Real Estate Fraud and Breach of Contract; Stay of Fraudulent Judgments
Representation of purchaser of commercial real estate that was riddled with construction defects. The seller provided purchase money mortgages to facilitate the sale supported by confessions of judgment. The seller later obtained no-notice judgments in the amount of $38 million under an arcane New York procedure. The court granted our motion to stay enforcement of those judgments based on proof that they were obtained by fraud and denied the seller’s motion for dismissal of the complaint against it.
Investigation Into Fraudulent Actions by a U.S. Subsidiary’s CEO
Representation of a publicly traded European telecommunications company and its U.S. subsidiary in an investigation into fraudulent actions by the subsidiary’s CEO. The investigation, undertaken on behalf of the Board of Directors, found that $38M had been directed to a company owned by the CEO, who then collected a percentage of those funds. Obtained an injunction, then attached and recovered the stolen funds held in U.S. banks.
Claims of Discrimination and Retaliation
Representation of defendants, a law firm and its managing partner, against claims of discrimination and retaliation. The plaintiff failed to abide by a mandatory contractual arbitration clause. After conducting an investigation, obtained a dismissal with prejudice when plaintiff filed a second court action rather than complying with a court order directing the dispute to arbitration.
Court Action and FINRA Arbitration Against Former Employees
Representation of an international investment bank in connection with a court action and FINRA arbitration against former employees who downloaded proprietary information shortly before their resignations to join a competitor. Obtained a temporary restraining order and preliminary injunction preventing the use by defendants of the downloaded documents.
Breached Development License Agreement
Representation of the inventor of a patented pharmaceutical product claiming that a pharmaceutical company had breached the development license agreement. Following a two-week arbitration before a blue ribbon panel of the International Chamber of Commerce, the arbitrators found in favor of our client and awarded damages.
Insurance Contract Requiring Arbitration Claims for Premium
Representation of a casino resort developer against claims that it, in addition to the owner of the casino, was a party to an insurance contract requiring it to arbitrate claims for premium. After an adverse decision in the trial court, obtained an emergency stay of enforcement and ultimate reversal on appeal.
Restrictions Against Employees Soliciting Their Former Customers
Representation of a commodities meat wholesaler and two employees it recruited from a competitor. Defeated a motion for a preliminary injunction alleging that our clients had improperly violated restrictions against soliciting their former customers
Contractual Agreement Not to Solicit Former Colleagues to Join a Competitor
Representation of a partner in a dispute with his former partnership, a major U.S. accounting firm, which alleged he had violated a contractual agreement not to solicit his former colleagues to join a competitor. The client asserted counterclaims for compensation. After a two-week arbitration heard by a three-arbitrator panel, the arbitrators entered an award in our client’s favor on these non-solicitation and compensation claims.