St Thomas, VI
Business Lawyer at St Thomas, VI
Practice Areas: Business
OUTCOME: Order upheld.
Ironridge Global IV, Ltd. obtained enforcement of stipulated debt settlement approved by court under Section 3(a)(10) of the Securities Act.
OUTCOME: Moiton to dismiss granted.
Plaintiff brought claim alleging securities fraud against Ironridge Global Partners, LLC based on it obtaining and selling stock pursuant to court approved Section 3(a)(10) exchange.
OUTCOME: Preliminary injunction denied and temporary restraining order dissolved.
Petitioner moved for a preliminary injunction enjoining Ironridge Global IV Ltd. from obtaining additional common shares of company in satisfaction of certain liabilities.
OUTCOME: Reversed and remanded.
After failed shareholder lawsuit, corporation and two of its directors brought action against shareholders' attorneys for defamation, lower court granted anti-strategic lawsuit against public participa ... tion motion, and corporation and directors appealed.
OUTCOME: Motion to dismiss granted; request for leave to amend denied.
Wholly Indian owned arts and crafts organization involved in distribution of authentic Indian arts and crafts sued company, under The Indian Arts and Crafts Act and The Indian Arts and Crafts Enforceme ... nt Act, for allegedly selling counterfeit Indian products. Company filed motion to dismiss, and organization filed request for leave to amend its complaint.
OUTCOME: Injunction granted.
Importer and its affiliated website construction service provider sued competing service provider for, inter alia, copyright infringement and unfair competition. Plaintiffs moved for preliminary injunc ... tion.
OUTCOME: Motion granted.
Creditor moved for award of sanctions against attorney and alleged president of Chapter 11 debtor, on theory that they had placed corporation into bankruptcy for improper purpose, solely to stay state ... court litigation between creditor and alleged president. The Bankruptcy Court held that: (1) amended sanctions rule, rather than rule that was in effect when the offending Chapter 11 petition was filed, would be applied to determine liability for Rule 9011 sanctions; (2) petition was filed for improper purpose; (3) sanctions would be imposed, jointly and severally, on president and corporation's attorney; and (4) sanctions would be imposed in amount of $10,000.
OUTCOME: Summary judgment affirmed.
Joint venturer brought adversary proceeding against Chapter 7 debtors and bank, claiming priority equitable interest in debtors' property that was subject of joint venture. Bank moved for summary judgm ... ent. The Bankruptcy Court granted motion. Joint venturer appealed. The Court of Appeals held that joint venturer failed to show that bank had notice of his alleged prior, unrecorded equitable interest in debtors' property.
OUTCOME: Reversed and remanded.
Issuer of standby letters of credit given by debtors to real property lender as additional security for deed of trust loan filed action seeking declaration that it was not obliged to accept or honor re ... al estate lender's tender of letters of credit or, alternatively, that if it were required to honor letters, then debtors were obligated to reimburse issuer under their separate promissory notes. Debtors cross-complained against issuer for cancellation of promissory notes and for injunctive relief. Lender cross-complained against issuer for wrongful dishonor of letters of credit and against debtors for breach of letter agreement not to take legal action to prevent lender from drawing upon letters of credit. The Superior Court denied motions for summary judgment, severed debtors' cross-complaint against issuer for cancellation of notes, severed lender's cross-complaint against debtors for breach of letter agreement, ruled that lender was entitled to recover from issuer, and that issuer was not barred from seeking reimbursement from debtors. Issuer and debtors appealed. On transfer the Court of Appeal denied writ on theory that lender's claims against issuer were barred by antideficiency statute. On further review, the Supreme Court held that statute providing that respective obligations of parties to a letter of credit transaction would remain unaffected by antideficiency laws applied retroactively to prevent issuer from raising antideficiency statute as defense.
OUTCOME: Orders annulled, matters remanded.
In separate disputes over reimbursement for workers' compensation claimant's medical evaluation and reports, medical clinic challenged orders of Workers' Compensation Appeals Board that clinic comply w ... ith discovery requests to turn over certain financial information. The Court of Appeal consolidated cases held that: (1) statute underlying dispute was not regulation of fees or prices; (2) statute did not violate the clinic's due process or equal protection rights; and (3) clinic had limited privacy right in certain requested financial information.
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