OUTCOME: favorable settlement after motion for summary judgment and related hearings
I successfully litigated (2009-2013) and resolved our client’s claim for breach of stock purchase agreement and related unauthorized transfers of intellectual property in matter involving former compan...y shareholders. The case involved over 20 depositions and hundreds of thousands of documents in e-discovery, which we efficiently reviewed and analyzed through use of cutting-edge software.
Insurance
McNeill Farms v. QBE Insurance, et al.
Dec 04, 2012
OUTCOME: Partial summary judgment in favor of my client, with agreed settlement of remaining claims
I represented the insurer in defending a claim relating to hail damage at a 100+ unit condominium complex in Columbus, Ohio. After gathering data, working with experts, and conducting depositions, th...e court granted partial summary judgment to my client based upon policy terms. Disputed representations by an independent insurance agent were involved in the remaining claim.
Litigation
CAE, Inc. v. Three Cities Research, Inc. et al.
Jun 15, 2010
OUTCOME: Dismissal of the case against our client after detailed briefing
I played a lead role in obtaining dismissal in 2009-2010 of a $97 million claim brought against a private equity fund and pertinent directors and officers in Federal District Court in Oregon. The case,... brought under civil RICO provisions, involved an international transaction with Canadian entities, and concerned alleged contingent consideration owed under a stock purchase agreement. The issues had been previously raised in Canadian proceedings and remain subject to international arbitration in Canada. I served as the lead attorney in extensive briefing on issues involving forum non conveniens, abstention, arbitration, and RICO, which led the Court to dismiss the case with prejudice.
Litigation
Atlantic Tool & Die Co. v. Klein Unformtechnik GMBH
Feb 20, 2008
OUTCOME: Successful dismissal of the case against my client
I represented a German tooling supplier who was improperly sued in Ohio, where there was no personal jurisdiction.
Litigation
Official Committee of Unsecured Creditors of Genesis Worldwide, Inc., et al. v. Three Cities Research, Inc., et al.
May 01, 2007
OUTCOME: favorable, nuisance value settlement after depositions, expert coordination, and detailed motion for summary judgment
I played a lead role in successfully assisting our clients, two private equity funds and their investment advisors, in resisting a $62 million claim made against them. The case centered around the sale... of the stock of Precision Industrial Corporation, a company which manufactured and serviced steel coil processing machinery. After the sale, and amid an industry downturn, the buyer defaulted on its loans and filed for bankruptcy. The buyer then claimed that it had substantially overpaid for the stock of Precision and that our clients had unfairly benefited as part of an alleged leveraged buyout. Filing an adversary proceeding in Bankruptcy Court, the Plaintiffs sought to recover most or all of the original sale price. They blamed the selling stockholders and their advisors for subsequent industry problems and technical issues which surfaced after the stock purchase. When settlement negotiations proved unsuccessful, I argued and prevailed in discovery motions in Court. I then lead the effort to obtain detailed accounting, engineering, and business data which ultimately vindicated our clients in demonstrating that the deal had been fair and reasonable. I worked with expert witnesses, including forensic accountants and business valuation experts, to gather and analyze the pertinent data. I personally took numerous key depositions of the critical fact and expert witnesses. When we presented our case in Court on summary judgment, we convinced Plaintiffs to dismiss their fraud claim, and admit that as to remaining claims, it was "impossible to say Plaintiffs were likely to succeed at trial." The Bankruptcy Court then approved a nuisance value settlement in an amount less than the remaining cost of defense, less than one-half of one percent of the amount claimed in the Complaint.
