Alternative Dispute Resolution Experience
CONTRACT/BREACH OF FIDUCIARY DUTY
Without telling partner, managing partner of real estate venture sells son an option on partnership property for $1,000, strike price of $8 million. Son sells property for $45 million and shares nothing with partner, who sues for $28 million.
· Venture partner sues General Partner of LLC for $11 million for failure to distribute profits according to his "waterfall" distribution rights.
· LLC Members sue Managing Partner for $4 million for self-dealing and failure to timely obtain permits and develop agriculture property.
· Co-venturers in physicians clinic sue partner for $9.2m for violation of non-compete clause for establishing similar clinic nearby.
· Physician sues her group for $3.4 million for wrongful expulsion from group's auxiliary profit center.
· Shareholder/Director of Crypto-currency investment firm sues for accounting and distributions.
CONTRACT/PURCHASE/MISREPRESENTATION
Seller of industrial cleanup franchise sues for $2 million balance on purchase note; buyers cross for $2.2 million for misrepresentation of books.
· Buyer of insurance agency sues for $2.4m for misrepresentation of books and breach of non- compete.
CORPORATE/DERIVATIVE ACTIONS
Shareholders of corporation sue former Chair/CEO for assigning largest customer of health care insurance to his private, captive company.
· Members of LLC sue managing member for fraudulent purchase of property for his own account with LLC's funds.
CONTRACT/PERFORMANCE
Software developer sues for balance of fees owed; purchaser credit union counter claims for $1.8m for defective software.
· Broker of crypto advertising sues for fees; author/advertiser sues for fraudulent publication numbers.
· Former CEO of high technology company sues for $3.8 million for severance and to compel issuance of vested stock options.
CONTRACT/TRADE SECRETS/NON-COMPETE CLAUSE
Insurance agency sues former manager for $3.7m for theft of customers lists, employees and breach of non-compete clause; former manager counter-claims for defamation, severance pay and reimbursed expenses.
· Franchisor Broker/Dealer sues former franchisee for breach of contract and theft of customer lists; damages for $1.7.
COMPLEX ACTIONS FOR SECURITIES AND TAX FRAUD
Four thousand investors sue for $1B, after alleged tax-favored investments were disallowed by IRS. (Member of three-judge panel)
· GIG Workers sue for state and federal employment/labor law violations, including misclassification of work.
· Four-thousand Members of pension/profit sharing plan sue company's plan committee and advisors for lost profits of plan assets of $600 million, each of which was mandated to arbitrate. ‘Arbitrated nine of such cases
REAL ESTATE
Buyers of 80 acre vineyard sue for $2.9 million for misrepresentation of boundaries.
· Tenant of 200 acre orchard sues to compel renewal of second of two, ten-year leases, or $13.1m in damages.
· Major chain grocery store tenant sues mall owner to approve its assignment of lease to store rejected by landlord as only a "junior" grocery store.
· Cannabis retailer sues landlord to remove "medicinal" restriction on allowable products sold in building, or for $4.2 million damages.
OTHER
-INSURANCE COVERAGE--Farmers sue crop insurance carrier for coverage on crop loss.
· -INSURANCE--Purchaser of office building sues title insurance company for failure to disclose existing lien.
· -LEGAL SERVICES--Attorney sues former client and her subsequent lawyers to impose lien of $5m on ultimate recovery; cross action for malpractice.
· ATTORNEYS' FEES--(Judicial reference) Determine reasonableness of $1.2 million in fees spent by shareholders and directors of ag co-op to obtain its books, records and minutes.
· As Superior Court Judge, tried over 250 jury trials and over 40 civil bench trials through Statement of Decision.