My clients, two musicians, were sued in federal court for copyright infringement for allegedly recording on their new album songs from a prior band that my clients allegedly did not have the rights to ...use. Using an aggressive defense strategy, the opposing party voluntarily dismissed their lawsuit just 28 days after service of the lawsuit on the condition that my clients would not move for sanctions and/or an award of attorney's fees.
Litigation
Successful Fraud Defense Plus Attorney's Fees
Nov 21, 2011
OUTCOME: Dismissal
Plaintiff alleged my long time client was liable for a $400,000.00 out-of-state judgment, plus attorneys' fees and punitive damages. Ultimately, I made the plaintiffs voluntarily dismiss their case. ...I also made the plaintiffs' attorney pay a significant portion of my client's attorney's fees.
Class action
Georgia Debt Settlement Class Action Defeated
May 01, 2011
OUTCOME: Plaintiff's voluntary dismissal
I secured a significant victory on behalf of a long-time client in defense of a class action lawsuit alleging the client violated the Georgia Debt Adjustment Act (O.C.G.A § 18-5-1, et. seq.). Superio...r Court Judge Linda Warren Hunter, entered an Order enforcing an arbitration provision in the debt settlement consumer's agreement. Despite the complaining parties' reliance on several prior court decisions refusing to enforce almost identical arbitration provisions, I adapted recent developments in national and state arbitration law to secure the win. In response to the order compelling arbitration, the plaintiff dismissed his case and did not file an arbitration.
"We are most pleased with the Court's well-reasoned ruling in this matter. The law is clearly on our side on this one and was expertly articulated by Rich and David," said in-house counsel for my client.
Debt Settlement companies have been under attack since Georgia revised its laws in 2003 to provide consumers the ability to obtain the return of all fees, charges or contributions paid by the consumer plus a $5,000.00 penalty if they can prove a violation of the law. Georgia's Debt Adjustment Act is one of the strictest in the nation, providing a cap on the fees debt settlement companies can charge and requiring trust funds, annual audits, state reporting and liability insurance. Plaintiff's attorneys have seized on the statute's rigid requirements and hefty statutory penalty and continue to file aggressive class actions at a relentless pace.
Any company providing debt settlement, debt management or debt negotiation services, including companies providing support services, such as payment processing and account management, should consult with legal counsel to ensure they comply with Georgia's strict laws. Likewise, service agreements should be well crafted to protect settlement and servicing companies in the event they are sued.
Class action
RICO Class Action Defeated
May 01, 2011
OUTCOME: Summary Judgment for the Defense
In a summary judgment order issued by U.S. District Court Judge Lisa Godbey Wood, the Court dismissed the plaintiffs’ putative class action alleging violations of Georgia’s Racketeer Influenced and... Corrupt Organizations (RICO) statute premised on mail fraud and wire fraud. The case focused on the sale of undeveloped lots in a resort community developed by a long time NYSE traded client. Plaintiffs, on behalf of a putative class of approximately 700 lot purchasers, sought treble damages, punitive damages, and attorneys’ fees totaling in excess of $100,000,000.00. The decision reinforces the value of a well-crafted merger clause in real estate sales contracts and the importance of distinguishing between reliance and proximate cause in RICO actions premised on mail or wire fraud.
