Securities, Investments, Banking, Finance:
Represented investment fund in securities claims against executive of company relating to $2o million fund raise.
Secured class certification and very favorable settlements totaling $24.5 million (nearly 50% of the amount invested) for investors in a securities class action lawsuit against a broker dealer and issuer of an annuity-wrapped hedge fund offering. All motions to dismiss and attempts to decertify the class were defeated.
Represented a Securities Investor Protection Corp. (SIPC) trustee in the assertion of claims arising out of the liquidation of a broker/dealer. Claims resulted in multiple multimillion-dollar judgments.
Represented officers and shareholders of a closely held company in a $65 million fraudulent conveyance action brought by a bankruptcy trustee in the aftermath of a leveraged buyout gone bad. Obtained dismissals of all but one client and a favorable settlement on behalf of the client that was not dismissed.
Defended mortgage company against claims alleging TILA and RESPA violations in mortgage originations.
Represented commercial bank in litigation relating to loans associated with hedging contracts.
Represented trust company in financial mismanagement claims brought by trust beneficiaries
On behalf of a group of investors pursued claims of financial mismanagement against an investment manager and defended claims for additional compensation
Represented tax advisor and limited partner in a private equity fund regarding claims of breach of the fund’s partnership agreement
On behalf of a bank, succeeded at trial in defeating a debtors proposed plan of reorganization.
Partnerships, Shareholders, Owners:
Obtained a multi-milliondollar arbitration award after a four week hearing in a highly complex partnership dispute involving ownership and management of numerous hotel properties.
Won a verdict involving disputed ownership of a company and numerous properties for a family-owned business and several shareholders.
Consumer, Deceptive Trade Practices:
Represented national credit card issuer in consumer class action involving credit card fee and interest charges
Defended consumer class action relating to internet services provider.
Represented an educational institution in a RICO action against a competitor relating to an internet recruitment scheme.
Real Estate, Construction:
Successfully defended real estate developer at trial and appeal on claims that developer was liable for violation of the Interstate Land Sales Act (ILSA).
Obtained a verdict of liability of a neighboring property for extensive water damage incurred in a penthouse suite.
Labor and Employment:
Obtained a multi-milliondollar arbitration award on behalf of a mortgage company executive who was terminated without receiving his contractual compensation.
Defended an FLSA class action brought by paramedics. Succeeded in decertifying the class then had a five-week trial of the claims brought by individual claimants. The case settled favorably before a verdict was rendered.
Defended a wage and hour class action brought under New Mexico law (which contained an odd deviation from the FLSA) by tomato greenhouse workers. Successfully resolved the dispute and then worked with lobbyists and a New Mexico state legislator to change the law under which the case had been brought.
Successfully defended a director and officers (D&O) insurance carrier in a bad faith claim for millions of dollars arising out of a settlement of a securities class action case involving an initial public offering. Plaintiff’s claims were dismissed and this was settled with the client receiving money on its counterclaims.
Defended a major insurance company in a $150 million claim brought by a public utility company relating to alleged misadministration and deceptive trade practices. This case involved the sale of thousands of corporate-owned life insurance policies to the utility company for its employees.
Obtained summary judgment on all claims for a major insurance company in a $20 million lawsuit brought by a broker/producer who was terminated and had his license revoked.