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.

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.

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.

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.

Advised Leading International Business in Issues Related to a U.K. Social Media Campaign

Advised a leading international business concerning issues arising out of its proposed U.K. social media campaign.

Shareholders Dispute for Ultra High-Net-Worth Individual

Advised an ultra high-net-worth individual in a significant multi-jurisdictional shareholders dispute.

Advised on Division of Multinational Business Including Parallel Proceedings in the U.K. and U.S.

Advised on a high-value dispute concerning the division of a multinational business (with parallel proceedings in the High Court in London and across the U.S.).

Defense Verdict for Wireless Carrier

Obtained a defense verdict in a bench trial for a major wireless telecommunications carrier after a landlord sought to evict the wireless carrier from its premises and force the removal of a tower.

Favorable Settlement and Dispute Resolution for Animal Feed Producer

Successfully opposed efforts to seek class certification in U.S. District Court for the Eastern District of California in case founded upon consumer fraud claims, resulting in a favorable settlement for the client and elimination of continued liability exposure.

Litigation Counsel for Craft Brewery

Represented a regional craft brewery in the course of dispute with distributor’s breach of agreement.

Breach of Contract Judgment in Favor of Business Products and Services Client

Secured judgment in favor of a business products and services client in a breach of contract dispute with a former customer, who stopped paying invoices on a 60-month contract. The client filed suit in Jackson County, Missouri, Circuit Court for breach of contract and quantum meruit seeking liquidated damages and unpaid invoices plus interest. The defendant denied that the client was entitled to pre-judgment interest and liquidated damages. Following a bench trial, the judge found in favor of the client on all claims and awarded all damages plus interest.