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

Breach of Contract

  • Mediated breach of contract claim brought by sports coach based on deductions from termination without cause payment sum due to new employment, allegedly violating prior representations.
     

  • Mediated family business and corporate governance dispute among various family members over management of freight delivery and broker businesses as well as breach of contract concerning sale of shares by father.
     

  • Mediated a Marvin type contract claim by a longtime girlfriend of a married man who allegedly made promises that he intended to convey to her certain residential real estate.
     

  • Mediated contract dispute arising from alleged oral contract to purchase auto insurance on a vintage auto, never placed nor confirmed, after the auto was destroyed in a fire sixteen months later.
     

  • Mediated breach of contract, bailment, negligence claims arising from fire damage to plumbing truck, causing business interruption, damage to plumbing tools, and loss of use of the vehicle damages.
     

  • Mediated breach of contract and concealment claim arising from purchase of a manufacturing facility in San Jose with alleged non-disclosure and concealment of status of certain large Asian customers and failure to disclose prior conviction of the seller.
     

  • Mediated contract dispute between creative advertising and social media company retail food company relating to retainer payments for marketing campaign, unreimbursed production costs and travel expenses.
     

  • Mediated breach of contract and promissory estoppel claims arising from terminated sale of restaurant business causing detrimental reliance damages to purchaser.
     

  • Mediated breach of contract and money paid claims by auto floor financing lender against auto dealers on auto loans and loan for rent.
     

  • Mediated breach of contract arising from plaintiffs’ loan to defendant of approximately $300,000 to fund two investment opportunities which were unsuccessful and caused the loan to go into default with principal and interest due.
     

  • Mediated contract action by vendor against property manager and office building owner. The owner disputed whether it had consented to the services as allegedly required by the property management agreement. The defendants also disputed whether the vendor could sue the principal and the agent at the same time.
     

  • Mediated implied contract and ejectment claim by one domestic partner against another seeking 50% ownership of residential property based on financial contribution to the purchase, when title to the property was in the names of the other partner and his parent.
     

  • Mediated breach of contract and fraud claim arising when plaintiff’s Dodge Viper race car developed clutch problems and was damaged after defendant replaced the engine. Plaintiff sought damages for loss of use over 425 days.
     

  • Mediated contract dispute where plaintiff sued defendants for malicious prosecution arising from previously dismissed prior contract and negligence action; defendant cross complained for negligent delay in producing architect and engineering plans for reconstruction of building damaged by fire, and elder abuse.
     

  • Mediated consignment dispute involving an artist who had consigned several pieces of art to a gallery for sale. Two pieces were damaged and claimant sought the fair market value of the pieces, while the gallery offered the agreed upon commission to the artist.
     

  • Handled a breach of contract and fraud matter between a U.S. subsidiary of a Chinese solar panel manufacturer and an infrastructure lender relating to the development, construction and sale of two solar power plants for $18 million, with the dispute focused on the validity and meaning of a post purchase price adjustment formula tied to Libor.
     

  • Handled a breach of contract matter between a cardiologist and a manufacturer of a CT scanner that was not producing images of sufficient quality to be used for diagnostic purposes, with competing claims of product defect and improper usage and training of the operators, with $3 million in damages.
     

  • Handled a breach of contract matter between an inventor of new direct emulsion plate technology and a startup technology company concerning breach and rescission of an Intellectual Property Purchase and Sale Agreement.
     

  • Handled a matter involving an oil refiner charged with breach of contract, fraud, racketeering, negligent misrepresentation and improper procurement of information relating to a bid to design and construct a facility to recover hydrogen sulfide from a refinery.
     

  • Handled a matter involving the sale of mineral processing equipment, involving competing claims of breach of contract and fraud, negligent misrepresentation and breach of warranty.
     

  • Mediated an investment dispute arising from an oral joint venture to develop a retail meat market, which failed to lack of sufficient funding, leading to claims of breach of contract, unjust enrichment, conversion and fraud.
     

  • Mediated a business divorce case arising from a failed restaurant venture leading to competing claims of breach of contract, breach of fiduciary duty, fraud, conversion, embezzlement and theft.
     

  • Mediated a dispute between two partners regarding a breach of contract and accounting for costs and distribution of profits arising from residential purchase, renovation and sale.
     

  • Mediated an investment dispute where plaintiff alleged that defendants were the agents of a promoter, convicted later, who breached contracts and defrauded plaintiffs into making loans to him, allegedly secured by automobile titles, when in fact they were not and the funds were thereafter stolen.