Attorney Clark B. Will's Legal Cases

Litigation

Marketshare Telecom, L.L.C. v. Ericsson, Inc.

Aug 15, 2006

OUTCOME: Interlocutory appeal partially successful

We represented Marketshare Telecom, the (then) sole distributor for Ericsson PBX products in the U.S. and Canada. Marketshare had been successful in marketing and expanding the Ericsson PBX brand. Fo ... llowing a dispute between the parties, Ericsson terminated its contract with Marketshare, sued it and obtained a temporary restraining order (TRO) against its former distributor from, among other things, doing business with the product end users ("VARs") that Marketshare had located and developed relationships with. The TRO contained numerous restrictions on Marketshare that we believed were unconstitutional restraints. On behalf of Marketshare, we countersued for breach of contract and other related claims and applied for our own injunctive relief. Following an evidentiary hearing, the trial court denied our injunction request and granted Ericsson's. We appealed. The Dallas Court of Appeals agreed with us that significant portions of the Ericsson injunction were unconstitutional, but unfortunately, that the trial court did not abuse its discretion in denying our injunction and granting Ericsson's (as modified).

Securities and investment fraud

Securities Exchange Commission v. Great White Marine, Inc.

Jan 01, 2006

OUTCOME: Over $2mm recovered

I was appointed as a collection, liquidation and disbursement agent to enforce an agreed judgment against an individual (Colin Smith) who had a $3.5mm disgorgement judgment rendered against him. I suc ... cessfully located and recovered real property assets in Mexico, in addition to in the State of Texas. I successfully opposed and ultimately had dismissed an involuntary bankruptcy filed against Smith, by the a disgruntled creditor. The dismissal was ultimately upheld by the Fifth Circuit Court of Appeals.

Federal regulation

Federal Trade Commission v. EFG Card Services, Inc., et. al.

Jun 30, 2004

OUTCOME: $7mm

I was appoined by the court as a monitor in a case involving alleged illegal telemarketing and deceptive practices in the offereing and administration of several MasterCard branded debit cards. As tem ... porary monitor, I undertook a full audit of the previous six years of three discreet, but related companies, crconstructing their financial statements, and reviewing and analyzing in excess of 31,000 documents, 20 interviews of 200 CDROMS of electronic data regarding over $28mm in revenue in a 42 day time period. The 51 page report (with 285 pages of appendices) produced to the court was instrumental in an agreed judgment that created a pool of funds to reimburse the complaining consumers.

Securities and investment fraud

SEC v. Travis Correll, et. al.

N/A

OUTCOME: in excess of $5m

Represented the court appointed receiver in finding and liquidating assets from operators of a Ponzi scheme, and in creating and administrating a plan of distribution to reimburse the defrauded credito ... rs.

Securities and investment fraud

Hays, Receiver v. Kerry Sitton, et. al.

N/A

OUTCOME: still pending

case is related to SEC v. Correll, this was an additional arm of the Ponzi scheme that ran from San Antonio to Tyler, Tx., in excess of $1mm in assets recovered and liquidated in order to make a pool f ... or reimbursement to the defrauded investors.

Litigation

Lewis v. Lewis

N/A

OUTCOME: $700,000.00

Post judgment activity in a divorce action involving extensive oil and gas producing properties and an extremely recalcitrant ex-husband. By having the court appoint a forensic auditor, underpayments ... to the Plaintiff of almost $700,000.00 were discovered. This case is still pending.

Commercial real estate

Soltex Development, Inc. v. Mazlin One, Inc.

N/A

OUTCOME: Property Recovered

Case involved obtaining a Temporary Restraining Order and order of eviction from purchaser of valuable waterfront property on South Padre Island, Tx. After putting the property under contract, the def ... endant failed to pay rent or comply with numerous other obligations under the contract for sale. A successful mediation resulted in the property being returned to the Plaintiff.

Construction and development

Ivie v. New Haven Homes Custom, et. al.

N/A

OUTCOME: Dismissed

Successful in getting the case dismissed and ordered to arbitration/mediation, which is still pending.

Debt and lending agreements

Salter v. Estate of Salter

N/A

OUTCOME: $2mm

Case was originally brought by disgruntled ex-wife to enforce Florida divorce decrees. The judgments were sought to be domesticated and over $2.5mm in personal property assets consiting of a private j ... et and numerous exotic cars were seized. While the case pending the defendant died of cancer in Toronto. The estate trustee is in Toronto. A successful mediated settlement was obtained after proceedings in Toronto an arrangement was completed whereby assets would be sold and the various debts adjusted and paid in due course.

Employment and labor

Crescent Processing Company, LLP v. Armstrong

N/A

OUTCOME: Still Pending

Action brought to enforce an employment agreement regarding the discharge of a high level executive.

Clark B. Will's Legal Cases (13)

Marketshare Telecom, L.L.C. v. Ericsson, Inc.

Securities Exchange Commission v. Great White Marine, Inc.

Federal Trade Commission v. EFG Card Services, Inc., et. al.

SEC v. Travis Correll, et. al.

Hays, Receiver v. Kerry Sitton, et. al.

Lewis v. Lewis

Soltex Development, Inc. v. Mazlin One, Inc.

Ivie v. New Haven Homes Custom, et. al.

Salter v. Estate of Salter

Crescent Processing Company, LLP v. Armstrong