An insurance company was sued by another insurance company for trademark infringement with respect to the companies’ names. Kent served as lead trial counsel representing the defendant in the action in... which plaintiffs sought an order requiring this major insurance company to change its name and demanded over half a billion dollars in damages. The case involved extensive discovery addressing a multitude of witnesses, experts and the like. Through aggressive and targeted discovery, Kent and his team at Reilly Pozner were able to undercut the plaintiff’s case and secure a settlement on the eve of trial with terms very favorable to the defendant, including no name change.
Litigation
Representation of Ingersoll-Rand/Trane
N/A
OUTCOME: Settlement
Ingersoll-Rand/Trane, a world-wide manufacturer of heating and cooling equipment, was defendant in a federal lawsuit involving the termination of an agent, antitrust allegations and related issues. Thi...s first trial (prior to Reilly Pozner’s involvement in the case) resulted in a judgment against Trane for $18 million on wrongful termination claims and dismissal of all of Trane’s counterclaims. After a Tenth Circuit appellate mandate reversing and remanding the case for re-trial, Reilly Pozner was hired to take over, with Kent serving as the senior case manager. The firm achieved not only the dismissal of all of plaintiffs’ claims against Trane, but also a $4.75 million judgment on Trane’s fraud counterclaim, as well as a substantial costs award. Kent also served as a central member of the appellate team that successfully protected the win at the appellate level. The case ultimately settled before a third trial in the matter with terms very favorable to Trane. In light of this success, Trane retained Reilly Pozner, with Kent again serving as senior case manager, in another multi-state agent termination case in Toledo. The firm secured the dismissal of all of the antitrust counterclaims and defeated the agent’s efforts to obtain a preliminary injunction preventing the termination in both the trial court and the U.S. Sixth Circuit Court of Appeals. The litigation also settled with terms very favorable to Trane.
Litigation
Representation of VALIC in Unfair Competition Lawsuits
N/A
OUTCOME: Ongoing
When the Variable Annuity Life Insurance Company noticed that its financial advisers (and their contact databases) were being aggressively recruited by the competition, VALIC retained Reilly Pozner as ...national counsel to protect its trade secrets and enforce its non-solicitation agreements in over 40 cases in courts around the country. Kent has served as the lead trial attorney in approximately half of these disputes. Due to the skillful use of temporary restraining orders and preliminary injunctions, VALIC has been very successful in the lawsuits and has seen a significant decrease in unfair competition by its former employees and a significant decrease in competitor recruitment.
Litigation
Representation of International Intellectual Property Law Firm Sued for Legal Malpractice
N/A
OUTCOME: Settled
An international intellectual property law firm was sued for legal malpractice in a patent prosecution case with $100,000,000 in damages alleged. Reilly Pozner, with Kent as lead trial counsel, was hir...ed to represent the law firm and its lawyers. Through aggressive discovery in the action, Kent and his team were able to uncover significant flaws in the plaintiff’s accounting of the events leading to a settlement with terms very favorable to the defendant law firm.
