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.

Dismissal from a Putative Class Action Lawsuit

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.

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.

Sweeping Victory in Dispute, Arbitration Involving $500 Million Fee for Hong Kong Insurance Company After Failed Acquisition

Successfully represented one of the largest insurance companies in China in a dispute with a large American insurance company related a $500 million break-up fee after a failed acquisition. A five-day Hong Kong arbitration resulted in a sweeping victory on all counts allowing the client to retain the $500 million fee.

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.

Successful Client Outcome Earns Judicial Praise

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.”

COVID-19 and the English Football League Season

Advised a professional football club about the decision by the English Football League to end the 2019/20 football league season early as a result of the impact of COVID-19.

Enforcement of Ticket Terms and Conditions on Behalf of Sporting Institutions

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.

Defending a Cross-Continental Claim Brought Against a Pharmaceutical Company

Assisted a client in the pharmaceutical industry in defending a multimillion-pound contractual claim brought against it. The high-value dispute included complex multi-jurisdictional issues concerning security for costs and e-discovery.

Negotiated Settlement of a Trust Dispute Between Performers and Their Agent

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.

Negotiating a Significant Insurance Settlement in Contested Insurance Claim

Represented a non-English-speaking director of a distribution company in a dispute with its insurer in an insurance claim. Negotiated a full settlement of the claim worth nearly half a million pounds.

Recovery of Property from Bona Vacantia

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.

Negotiated Settlement of a Contested 1954 Act Lease Renewal Claim

Assisted the owner of a significant freehold building in West London earmarked for substantive redevelopment in a contested 1954 lease renewal claim brought by a high-profile leasehold tenant. Disposed of the court proceedings by consent after successfully arguing that section 30(1)(f) of the 1954 Act had been satisfied.

Successful Mediation Regarding an Equestrian Horse

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.

Protecting Well-Known Wholesaler from Carousel Fraud

Successfully resisted a fraudulent winding up petition brought against an international wholesaler under the pretence of fraud, and in doing so uncovered and exposed a multimillion-pound carousel fraud that had been committed against it.

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.

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