Litigation

Real Estate Litigation

Investor Lawsuit - Injunction •  Represented real estate investor with undocumented interests in dozens of properties in suit against co-investors who were selling the properties and keeping the proceeds.  Won preliminary injunction prohibiting sales of properties and ordering proceeds deposited in escrow.

Unlawful Detainer - Nursing Home •  Prosecuted unlawful detainer for nursing home owner against facility operator.  Maintaining patient care and facility’s license were important objectives.  Negotiated successful transfer of fully operational facility to new management company.

Developer Defense • Defended real estate developer in lawsuit by project manager who claimed equity interest in a commercial project.  Aggressive motion practice lead to dismissal of the suit.

Partition Action • Represented part owner of several investment properties in lawsuit to partition those properties.  Obtained judgment for sale of properties and used it as leverage to negotiate an in-kind partition.

Option Enforcement • Defended owner of industrial property from suit by tenant for breach of purchase option in lease.  Showed option to be unenforceable and recovered back rent without discount for option claim.

Business Litigation

Law Firm Dissolution • Represented law firm partners in suit to dissolve partnership and allocate assets among former partners and other claimants. Defeated numerous motions by other parties and engineered settlement allocating to clients over ten times the share first offered to them.

Computer Software – Injunction • Represented computer software company in federal court litigation arising from a failed merger with another software company.  Defeated attempts to enjoin client from using software products and customer list the companies had developed together.

Distributor Termination • Defended terminated distributor in supplier’s suit for misappropriation of customer information.  Negotiated settlement enabling distributor to do business with its former supplier’s customers.

Franchise Termination – Injunction • Defended airport shuttle franchisor in lawsuit by franchisee to prevent termination of franchise.  Persuaded court to order franchisee to post substantial bond.  Negotiated agreements terminating franchise when franchisee could not afford the bond.

Unfair Competition – Customer List • Represented environmental consulting firm in litigation arising from its failed acquisition of a competitor.  Defeated attempt to enjoin client from doing business with competitor’s customers.

Commercial Litigation

Collection – Attachment • Defended milling company principal in collection suit by lender.  Exploited ambiguity in loan documents to set aside attachment of client assets.  Negotiated 50% discount of debt due lender.

Investment Recovery • Prosecuted suit for investment company to recover equity investment in startup based on violations of contract covenants regarding use of the funds.  Recovered 100% of investment.

Breach of Contract – Software Consulting • Defended electronics manufacturer in lawsuit by computer consulting firm.  Showed that programming work did not meet contract requirements.  Settled for 10% of plaintiff’s demand.

Fraudulent Transfer • Defended senior officer of failed company in lawsuit by creditor alleging fraudulent transfers of  assets to new company.  Achieved “defense costs” settlement.

Breach of Contract – Business Acquisition • Represented seller of automotive business in suit against buyer for balance of purchase price.  Overcame breach of warranty defense, attached buyer’s assets and recovered 66% on claim.  

License of TV Programming • Prosecuted suit for televison producer against web site operator over license of TV programming.  Obtained judgment for producer, prevailing over defense that license was illegal for failure to obtain consent of the talent to distribution over the Internet.