Experience

Judgment Affirmed on Appeal in Insurance Case

The Missouri Court of Appeals for the Eastern District affirmed a judgment dismissing a case against an insurance company client with prejudice as sanctions for failure to appear. The Eastern District stated the trial court did not abuse its discretion in issuing sanctions and dismissing the case.

Dismissal of Claims Against Fire Expert Client

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.

Multimillion-Dollar Litigation Victory in Disputed Business Acquisition

Represented animal product manufacturer in investigation of regulatory defects in business acquired by client and litigation for breaches of acquisition agreement. Successfully prosecuted federal court litigation alleging more than $7 million in damages, resulting in highly favorable settlement for client.

Counsel to National Mortgage Servicer Defending Consumer Protection Claims and Affirming on Appeal Second Trial Judge’s Authority to Rule Conversely on Second Summary Judgment

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.

Trial Counsel on Breach of Contract Damages and Assignment of Contract, Affirmed on Appeal

Served as Plaintiff’s counsel and lead trial counsel on damages claim for breach of contract and/or negligence and rights on assignment.  Matter affirmed on appeal, per curiam.

Counsel to Secured Creditor in Farming Operation Litigation and Bankruptcy

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.

Representation of Design Joint Venture in $4 Billion LaGuardia Redevelopment

Represented the design joint venture in defense of claims from the $4 billion redevelopment of LaGuardia Airport Central Terminal B in New York City, the largest public-private partnership (P3) undertaken in the United States.

Nevada Supreme Court Affirms Ruling in Favor of Publicly Traded Client

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.

Defense of Convenience Store Client in Personal Injury Case

Represented a convenience store client in a jury trial before the Western District of Missouri in a case involving a slip and fall at a fueling station following a major winter storm. The plaintiff asked the jury for damages related to medical expenses, past pain and suffering, and future pain and suffering. Following a four-day trial, the jury assigned 94% of the fault to the plaintiff and only 6% to the client.

Defense Counsel for Mobile Advertising Platform Developer and Directors in Delaware Chancery Court

Served as defense counsel for a mobile advertising platform developer and its former directors in a Delaware Chancery Court action alleging breach of fiduciary duty and disclosure violations arising out of an M&A transaction.

Representations in Action Seeking Access to Company’s Records

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.

Defense Counsel for Employee Retirement Investment Funds in Two of the Largest Fraudulent Conveyance Actions in History

Served as defense counsel for employee retirement investment funds of a Fortune 100 company in two of the largest fraudulent conveyance actions in history, filed in the Southern District of New York.

Defense Counsel in Advancement Action

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.

Defense Counsel in Business Divorce Arbitration

Represented company and its officers and directors against former officer’s and shareholder’s breach of fiduciary duty claims in arbitration.

Defense Counsel Against Action to Obtain TRO, Preliminary Injunction

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 Leading Financial Institution Following Voluntary Restructuring of Bank in Azerbaijan

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.

Successfully Acting on Securitisation Litigation for Multinational Financial Institution

Successfully acted for a multinational financial institution in securitisation litigation in connection with the identity of the Controlling Party and Special Servicer termination.

Multimillion-Pound PPE Fraud during the COVID-19 Pandemic

Advised on obtaining urgent injunctions to restrain and recover assets arising out of the purchase of PPE during the COVID-19 pandemic.

Multimillion-Euro Shareholder Dispute

Advised in high-value unfair prejudice proceedings with assets in dispute up to the value of €50 million.

Advised on Complex Commodities Fraud

Advised in complex London Court of International Arbitration and International Chamber of Commerce conjoined arbitrations concerning allegations of bribery and agency in relation to global fertiliser trading.

Obtained High Court Injunctions Related to Major Sporting Event Ticketing Sales

Obtained numerous urgent prohibitory High Court injunctions in relation to the unauthorised sale of tickets to major sporting events including the Wimbledon Tennis Championships, Premier League football games and international rugby matches.

Advised on Numerous Committal Applications

Advised on numerous committal applications in respect of breaches of interim and permanent injunctions resulting in both custodial and suspended sentences, as well as successfully defending Court of Appeal applications to set aside committal orders.

Acted in Proceedings Involving the Unlawful Sale and Distribution of Tickets for a Major English Tennis Club

Acted for a grand slam tennis club in proceedings against event management companies and their directors in connection with the unlawful sale and distribution of the club’s tickets to its annual championships.

Acted for International Beauty Pageant Following Discrimination Allegations

Acted for international beauty pageant following allegations that the rules of the pageant are discriminatory.  

High Court Proceedings for Premier League Football Club Relating to Ticket Terms and Conditions

Acted for a premier league football club in various High Court proceedings in enforcing the club’s ticket terms and conditions against third party resellers. 

Secured Motion to Dismiss in Illinois Consumer Fraud and Deceptive Business Practices Act Case

Secured motion to dismiss with prejudice in Cook County Chancery Court for the client, a pharmaceutical company, in an action brought by the Illinois Attorney General against various manufacturers and distributors. The plaintiff alleged that the defendants had created a public nuisance and violated the Illinois Consumer Fraud and Deceptive Business Practices Act, and that the distributors had failed to properly examine and report suspicious orders of opioid medications.

Defense in $100 Million Proceedings in English Commercial Court

Acted for a defendant in $100 million proceedings in the English Commercial Court.

Acted for Client in Connection with Preference, Undervalue Transaction Claims

Acted for a U.K. company in connection with preference and undervalue transaction claims threatened against it by an administrator.

Advised U.K. Pharma Company in Defamatory Reporting Case

Advised a U.K. pharmaceutical company concerning defamatory reporting in the media about one of its key products.

Advised Overseas Pharma Company in Defense of High Court Proceedings

Advised a leading overseas pharma company in its defense of significant High Court proceedings.

Contact Us
  • Worldwide
  • Boston, MA
  • Denver, CO
  • Dublin, Ireland
  • Edwardsville, IL
  • Jefferson City, MO
  • Kansas City, MO
  • Las Vegas, NV
  • London, England
  • Miami, FL
  • New York, NY
  • Philadelphia, PA
  • Princeton, NJ
  • Salt Lake City, UT
  • St. Louis, MO
  • Wilmington, DE
Worldwide
abstract image of world map
Boston, MA
800 Boylston St.
30th Floor
Boston, MA 02199
Google Maps
Boston, Massachusetts
Denver, CO
4643 S. Ulster St.
Suite 800
Denver, CO 80237
Google Maps
Denver, Colorado
Dublin, Ireland
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
Google Maps
Edwardsville, IL
115 N. Second St.
Edwardsville, IL 62025
Google Maps
Edwardsville, Illinois
Jefferson City, MO
101 E. High St.
First Floor
Jefferson City, MO 65101
Google Maps
Jefferson City, Missouri
Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
Google Maps
Kansas City, Missouri
Las Vegas, NV
3770 Howard Hughes Parkway
Suite 200
Las Vegas, NV 89169
Google Maps
Las Vegas, Nevada
London, England
Royal College of Surgeons of England
38-43 Lincoln’s Inn Fields
London, WC2A 3PE
Google Maps
Miami, FL
355 Alhambra Circle
Suite 1250
Coral Gables, FL 33134
Google Maps
Photo of Miami, Florida
New York, NY
7 Times Square, 44th Floor
New York, NY 10036
Google Maps
New York City skyline
Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
Google Maps
Philadelphia, Pennsylvania
Princeton, NJ
100 Overlook Center
Second Floor
Princeton, NJ 08540
Google Maps
Princeton, New Jersey
Salt Lake City, UT
201 South Main Street
Suite 750
Salt Lake City, UT 84111
Google Maps
Salt Lake City, Utah
St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
Google Maps
St. Louis, Missouri
Wilmington, DE
1007 North Market Street
Wilmington, DE 19801
Google Maps
Wilmington, Delaware