Summary Judgment for Client in Dispute over Acquisition
Represented a sports and entertainment client in a dispute over its acquisition of another company. Plaintiff alleged the acquisition violated an exclusivity provision it had to acquire a subsidiary of the acquired company. The U.S. District Court for the Northern District of Texas granted summary judgment to our client on all of the plaintiff’s claims.
Representation of Aerospace Company Manager in False Claims Case
Represented the manager of a large aerospace company charged criminally with false claims violations in connection with the space shuttle program. The case resolved with a pre-trial diversion agreement.
Representation of Chemical Company in RCRA, Clean Water Act Investigation
Represented a chemical company and environmental plant manager in a Resource Conservation Recovery Act (RCRA) and Clean Water Act grand jury investigation, and negotiated a resolution.
Representation of Physician in Criminal Medicare/Medicaid Case
Represented a physician charged criminally with violations of the Medicare/Medicaid Anti-Kickback Statute and for patient mistreatment. The physician was charged in 48 counts. Following a three-month jury trial, the physician was found not guilty on all but three counts, and the convictions on the three remaining counts were thrown out.
Indictment Dismissed for Oil Field Supervisor Charged with Clean Water Act Violations
Represented an oil field supervisor charged with criminal violations of the Clean Water Act. The Department of Justice and Environmental Protection Agency attempted to expand the scope of the negligent discharge section of the Clean Water Act by charging our client and his company for failure to promptly remediate and control an accidental leak caused by a ground shift – not by their own actions. The U.S. Attorney's Office for the District of Montana and the EPA agreed to dismiss a two-count indictment against the client.
Prosecution Declined in False Statement Investigation of Former CFO
Represented the former chief financial officer of a solar panel manufacturer in connection with a false statement investigation related to President Obama's green energy initiative. The United States Attorney's Office for the District of Colorado declined prosecution.
Representation of Austrian Businessman, Companies in RICO, COCCA Suit
Represented an Austrian businessman and various Austrian companies in connection with a suit alleging Racketeer Influenced and Corrupt Organizations Act (RICO) and Colorado Organized Crime Control Act (COCCA) violations.
Representation of Big Five Firm in Chinese Government Action
Represented a Big Five accounting firm in an action instituted by an arm of the Chinese government.
Representation of Commodities Broker Charged with Trading Violations
Represented a commodities broker charged criminally with trading violations on the floor of the Chicago Mercantile Exchange.
Representation of Environmental Lab in Reporting Fraud Investigation
Represented an environmental laboratory in a grand jury investigation of potential reporting fraud and received a declination.
Representation of Food Distributors in Grand Jury, Criminal Investigations
Represented food distributors in grand jury investigations and criminal cases alleging transportation of adulterated meat and poultry products.
Representation of Gas Utility in Qui Tam and Related Actions
Represented a gas utility company in qui tam and related actions alleging underpayment of royalties for natural gas.
Representation of Major International Athletic Committee in Grand Jury Investigation
Represented an Olympic organization in connection with a grand jury investigation related to the awarding of the Olympic games.
Representation of Meat Producer in Criminal Case Following E-Coli Outbreak
Represented a meat producer in a criminal false statements case arising from an e-coli outbreak. Following a three-week trial, the client was acquitted on all counts.
Representation of Medical Device Manufacturers in Qui Tam Actions
Represented various medical device manufacturers in qui tam actions arising from the submission of alleged false claims.
Representation of Municipal Officials in Bribery, Extortion Claims
Represented various former municipal officials charged criminally with bribery and extortion.
Representation of Natural Gas Trader in False Trades Investigation
Represented a natural gas trader in connection with a grand jury investigation pertaining to the alleged reporting of false trades and received a declination.
Representation of Top Athletes in Promotional Disputes
Represented various Olympic athletes who compete in a major international multi-sport event in disputes related to promotional issues.
Representation of Trading Company in Kazakhstan Government Action
Represented a trading company in an action brought by a Kazakhstan government entity relating to the purchase and sale of Kazakhstan oil.
Representation of Sports, Media Organizations
Successfully represented several large sports and media organizations.
Representation of Telecom Executives, Investment Company in Securities Violations
Represented executives of a large telecommunications company and an investment company investigated regarding alleged securities law violations. One individual was sued by the SEC, and following a multi-year discovery, where Armstrong Teasdale took the lead for defense counsel on over 60 depositions, we persevered on summary judgment.
Dismissal of Multi-State Unpaid Overtime Class Action Claims
Obtained dismissal of numerous state law class action claims based on lack of standing in a multi-state unpaid overtime lawsuit in the United States District Court for the District of Colorado, resulting in a substantial reduction in the potential size of the class and, accordingly, substantially reducing the company's potential exposure.
Successful Arbitration for Financial Advisory Firm
Secured favorable outcome for our client, a financial advisory firm, in a two-phase arbitration. Phase one involved interpretation and application of a lowest contractual fee schedule provision in a subadvisory agreement. After a six-day hearing, an arbitration panel awarded award our client over $750,000; rejected a request by our opponent for $680,000; and found that our client was the prevailing party for purposes of a fee award. Phase two addressed alleged violations of confidentiality and noncompete provisions, for which the opponent sought more than $17.5 million in damages. The arbitration panel rejected the confidentiality claim and awarded less than $95,000 on the noncompete claim, amounting to just 0.5 percent of the damages requested.
Received Declination in FCPA, Bribery Investigation in Afghanistan
Conducted an investigation in Kabul, Afghanistan, in connection with FCPA and bribery allegations and received a declination. In connection with that matter, visited Afghanistan on two occasions to interview witnesses and conduct a forensic computer examination.