Delaware Chancery Court for numerous books and records actions that led to recoveries from foreign companies that failed to comply with reporting obligations.

Lead Trial Counsel in Jury and Bench Trials Before State, Federal and Appellate Courts

Served as lead trial counsel in numerous jury and bench trials in the state and federal courts in Kansas and Missouri. Successfully argued numerous cases in the Kansas and Missouri appellate courts, and before the Eighth and Tenth Circuit Courts of Appeal. Cases have involved construction defects, architect and accountant liability, title insurance and bad faith, and creditors’ rights claims.

Counsel in Commercial Litigation, Foreclosure, Special Assets and Receivership Matters

Served as counsel to local, regional and national lenders in numerous commercial litigation and foreclosure, special assets and receivership matters involving the sale and liquidation of nearly every type of real property and collateral, as well as workouts, including: office parks, mobile home parks, factory, warehouse and manufacturing properties, retail centers, marinas, medical offices and equipment, transportation development districts (TTDs), liquor stores, turkey farms, cattle, farm products and equipment, hotels, dry cleaners and many more.

Obtained Judgment on the Pleadings in Real Estate Action

Obtained judgment for seller in a declaratory judgment action involving a property and insurance dispute.

Secured Jury Verdict for Client in Fraud Case

Served as lead trial counsel in securing jury verdict for client in connection with fraud in the inducement in commercial marketing agreement.

$19.5 Million Verdict in Complex Business Fraud Case

Secured a $19.5 million verdict for a prominent Miami physician and part owner of a family drywall business in Colombia, in a two-week jury trial regarding attempts to deprive the client of his 33.33% interest in the business.

Secured Dismissal for Banking Client in Loan, Foreclosure Matter

Secured motion to dismiss in St. Louis County Court for a Missouri state-chartered banking client. The plaintiffs claimed several million dollars in damages related to a loan and foreclosure by the client and filed claims alleging breach of contract, breach of implied covenant of good faith and fair dealing, breach of fiduciary duty, wrongful seizure and liquidation in a prior replevin case, and a wrongful foreclosure sale. The plaintiffs voluntarily withdrew their claims and set forth new claims of negligent misrepresentation or concealment, fraudulent misrepresentation or concealment and breach of contract/third-party beneficiary. The Court granted our motion to dismiss based on arguments of res judicata and failure to state a claim, and dismissed the claims with prejudice.

Dismissal of Case Seeking to Ban “Obscene” Book in Virginia

Secured the dismissal of a Virginia state court case seeking to ban the sale of a client’s book. A Virginia Beach General Assembly Delegate brought the action against our client and one of its authors, filed under a decades-old statue and alleging that the book – a memoir, told in graphic novel form, of the author’s own journey of realizing their nonbinary and asexual identity – was “obscene.” Argued that the statute was unconstitutional both facially and as-applied, and that the petition failed to state a claim under Virginia law. The Court agreed and found that the book could not be considered “obscene” under state law, as well as that the statute was unconstitutional in violation of due process and the First Amendment.

$7.5 Million Settlement Over Delayed Renovation of Historic Landmark

Negotiated a $7.5 million delay damages settlement for construction company client over the renovation of a National Historic Landmark building in New York City. The one-year project took three years for substantial completion due to design conflicts with existing conditions, interferences and changes, causing substantial increased costs for the client, a subcontractor. Successfully overcame legal hurdles including lack of privity, New York law that a general contractor is not liable for delay caused by an owner, and a “no damage for delay” contract clause.

Dismissal for Public Utility Owner, with Sanctions Against Plaintiff

Represented a public utility owner in a federal court case involving a complex commercial transaction, securing a dismissal with prejudice against a plaintiff resulting from our motion for terminating sanctions over the plaintiff's various discovery violations.

Successfully Defended Client in Wrongful Death Case

Conducted the investigation and successfully represented a national fast-food delivery company in a high-profile wrongful death case stemming from a shooting that occurred at one of the client's restaurants.

Advising Manufacturer on Exclusionary Pricing, Discriminatory Discounting Allegations

Advising a major industrial tools and equipment manufacturer in relation to allegations of abuse of dominance through exclusionary pricing and discriminatory discounting.

Dispute Over Awarding of €30 Million Contract

Representing a leading marine services company in relation to a public procurement dispute with a major port operator over the award of a €30 million maintenance dredging contract.