Experience
Vindicated CEO Terminated For “Cause” and Denied All Compensation
Successfully represented former CEO of publicly traded international business in dispute arising from the company’s termination of our client “for cause” and denial of all incentives and other compensation due to the client.
Successful Objection to Massive Class Counsel Fee Request
On mega-settlement of antitrust action, obtained a judgment order reducing class counsel’s fee award by eight-figures – notwithstanding our client’s prior written agreement to the higher amount class counsel requested in fees.
Summary Judgment on Challenge to Association Bylaws
Prevailed on summary judgment for directors of a leading national professional association on a challenge to a bylaws amendment brought in a derivative action by association members who were also leaders of a rival professional association that opposed the amendment.
Dismissals Lead to Favorable Settlement
Obtained the dismissal with prejudice of multiple claims brought by one financial institution against another arising out of a data breach led by fraudsters, facilitating a favorable settlement of the sole remaining claim.
Successfully Defended Health Care Consultants and Health Care Attorney in Multiple Civil, Bankruptcy and Investigative Proceedings
Successfully defended a health care consulting firm and a health care attorney in multiple civil, bankruptcy and investigative proceedings relating to disputed process and handling fees paid to physicians by testing laboratories.
Favorably Settled Claims by and Against a Revenue Cycle Management Company
Obtained a favorable settlement of claims brought by and against a revenue cycle management company arising from the early termination of its multi-year collection contract with a large regional physician group.
Judgment for Commercial Real Estate Owner, Voiding Rejected Purchase Contract
Obtained a judgment order for a commercial real estate owner that held a property sales contract void under an attorney modification clause and dismissed the buyer-plaintiff’s claim with prejudice.
Litigation Success Leads to Negotiated Victory for a National Hotel Operator
After substituting in as counsel for a commercial tenant in an eviction action, amended to add claims that the landlord and its affiliate had breached the lease's territorial-exclusivity covenant and sought discovery on the affiliate’s profits from the forbidden competition with our client. After the court ordered our opponents to provide the discovery, the landlord relented and entered into a 50-year lease that ceded operational control of the property to our client, reversing the landlord’s longstanding opposition to such terms.
Obtained Landmark Appellate Ruling Defeating ERISA-Preemption Defenses to Fraud and Tort Claims
Represented a medical device provider in payment claims against a leading insurer that resulted in a landmark ruling by the U.S. Court of Appeals, Fifth Circuit, sustaining our client’s fraud and tort claims against ERISA-preemption defenses
Appellate Victory Affirming Court-Ordered Removal of Illegal Billboard
The Illinois Appellate Court affirmed a summary judgment order we obtained, compelling the removal of an illegal billboard that stalled completion of a shopping center development.
Appeal Affirms Dismissal of Class Action at the Outset
Prevailed for our national client on a putative class action at the outset, executing a strategy to moot the named plaintiff’s claims before the expense of class certification and merits proceedings even began. The dismissal with prejudice of plaintiff’s claim was affirmed on appeal.
Arbitration Award in Favor of a Retail Gas Supplier
Obtained an arbitration award for a retail gas supplier awarding it every dollar it sought in damages, attorney’s fees and arbitration expenses on its claim to enforce two unsigned contract amendments.
$18 Million Settlement of Arbitration for Coal Purchaser
Obtained an $18 million settlement, reached during arbitration, for a coal purchaser arising from a producer’s failure to deliver low-priced coal as market prices rose.
Arbitration Award in Favor of a Retail Power Seller
Won an arbitration award in favor of a retail power seller denying a commercial customer’s claim for purported overcharges and awarding our client all of its arbitration expenses.
Investors Awarded $18.9 Million in Securities Fraud and Mismanagement Dispute
Arbitrators awarded our investor-client $18.9 million on claims of mismanagement and securities fraud against the founder/manager of two closely held investment vehicles.
Arbitration Award and Federal Court Judgment Free Energy Company to Sell Overseas Assets
Obtained both an arbitration award and a federal court judgment in favor of subsidiaries of a publicly held energy company, restraining frivolous multimillion-dollar litigation in Guatemala, which freed our client to sell its assets in that country.
Favorable Settlements for Customers Victimized by Broker Ponzi Scheme
Secured favorable settlements for multiple former clients of a broker who misappropriated over $100 million from several dozen customers, while misrepresenting that their accounts had grown to approximately $275 million in value.
Complete Victory for Defendant/Counterclaimant at Trial, Affirmed on Appeal
Defeated all claims against a building owner at trial and obtained a seven-figure judgment on the owner’s counterclaim against the contractor and its principals, including on veil-piercing theories and an award of attorney’s fees. The victory was affirmed on appeal.
Injunction Permits Sale of Merger Stock
Obtained an injunction for a client charged with fraud by the public company to whom she had sold her energy consulting business, which permitted her to sell millions of dollars of restricted stock she received in the disputed merger, a victory that was followed by a seven-figure settlement payment reported in the company’s next SEC filing.
