Litigation

Secured dismissal of abuse of process and malicious prosecution claims against our client, a fire origin and cause expert who had been retained by an insurance company to investigate a house fire. Based on the expert’s opinion that the fire was intentionally set, the insurer filed a declaratory judgment action seeking a determination of no insurance coverage. A jury found against the insurer and in favor of the homeowner. Subsequently, the homeowner filed suit against the insurer and expert for actual and punitive damages, alleging the expert “instigated” the declaratory judgment action by providing false information because he did not follow the proper scientific methodology contained in NFPA 921. The U.S. District Court for the Western District of Missouri granted the motion to dismiss all claims against the expert based on its finding that the expert did not instigate the declaratory judgment action, the declaratory judgment action presented an actual case or controversy, and the expert’s opinion met the requirements of Fed. R. Civ. P. 702 and NFPA 921.

Served as counsel to lender/servicer in defense of multi-count counterclaim for damages in context of foreclosure action, affirmed on appeal following differing decisions by original and successor trial judge.

Served as lead and trial counsel to lender in federal litigation for breach of contract, fraud, and replevin and for non-dischargeability and defense of lien avoidance in subsequent bankruptcy.

Prevailed in corporate litigation appeal before the Nevada Supreme Court. Shareholders invoked the "substantial benefit" doctrine and demanded that our client, a publicly traded corporation, pay $250,000 in attorney's fees because the corporation took corrective action in response to the Shareholders' demand letter. The Shareholders, however, never filed suit on the corrective action. The Nevada Supreme Court held that the substantial benefit doctrine in Nevada (analogously called the "corporate benefit doctrine" in Delaware) requires predicate litigation before shareholders can recover attorney's fees. This was a case of first impression for a state supreme court and implicates shareholder litigation across the nation.

Secured dismissal from a putative class action in the Eastern District of New York for the client, an au pair organization. The plaintiff asserted minimum wage and overtime violations of the Fair Labor Standards Act, the New York Labor Law, and the wage and hour laws of all other states; and sought to represent a nationwide FLSA collective action and a nationwide state wage-and-hour law class action. After moving to compel arbitration or dismiss, the plaintiff dismissed the client from the lawsuit.

Represented companies defending, and shareholders and members prosecuting, actions seeking access to a company’s books and records pursuant to Section 220 of the Delaware General Corporation Law and Section 18-305 of the Delaware LLC Act.

Defended company in Delaware chancery court in action brought by former officers and directors for advancement of attorneys’ fees and expenses under indemnification provisions of company’s corporate charter and separate indemnification agreements.

Served as defense counsel to employee and employee’s company against an action by former joint venture partner to obtain a temporary restraining order and preliminary injunction involving contested nondisclosure and noncompete agreements.

Successfully acted for a leading financial institution in a challenge against an application made to the High Court and the Court of Appeal by the International Bank of Azerbaijan (IBA). In accordance with the application, the IBA sought an order from the English Courts for a permanent moratorium against creditor action in England and Wales, following IBA’s voluntary restructuring in Azerbaijan.

Appeared as advocate on behalf of a defendant client in the County Court in an application for security for costs. Successfully achieved an award that the claimant pays security for the client’s costs and an order that 100% of the client’s costs of the application were to be paid by the other side. The presiding Judge reserved special praise in his Judgment for the quality of work done on the application, supporting documentation and verbal submissions at the hearing as being “thorough and of significant assistance to the court.”

Served as a member of the team that advises various sporting institutions on ticketing terms and conditions, and regularly takes enforcement action against individuals engaged in ticket touting activities at sporting events, including undertaking advocacy before High Court Masters. Also involved in bringing successful contempt of court proceedings against individuals in breach of court orders.

Assisted the partner in negotiating a favourable settlement on behalf of professional stage performers against their agent who had withheld payments, in breach of contract and trust. The dispute involved complex arguments concerning the creation of a Quistclose trust.

Successfully recovered several multimillion-pound leases of commercial property from bona vacantia by restoring a company to the register when a director had inadvertently wound up the company without first transferring the active leases out of it. An adversarial landlord was successfully resisted despite seeking to exploit the situation for financial gain, and there was no cost to the client other than the legal fees.

Acted for equestrian stables in defending proceedings brought under the Consumer Rights Act 2015 by a purchaser of a horse. Resisted the claim and at mediation negotiated a settlement whereby a nominal payment was made as a gesture of goodwill, caveated to supporting the horse’s welfare.