Complex Commercial Litigation

• Arbitrated an intra-corporate dispute among the officers and directors of a technology company, with allegations of breach of fiduciary duty, diversion of profits, excess compensation leading to the loss of valuable technology customers.
• Arbitrated significant securities fraud claims arising from a private placement to be invested in regarding a significant technology program which did not materialize.
• Arbitrated competing claims among LLC co-owners re expulsion of one member based on Alcohol and Tobacco and Tax Bureau investigation.
• Arbitrated breach of contract claims by the seller of a Membership Interest Purchase Agreement against the buyer regarding the development of a solar energy generating facility.
• Mediated dispute between parties in a solar energy development involving multiple breaches of contract involving a Membership Interest Purchase Agreement relating to a number of solar project development companies.
• Mediated dispute arising from damage to computer servers which were improperly loaded into a tractor trailer for transportation from Northern California to Texas, leading to physical damage to the servers, with a dispute regarding recoverable damages.
• Mediated a billing dispute between travel nurse provider and three skilled nursing facilities, with allegations of timekeeping irregularities and non-payment of significant sums over a long period.
• Arbitrated claim brought by customer against payroll processing firm for withdrawal of excessive fees.
• Arbitrated a claim among two owners of an LLC in a dispute over the interpretation of a right of first refusal on sale
• Mediated a minority shareholder action against controlling shareholder in an Indian Ocean resort, alleging breach of fiduciary duty and related claims based on disappointing financial results, which the controlling shareholder argued were based on external factors.
• Mediated a trade secret theft and breach of fiduciary case arising from diversion of customers, corporate opportunities, accounts receivable, inventory and equipment with cross complaint for trade libel.
• Mediated an injunctive and declaratory relief action to void a loan and deed of trust provided to defendant by plaintiffs’ wife arising from a fraud and Ponzi scheme in which defendant was a victim.
• Mediated CA Lemon Law action under Song Beverly Act involving purchase of a Dodge Durango involving allegedly defective Totally Integrated Power Module.
• Mediated investment related 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.
• Handled a matter arising from the operation of a commercial loan underwriting, servicing and funding company involved in a Ponzi scheme fraud in the magnitude of hundreds of millions of dollars, related to piercing a sham trust and recover million in damages from several co-conspirators involved in real estate projects, including claims of breach of fiduciary duty, fraud, negligent misrepresentation, conversion and conspiracy.
• Handled several related claims in a $70 million matter involving a surplus lines insurance carrier which issued financial guarantee bonds related to the financing of real estate limited partnerships, leading to fraud and racketeering claims, debt enforcement actions, securities claims, and litigation with bond lenders, reinsurers, and professionals.
• Handled a complex adversary proceeding, arising in a bankruptcy of an international construction company, between secured and unsecured creditors and surety companies, involving issues relating to the priority of a DIP loan, equitable subordination, accountings, restitution, breach of trust, constructive trust and equitable lien claims.
• Handled a matter where a secured creditor was attempting to recover $60 million of mortgage-backed securities owned by a bankruptcy debtor, a real estate investment trust.
• Handled an action brought by a Commissioner of Insurance against a title insurance company in a $30 million action alleging a beach of escrow, fraud and racketeering arising out of a failed recapitalization of a property and casualty insurer.
• Handled a matter where a mezzanine lender brought a real estate finance enforcement action against a real estate land developer and its managing members for breach of contract on loans and guaranties, as well as tort claims, and the developers counterclaimed alleging lender liability and oral agreements extending and modifying the loans.
• Handled a matter involving an alleged violation of a U.S. export license involving the sale of military technology to a foreign government.
• Handled a matter involving the sale of engineering services from a U.S. manufacturer to an Iranian customer in connection with oil field valves, in violation of the Iran boycott.
• Handled a matter where a national brokerage firm serving as a clearing broker brought an action against the founders of a failed local brokerage and one of its customers, alleging that the local firm had breached its contractual responsibilities and that its officers and directors had been negligent in failing to conduct financial due diligence on a margin account customer.
• Handled related matters in which a money transmitter was alleged to have engaged in aiding and abetting money laundering relating to cross border money transfers between persons in the U.S. and persons in several states in northern Mexico.
• Handled related matters in which health care reimbursement firms alleged that several medical practices engaged in systematic overcharging.
• Handled a multimillion dollar cost recovery action, based on a breach of contract, product liability and CERCLA claims, to recover the costs of cleanup of hazardous wastes and costs of defense of state and federal proceedings.
• Handled a matter involving conspiracy, fraud, securities fraud and misapplication of funds by officers of an interstate motor carrier.
• Handled multiple related cases involving kickbacks by silicone foam subcontractors to employees of an electrical contractor; kickback and embezzlement scheme perpetrated by officers of a fire protection system contractor; and gratuities provided to a power company deputy business manager by an electrical contractor and one of its officers.
• Handled a matter relating to food stamp trafficking by retail grocery stores.
• Handled a matter involving an arson and extortion scheme.
• Mediated an investment dispute where plaintiff alleges 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.
• Mediated corporate claims brought by representatives on behalf of a bankrupt corporation against defendants for breach of fiduciary duty, corporate waste, conversion, fraudulent transfers and Civil RICO arising from approximately $3 million of transfers from the corporation.