Commercial and Individual Litigation

Our lawyers represent corporations and individuals in a wide range of disputes — whether class actions, arbitrations, government investigations, civil or criminal litigations — and subject matters, including securities, insurance recovery, unfair or deceptive trade practices, product safety and liability, contract breach and enforcement, and fraud. Whether bringing an action to right a wrong or defending against an aggressive opponent, you get a business, tech-savvy team with the experience, talent and commitment and a track record of success to prevail for you.

James Bennett, et al. v. Roy Moore, et al. (Bexar County, Texas). Represented minority common shareholders’ claims of fiduciary duty and fraud against company’s directors and officers, investment bank, and Landis + Gyr in connection with sale of company to Landis + Gyr. Defendants settled mid-trial for an amount in excess of ten times our client’s investment.

American Health Advisors v. The University of Texas System, et al. (State Court of Texas, Travis County). Represented plaintiff American Health Advisors in a breach of contract action against the University of Texas for failure to pay for the implementation of a system created by American Health for the tracking and reimbursement of Medicare and Medicaid expenditures by the UT hospital system. Obtained jury trial verdict of $10 million.

Cable & Wireless USA v. MCI WorldCom (Arbitrations). Represented Cable & Wireless in a dozen domestic arbitrations relating to various commercial disputes over the sale of UUNet to Cable & Wireless by MCI as a condition of its merger with WorldCom. Recovered over $350 million for Cable & Wireless in the various arbitrations.

GTE Corp. v. XL Insurance Company (London, England). Insurance Coverage Arbitration. Represented plaintiff GTE in an arbitration brought by Verizon (GTE) for costs and losses incurred for required alterations to communications systems to comply with Y2K requirements under certain insurance contracts.

Verdeo Sindicatum Corp. v. Murray Energy Corp. (N.D. West Virginia). Secured preliminary injunctive relief enjoining defendant’s threatened non-performance of a Ventilation Air Methane Project Agreement.

Hart Surgical v. UltraCision (Arbitration). Represented surgical instrument manufacturer against claim that it improperly terminated distributor. Case settled for fraction of claimed damages after claimant dropped demand for reinstatement.

Luitpold Pharmaceuticals, Inc. v. Ed. Geistlich Sohne A.G. Fur Chemische Industries (S.D. NewYork) Represented Luitpold in distribution dispute over dental bone graft products. Case settled favorably days before trial when both of Geistlich’s damages experts were excluded on Daubert grounds.

James Valley Cooperative Telephone Company and Northern Valley Communications v. South Dakota Network, (Brown County, Fifth Judicial Circuit, South Dakota). Represented plaintiffs in commercial dispute involving access to telecommunications network. Settled favorably weeks before trial.

Joshua Dean Nelson (Tele Facil) v. the United Mexican States (ICSID Case No. UNCT/17/1). International arbitration under the NAFTA on behalf of owners of telecommunications company who had their investment appropriated by actions of agencies of the Government of Mexico.

MBIA, Inc. v. Fed. Ins. Co. (S.D. New York). Represented Plaintiff MBIA in an insurance loss recovery case against insurance carriers.

National Credit Union Administration v. Ronald Peterman (W.D. Pennsylvania). Represented credit union president against fraud and breach of fiduciary duty claims. Case settled before summary
judgment decided.

Sta-Rite Industries, LLC and Pentair Pump Group, Inc. v. Franklin Electric Co., Inc. (N.D. Ohio). Represented Defendant Franklin Electric in matter alleging breach of settlement agreement and tortious interference with prospective business relations.

The Mediators, Inc. v. Wang Laboratories (District of Kansas) Represented Wang in claim and counterclaim against the plaintiff for breach of a distribution agreement. Obtained judgement against plaintiff.

Travelport, LP v. American Airlines, Inc. (Circuit Court of Cook County, Illinois). Contract Case Preliminary Injunction – Bench Trial (2010). Represented defendant American Airlines defending allegations of improper contract termination.

Confidential Arbitrations Our attorneys have significant experience managing confidential arbitrations. We recently handled such an arbitration before a Three-Judge Panel, where we obtained a complete defense verdict as trial counsel for a leading engineering, procurement and construction management company. The arbitration was brought by a leading power company, which was represented by a preeminent boutique trial firm. The arbitration involved a $3.5 billion, technologically complex power plant; our opponent sought nearly $2 billion in damages.

We also acted as Counsel for a national debt collection company in a three-judge arbitration involving claims of breach of contract, stemming from FTC and FDIC investigations.