Our clients’ bottom lines and their business objectives: these remain front of mind whenever lawyers from M&R's Commercial & Business Litigation Practice Group are called upon to represent the interests of our business clientele.

The firm’s commercial and business litigators handle virtually all types of disputes wherever they may arise – in federal and states courts nationwide, in the administrative and regulatory setting and before arbitrators and mediators from coast to coast. No matter the issues at play, our approach to every case is exacting, thorough, strategic and, above all, effective.

We comprehensively evaluate cases upon intake, and then typically work to achieve favorable early resolutions to the extent they may benefit our clients and are appropriate. But when settlement isn’t possible, we aggressively litigate through trial with a singular focus – victory.

What our tenacious courtroom lawyers offer that sets them apart from the rest is a nuanced understanding of our clients’ industries, which informs an unmatched level of representation that is tailored to the unique legal needs of our clients. It is this industry-sensitive approach to litigation that consistently leads to success.

Areas Of Expertise

Anti-Slapp Defense: Successfully defended a multinational insurance company in a case stemming from the plaintiff’s falsification of an application for worker’s compensation insurance, which ultimately led to the policy’s cancellation. Obtained a complete dismissal of the case after a successful Anti-SLAPP motion, and secured $140,000 in monetary sanctions.

Administrative Proceedings: Successfully defended a national brokerage against all 47 claims brought by the State of California to revoke its license. In deciding in favor of our client, the Administrative Law Judge found that there was no evidence to substantiate the claims as alleged, and that the State filed the complaint knowing that to be the case.

Aviation: Obtained an eight-figure verdict after a seven-day federal court trial on behalf of a full-service global private aviation company that sued its former Assistant Director of Operations for breach of contract and breach of duty of loyalty and associated entities for intentional interference with contractual relations. The case stemmed from the ex-employee stealing the aviation firm’s customers.

Computer Trade Secrets: Represented a young entrepreneur after his “life’s work” was stolen by a large corporation, which claimed the work as its own. After a four-year legal battle against some of the largest national law firms, obtained a multi-million dollar verdict on behalf of our client, an award that remains one of the largest in the U.S. for the misappropriation of computer trade secrets.

Employment & Business Litigation: Obtained a significant judgment in Illinois in favor of a computer programmer working on a visa whose employer had stolen a considerable amount of his wages, and successfully defended the programmer against a subsequent breach of fiduciary duty action filed against him by the employer. M&R’s motion to dismiss that case drafted and argued on behalf of the programmer was granted with prejudice.

Employment, Trade Secrets and Business Litigation: Represented a national insurance brokerage in a case for breach of contract and theft of trade secrets. The litigation was filed against a former regional president who left the company and took with him trade secrets, client lists and customers. Though the defendant was entitled to a multi-million dollar buyout of his shares in the brokerage, it was argued that the value of those shares was offset by the value of the legal claims levied against him. Ultimately, the matter was resolved in favor of our client for $5,000, along with an order barring the former president from use of the stolen data.

Fraud Allegations: Obtained dismissal of civil fraud litigation filed against an individual who previously pled guilty to federal bribery and money laundering charges. The case, which sought to recover nearly $48 million earned through the defendant’s criminal activity, was dismissed on appeal because, as a matter of law, the acts giving rise to the federal crimes were found not to trigger civil liability. Not only did our client avoid multi-million dollar exposure, he was also awarded attorneys’ fees and costs on appeal.

Injunctive Relief: Obtained injunctive relief on behalf of the owners of an assisted living facility as against a management company that breached its agreement to pay the owners a monthly management fee, reimburse the owners’ lease payments on the facility (approximately $86K each month) and preserve the owners’ license issued by the Department of Social Services to operate the facility. By virtue of M&R’s efforts, the owners were able to regain control and possession of the facility placed in jeopardy due to the management company’s negligence.

Injunctive Relief: Defeated an ex parte application and subsequent motion for preliminary injunction filed against the largest supplier of forklift batteries and chargers on the West Coast. The moving party unsuccessfully sought to enjoin M&R’s client from helping its customers apply for credits under California’s Carbon Fuel Standard (LCFS) Program (providing incentives to fuel supply engine owners to reduce greenhouse emissions).

Media Company Derivative Shareholder Litigation: Represented the founder of a large media company, who was under attack by shareholders seeking to take control of the business. In a strategy designed to retain control of the company or force a lucrative buyout, a lawsuit was filed, which resulted in the founder realizing an approximate 40 percent premium on the value of his shares.

Patent Infringement and Shareholder Litigation: Helped the owner of an automotive supply company retain control of and then sell his company for well over nine figures (the highest multiple ever seen in that industry); this after two years of intense litigation regarding patents and the scope of corporate governance documentation in response to a product patent being infringed upon and the shareholder of a subsidiary company attempting a takeover.

Private Equity Fund Governmental Investigation: Successfully defended a high-profile private equity firm being investigated by several governmental agencies, including the Securities and Exchange Commission, Department of Justice and multiple offices of the Attorney General, which together sought to a $30+ million fine. After years of litigation in eight different jurisdictions, resolved the matter with “closing letters” stating the investigation was over, and later obtained a $9 million investigation reimbursement from a third party.

Private Equity Fund Manager Litigation: Successfully defended a fund manager sued by a state pension fund for $25 million. Following nearly five years of protracted litigation, obtained a complete dismissal of the fund manager by way of a litigation strategy that examined the methods of pension plan investment.

Shareholder/Partnership Dispute: Obtained the complete dismissal of a lawsuit filed by shareholders of a company against its Chief Executive Officer, executives and board members. Plaintiffs claimed that the defendants “duped” them into selling shares just before the company was sold at a premium. Prior to our involvement in the dispute, the defendants, who were then represented by other counsel, tentatively agreed to settle the case for approximately $40 million.

Trade Secrets: By way of summary judgment, defeated a wrongful termination case filed against the owner of a small insurance brokerage by two former employees. Thereafter, obtained a $500,000 jury verdict on the defendant’s cross complaint, which alleged that the former employees misappropriated trade secrets (client lists).

Trademark Infringement/Sanctions Award: Obtained a massive $250,000 sanctions order for the failure of a defendant and its attorney in a trademark infringement case to participate in discovery. A Judge in the United States District Court issued his staggering ruling after the defendant neglected to respond to our client’s discovery requests and then refused to abide by the Court’s order to provide responses to interrogatories and produce documents, which was requested by way of our comprehensive motion to compel.

Whistleblower Litigation: Successfully defended an environmental consultant in an employment retaliation and discrimination lawsuit and a Qui Tam whistleblower case involving a related criminal investigation.

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