Attorney Advertising

Prior results do not guarantee a similar outcome.

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Tel. (415) 772-0900
Cell: (650) 804-8300
Fburke@adrservices.com

Arbitration

  • Arbitrated claims brought by a gold and silver investor against an alleged financial advisor for breach of contract and fiduciary duty, negligent misrepresentation, false advertising and investment adviser fraud.

  • Arbitrated claims between an online product seller and an online selling platform for breach of the terms of service agreement and a counterclaim for fraud.

  • Arbitrated two separate matters involving breach of contract claims by personal injury law firms against a firm offering online advertising services and generation of prospective client leads.

  • Arbitrated claims between an online retailer and an online payment processor and a credit card company for allegedly improperly terminating the claimant under the terms of service agreement for alleged improper activity, with a counterclaim for alleged damages caused by the allegedly improper activity.

  • Arbitrated a dispute between a Dealer and a Supplier concerning a channel partner agreement whereby the Dealer would generate solar installation contracts in a defined territory and provide them to the Supplier for installation, in exchange for a commission. The dispute focused on alleged violation of exclusive dealing and non-solicitation agreements by the Dealer leading to the Supplier withholding commissions payable to the Dealer.

  • Arbitrated claims between a franchisor and a franchisee arising from the sale and transfer of its franchises to a transferee, disputes over the amounts owed to the franchisor concerning unpaid royalties and payments for materials, and possible offsets and damages owed to the franchisee resulting from payment calculations and operations issues.

  • Arbitrated claims between a franchisee and a franchisor concerning alleged default and termination and effort by the franchisor to assume the franchisee’s leases and tenant improvements and a forced sale of furniture, fixtures and equipment, and a challenge by the franchisee to non-compete covenants.

  • Arbitrated a claim by members of an LLC against its managing member for alleged breach of the operating agreement, breach of fiduciary duty and unjust enrichment relating to improper payment of personal expenses and failure to pay rent on two store locations, requiring the members to make the LLC rent payments.

  • Arbitrated an action brought by a minority corporate shareholder against the two majority shareholders/directors/executives and the company for alleged breach of contract, accounting and fraud arising from alleged discrepancies in inventory and payments and failing to provide financial statements quarterly as required by a shareholder agreement.

  • Arbitrated an action brought by a minority ownership member of an LLC against the majority ownership managing member for alleged breach of the operating agreement and breach of fiduciary duty relating to alleged financial irregularities and an upcoming sale of the operations.
     

  • Arbitrated six personal injury, contract and construction arbitrations in a mandatory referral program in the Superior Courts.
     

  • Handled a matter where the buyer asserted $30 million claims for fraud, conversion and securities fraud in an arbitration where the buyer had acquired a data entry company through a stock purchase agreement for cash, a holdback payment and an earnout payment. The sellers remained in control of the company during the holdback and earnout periods. Seller made false financial entries, overbilled state and local government customers, and improperly diverted expenses.
     

  • Handled a matter involving an $8 million claim regarding a merger and acquisition transaction involving the sale of a computer software applications services business with a deferred purchase price agreement. The buyer sought rescission of the sale agreement in an arbitration based upon violation of the material adverse change and material adverse effects clauses in the asset purchase agreement and alleged misrepresentations involving projections and damages for alleged breach of non-solicitation agreements contained in the asset purchase agreement and related employment agreements. The seller sought enforcement of the asset purchase agreement and the payment of deferred consideration.
     

  • Handled a $5 million matter relating to a purchase of an information services company using a stock purchase agreement with a cash-down payment and deferred purchase price earnout provision conditioned on achieving certain EBIT targets. During an arbitration, the company established that the seller had created false invoices, engaged in fictitious transactions, made false entries in the company books and records, and made misrepresentations and omissions of material fact, thereby receiving fraudulently inflated overpayments.
     

  • Handled a matter involving a business process outsourcing company in a $5 million arbitration claim against a computer reseller arising from a disputed clawback amount in a stock purchase agreement. The dispute related to the meaning and interpretation of a clause relating to two-year revenue and gross profit projections, as well as whether various projections were objectively and subjectively reasonable.