RM7940_BUSINESS LITIGATION DIR_Layout 1

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DIRECTORY OF
ATTORNEYS
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®
®
USLAW Business Litigation Practice Group
MISSION STATEMENT
The USLAW NETWORK Business Litigation Practice Group offers top-quality legal services to their clients,
with particular proven collective depth and experience in all aspects of business/commercial litigation and
class action practice.
Our members have worked together frequently on business litigation matters and provide proven cohesive
and complete legal representation to clients on a national basis, offering not only depth of service but
breadth of skill and experience.
WHY CHOOSE USLAW BUSINESS LITIGATION LAW FIRMS?
Through the sharing of resources, experience and knowledge, we are able to provide expeditious, efficient and
effective representation to clients with needs in various areas of law, jurisdictions and forums across the United
States. The members of our Group share a common philosophy: We are committed to providing intelligent and
aggressive representation to clients in active litigation, while at the same time, recognizing the value in exploring business solutions to clients' legal problems and using alternative dispute resolution forums, such as arbitration and mediation, where feasible.
AREAS OF PRACTICE
Our member firms have extensive experience handling disputes covering a broad range of areas in both state and
federal court. These areas include:
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Administrative law agency/tribunal matters
Anti-trust disputes
ADR, including arbitration and mediation
Appellate proceedings/issues
Banking/financial institution disputes
Business/business dissolution disputes
Class actions
Condemnation/eminent domain disputes
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Contract disputes
Corporate/shareholder disputes
Credit report disputes
Lease disputes
Real property disputes
Securities litigation/disputes
Technology disputes
®
About USLAW
2001. The Start of
Something Better...
Mega-firms...big, impersonal bastions of
legal tradition, encumbered by bureaucracy
and often slow to react. The need for an alternative was obvious. A vision of a network
of smaller, regionally based, independent
firms with the capability to respond quickly,
efficiently and economically to client needs
from Atlantic City to Pacific Grove was born.
In its infancy, it was little more than a possibility, discussed around a small table and
dreamed about by a handful of visionaries.
But the idea proved too good to leave on the
drawing board. Instead, with the support of
some of the country's brightest legal minds,
USLAW NETWORK became a reality.
Fast-forward to today.
The commitment remains the same as originally envisioned. To provide the highest
quality legal representation and seamless
cross-jurisdictional service to major corporations, insurance carriers, and to both large
and small businesses alike, through a
network of professional, innovative law firms
dedicated to their client's legal success. Now
as a network with more than 6,000 attorneys
from nearly 100 defense-based law firms,
spanning the United States, Canada, Latin
America, Europe, Asia and Africa, USLAW
NETWORK remains a responsive, agile legal
alternative to the mega-firms.
Homefield Advantage.
USLAW NETWORK offers what it calls The
Homefield Advantage which comes from
knowing and understanding the venue in a
way that allows a competitive advantage – a
truism in both sports and business.
Jurisdictional awareness is a key ingredient
to successfully operating throughout the
United States and abroad. Knowing the local
rules, the judge, and the local business and
legal environment provides our firms’ clients
this advantage. The strength and power of
an international presence combined with
the understanding of a respected local firm
makes for a winning line-up.
A Legal Network Not for Its
Member Lawyers. Instead a Legal
Network for Purchasers of Legal
Services.
USLAW NETWORK firms go way beyond
providing quality legal services to their
clients. Unlike other legal networks, USLAW
is organized around client expectations, not
around the member law firms. Clients
receive ongoing educational opportunities,
online resources including webinars,
jurisdictional updates, and resource
libraries. We also provide a semi-annual
USLAW Magazine, webinars, compendiums of
law, as well as annual membership
directories and practice group directories.
To ensure our goals are the same as the
clients our member firms serve, our 45-member Client Leadership Council is directly involved in the development of our programs
and services. This communication pipeline is
vital to our success and allows us to better monitor and meet client needs and expectations.
USLAW Abroad.
Just as legal issues seldom follow state borders, they often extend beyond U.S. boundaries as well. In 2007, USLAW established a
relationship with the Trans-European Law
Firms Alliance (TELFA), a network of 25
independent law firms representing more
than 700 lawyers through Europe.
Subsequently, in 2010 we entered a similar
affiliation with the ALN (formerly the Africa
Legal Network) to further our service and
reach. Additional, USLAW member firms
are located throughout Canada, Latin
America, and Asia.
litigation and trial experience. In addition,
USLAW NETWORK members must
subscribe to a high level of service standards
and are continuously evaluated to ensure these
standards of quality and expertise are met.
USLAW in Review.
• All vetted firms with demonstrated, robust
practices and specialties
• Efficient use of legal budgets, providing
maximum return on legal services
investments
• Seamless, cross-jurisdictional service
• Responsive and flexible
• Multitude of educational opportunities
and online resources
• Team approach to legal services
The USLAW Success Story.
The reality of our success is simple: we
succeed because our firms' clients succeed.
Our member firms provide high-quality legal
results through the efficient use of legal
budgets. We provide cross-jurisdictional
services eliminating the time and expense of
securing adequate representation in
different regions. We provide trusted and
experienced specialists quickly.
When a difficult legal matter emerges –
whether it’s in a single jurisdiction, nationwide or internationally – USLAW is there.
Success.
For more information, please contact Roger
M. Yaffe, USLAW CEO, at (800) 231-9110 or
[email protected]
How is USLAW NETWORK
Membership Determined.
Firms are admitted to the Network by invitation only and only after they are fully vetted
through a rigorous review process. Many
firms have been reviewed over the years, but
only a small percentage were eventually
invited to join. The search for quality member firms is a continuous and ongoing effort.
Firms admitted must possess broad commercial legal capabilities and have substantial
®
About USLAW: Your Homefield Advantage
®
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TABLE of CONTENTS
ALABAMA
Carr Allison
C. Steven Ball....................................................1
ARIZONA
Jones, Skelton & Hochuli, P.L.C.
William D. Holm ..............................................2
James J. Osborne..............................................3
ARKANSAS
Quattlebaum, Grooms, Tull & Burrow PLLC
Steven W. Quattlebaum...................................4
Michael N. Shannon ........................................5
John E. Tull III ..................................................6
CALIFORNIA
Dillingham & Murphy, LLP
Patrick J. Hagan ...............................................7
Dennis J. Kelly ..................................................8
Patrick J. Suter .................................................9
Klinedinst PC
James D. Crosby .............................................10
John D. Klinedinst .........................................11
Gabe P. Wright ................................................12
Murchison & Cumming, LLP
Guy R. Gruppie...............................................13
Friedrich W. Seitz ...........................................14
Snyder Law, LLP
Sean R. Burnett ..............................................15
Barry Clifford Snyder ....................................16
COLORADO
Lewis Roca Rothgerber LLP
Kristin M. Bronson ........................................17
Michael D. Plachy ..........................................18
Douglas B. Tumminello ................................19
CONNECTICUT
Hinckley, Allen & Snyder LLP
Robert C. Hinton............................................20
Timothy P. Jensen ..........................................21
Michael T. McCormack .................................22
FLORIDA
Carr Allison
William B. Graham ........................................23
Wicker Smith O’Hara McCoy & Ford P.A.
Jordan S. Cohen .............................................24
Dennis M. O’Hara ..........................................25
ILLINOIS
SmithAmundsen LLC
Lew R.C. Bricker ............................................26
Larry A. Schechtman.....................................27
INDIANA
Bingham Greenebaum Doll LLP
James M. Hinshaw .........................................28
Brian W. Welch ...............................................29
IOWA
Simmons Perrine Moyer Bergman PLC
Paul D. Gamez ................................................30
Kevin J. Visser .................................................31
KENTUCKY
Mark S. Riddle ................................................32
MAINE
Richardson, Whitman, Large & Badger
Wendell G. Large ............................................33
MASSACHUSETTS
Adler Pollock & Sheehan P.C.
Rory Z. Fazendeiro.........................................34
Jonathan M. Sachs .........................................35
MINNESOTA
Larson • King, LLP
Shawn M. Raiter.............................................36
Peter J. Gleekel ...............................................37
William J. Tipping ..........................................38
MISSOURI
Lashly & Baer, P.C.
Stephen L. Beimdiek .....................................39
NEBRASKA
Baird Holm LLP
Jill Robb Ackerman........................................40
NEVADA
Thorndal Armstrong Delk
Balkenbush & Eisinger
Brian Matthew Brown ...................................41
Brian K. Terry .................................................42
NEW HAMPSHIRE
Gallagher, Callahan & Gartrell
R. Matthew Cairns .........................................43
®
TABLE of CONTENTS
NEW MEXICO
Modrall Sperling
Jennifer G. Anderson .....................................44
Martha G. Brown............................................45
Timothy C. Holm ...........................................46
Fee, Smith, Sharp & Vitullo, L.L.P.
Howard J. Klatsky ..........................................67
NEW YORK
Ahmuty, Demers & McManus
Salvatore J. Calabrese....................................47
Robert J. Hindman.........................................48
UTAH
Strong & Hanni, PC
Bradley Wm. Bowen ......................................69
Goldberg Segalla LLP
Kenneth M. Alweis .........................................49
Christopher J. Belter......................................50
Richard A. Braden..........................................51
NORTH CAROLINA
Poyner Spruill LLP
David Dreifus .................................................52
Joshua B. Durham .........................................53
Jason B. James ................................................54
OHIO
Roetzel & Andress
Robert B. Casarona........................................55
Ronald S. Kopp...............................................56
OREGON
Williams Kastner
Eric J. Neiman ................................................57
J. Richard Urrutia ..........................................58
PENNSYLVANIA
Picadio Sneath Miller & Norton, P.C.
Henry M. Sneath ............................................59
Sweeney & Sheehan, P.C.
J. Michael Kunsch ..........................................60
Thomas, Thomas & Hafer LLP
Joseph A. Holko..............................................61
SOUTH CAROLINA
Sweeny, Wingate & Barrow, P.A.
Martin S. Driggers, Jr. ...................................62
Everett A. Kendall, II ......................................63
Kenneth B. Wingate .......................................64
Johnson, Trent, West & Taylor, L.L.P.
Lawrence J. West ............................................68
VIRGINIA
LeClairRyan
W. Michael Holm............................................70
Vernon E. Inge, Jr. ..........................................71
Kevin P. Oddo .................................................72
WASHINGTON
Williams Kastner
Rodney L. Umberger .....................................73
WEST VIRGINIA
Huddleston Bolen LLP
John H. Mahaney ...........................................74
Cindy D. McCarty...........................................75
WYOMING
Williams, Porter, Day & Neville PC
Stuart R. Day ..................................................76
International
CANADA – BRITISH COLUMBIA
Clark Wilson LLP
Seva Batkin.....................................................77
R. Barry Fraser ...............................................78
Samantha Ip...................................................79
CANADA – ONTARIO
Kelly Santini LLP
Rick Brooks ....................................................80
Mark Gallagher ..............................................81
Pasquale (Pat) Santini...................................82
CANADA – QUEBEC
Therrien Couture Lawyers L.L.P.
Claude Baril ...................................................83
Jean-Luc Couture...........................................84
SOUTH DAKOTA
Riter, Rogers, Wattier & Northrup, LLP
Robert C. Riter................................................65
TEXAS
Cox Smith Matthews Incorporated
David B. West..................................................66
CLIENT SERVICES & PRODUCTS:
USLAW SOLUTIONS.....................................85
USLAW CORPORATE PARTNERS...............88
Carr Allison
ALABAMA
Biography and Experience
Steve Ball is a shareholder with Carr Allison residing in the firm's Birmingham, Alabama office. Mr. Ball represents local and national clients in their business litigation and corporate matters arising both in Alabama and other states. His diversified practice includes the representation of his clients, both as Plaintiffs or Defendants, in their litigation and transactional needs.
Mr. Ball has litigated numerous contractually based claims for his clients and also has extensive experience in the fields of
covenants not to compete, non-solicitation agreements, trade secrets, intentional interference with business and contractual
relations, and other business tort claims. His clients come from several areas of industry, including healthcare, banking, transportation, construction and real estate, and from international corporations to "mom and pop" entrepreneurs.
Eighteen years of practice, and 100% of Mr. Ball’s practice has been dedicated to Business Litigation.
C. Steven Ball
Carr Allison
100 Vestavia Parkway
Birmingham, AL 35216
(205) 822-2006 Office
(205) 822-2057 Fax
[email protected]
www.carrallison.com
Representative Trials
• Brookwood Medical Center v. United Healthcare Corp. – Healthcare/Business Litigation case re: $3.2 million dispute re: insured’s patient bills; resolved in arbitration via settlement for Brookwood Medical Center.
• Moore Oil v. D & D Oil, et al. – Intentional Interference with business relations/breach of contract, $2.9 in medical claims;
won summary judgment for all claims for defense.
• Development Finance Solutions v. Hooters of America – Intentional interference with business relations/breach of contract,
$1.9 million claim; won via summary judgment.
Areas of Experience
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Asset
Banking / Financial Institution
Business Torts
Class Action
Condemnation / Eminent Domain
Consumer Protection
Contract
Creditor
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Director and Officer Liability
Equipment Leasing and Financing
Franchise
General Business/Corporate
Healthcare
Insurance Claims
Lessor / Lessee
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Non-Competition Agreements
Real Estate Development
Real Estate Transaction
Self-Dealing
Shareholder
Trade Secret Misappropriation
UCC
Practice Subgroups
• Banking / Financial Institution
• Business Torts
• Healthcare
Representative Clients
• Tenet Healthcare and Brookwood Medical Center
(Healthcare Business Litigation)
• Ergon Securities (Business Litigation)
• DDR Corp. (Landlord/Tenant Business Litigation)
• Graham & Co. (Landlord/Tenant, Real Estate)
• Universal Debit and Credit Corp. (Business Litigation)
• ABC –BVS Corp. (Business Litigation)
Education
• 1994, J.D., Cumberland School of Law, Dean’s List; American Journal of Trial Advocacy; Curia Honoris
• 1991, M.B.A., Samford University, Dean’s List
• 1983, B.A., Samford University, Dean’s List
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ARIZONA
William D. Holm has been with Jones, Skelton & Hochuli since its inception and a Partner since 1987. He concentrates his practice on business torts, commercial litigation and insurance defense. He is a member of the Arizona Association of Defense
Counsel and the American Board of Trail Advocates. Mr. Holm received an AV® Rating from Martindale-Hubbell. He has tried
more than 65 jury trials to verdict and several dozens of bench trials in State, Federal and Bankruptcy Court.
William D. Holm
Jones, Skelton &
Hochuli, P.L.C.
2901 North Central Avenue
Suite 800
Phoenix, AZ 85012
(602) 263-1749 Office
(602) 200-7804 Fax
(480) 518-1557 Cell
(480) 661-1365 Home
[email protected]
www.jshfirm.com
• State Farm vs. Superior Towing & Salvage – State Farm sued for breach of contract, conversion and replevin (700 vehicles).
Superior Towing counter claimed for tortious interference with contract and business expectancy – demanded $1,000,000
plus punitive damages. Jury awarded Superior Towing nothing on its counter claim. Judgment in favor of State Farm on
breach of contract and conversion awarded State Farm $250,000 plus fees and costs.
• Todd vs. C.J. Management – 350 unit apartment building (owner) sued by tenants for respiratory and neurological injury
due to mold. Plaintiffs requested $15 million dollars (including punitive damages) during closing; after one month trial,
jury awarded plaintiff’s collectively $75,000.
• Quick Service Restaurants (QSR) dba Rally’s vs. McDonalds – QSR sued to stop McDonalds from constructing a 17 foot
high block wall on three sides of its lot, thereby concealing its location to potential customers. QSR obtained preliminary
injunction and later negotiated a purchase agreement with McDonalds.
• Conway vs. Wallace – Plaintiff sued Wallace for assault and battery, and vulnerable adult abuse. The parties were in their
60’s and boyfriend/girlfriend. Wallace was a retired real estate developer. Both were intoxicated when plaintiff was beaten
by defendant before falling down a long steep driveway. Three week trial with plaintiff seeking $4 million in damages.
Before closing argument, the parties settled with a covenant not to disclose.
• Hertz vs. Coy – Hertz sued to recover the amount due pursuant to an unpaid promissory note (approximately $130,000);
Coy countersued for fraud and tortious interference with contract or business expectancy. We represented Hertz, the
owner of several car dealerships. Coy alleged Hertz interfered with her business contracts and claimed $2,000,000 in compensatory damages. Jury awarded Hertz $130,000 plus attorney fees in excess of $200,000. Coy awarded nothing on her
counterclaim.
Areas of Experience
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Asset
Business Governance
Business Torts
Contract
Copyright Infringement
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False Advertising
Franchise
Joint Ventures
Lender Liability
Liability Coverage
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Patent Infringement
Trademark Infringement
Unfair Competition
White Collar Crime
Practice Subgroups
• Business Torts
• Corporate Governance and Fiduciary
• Intellectual Property
• Quick Service Restaurants dba Rally’s (Fast food restaurants)
• Pro Finish USA (Cosmetic nail products)
• ABL – American Bathtub Liners & Re-Bath (Bathroom and
kitchen remodeling)
• Concrete Finishing Inc. (Concrete subcontractor)
• State Farm Fire & Casualty (Commercial contract disputes)
• DKS Development (Real estate developer and commercial landlord)
• MDATS – Medical, Dental, Advanced Technologies Group
LLC (Laser based equipment and treatment procedures
in the field of dentistry)
Education
• 1982, J.D., University of Arizona (with distinction, Dean’s List)
• 1978, B.S., Finance and Insurance, University of Arizona (with distinction, National Dean’s List and Honor Society)
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ARIZONA
Mr. Osborne has been with Jones, Skelton & Hochuli since 1992, and a Partner since 1998. He is also the firm’s general counsel,
having held that position since 2006. Mr. Osborne was a Regents Scholar at the University of Michigan and received his law degree, with distinction, from the University of Kentucky College of Law in 1984. His practice areas include surety defense, product liability defense, lawyer discipline and ethics, and commercial litigation. Mr. Osborne is an active member of the American
Bar Association and the State Bar of Arizona and has an AV Rating from Martindale-Hubbell. He is admitted to practice in
Arizona and the U.S. District Court, District of Arizona. Inclusive of surety bond defense litigation, approximately 40% of Mr.
Osborne’s practice is devoted to business litigation.
James J. Osborne
Jones, Skelton &
Hochuli, P.L.C.
2901 North Central Avenue
Suite 800
Phoenix, AZ 85012
(602) 263.7337 Office
(602) 200.7843 Fax
(602) 510-9702 Cell
(480) 926-3480 Home
[email protected]
www.jshfirm.com
Areas of Experience
• Business Torts
• Contract
• Creditor
• Equipment Leasing and Financing
• Insurance Claims
• Lessor / Lessee
• Trusts / Estates / Probate
• UCC
• Vendor / Supplier
Practice Subgroups
• Trusts/Estates/Probate
Representative Seminars and Articles
• Jim has repeatedly spoken at conferences on Ethics, including his most recent presentation at a Jones, Skelton and
Hochuli seminar, titled “Ethical Pitfalls of Multiple Client Representation.”
• Western Surety Company
• CNA Surety
• State Farm Fire and Casualty (Surety)
• Harford (Surety)
• Jiffy Lube Arizona
Education
• 1984, J.D., University of Kentucky College of Law (with distinction)
• 1981, B.S., Economics, Arizona State University (magna cum laude)
• 1977 to 1979, University of Michigan (Regents Scholar)
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ARKANSAS
Steven W.
Quattlebaum
Quattlebaum, Grooms, Tull
& Burrow PLLC
111 Center Street
Suite 1900
Little Rock, AR 72201
(501) 379-1707 Office
(501) 379-3807 Fax
(501) 920-8103 Cell
[email protected]
www.QGTB.com
Mr. Quattlebaum has served as lead trial counsel in over 100 trials, including numerous toxic tort, products liability, breach of
contract, intellectual property, environmental litigation, securities fraud, franchise disputes, trade secrets, personal injuries, and
commercial matters. He has also represented clients before alternative dispute resolution bodies such as the National
Association of Securities Dealers, Inc. Some of Mr. Quattlebaum’s corporate clients include chemical, pharmaceutical, and automobile manufacturers, wood treatment companies, investment banking institutions, energy companies, major retailers, and
medical device companies. He has represented individuals and corporations in a wide variety of business litigation matters, including cases involving allegations of fraud, breach of contract, patent infringement, deceptive trade practices, franchise act
violations, and intentional torts, such as malicious prosecution and abuse of process. He has also been involved in the defense
of numerous cases in which class action status has been sought.
Mr. Quattlebaum was selected as a member of the Lawdragon 500 Leading Lawyers in America for four years. He has been
named one of the leading business litigation lawyers in Arkansas by Chambers USA’s Guide to America’s Leading Lawyers for
Business, Mid-South Super Lawyers, and Benchmark Litigation. Mr. Quattlebaum has been listed in The Best Lawyers in America
since 2001 and is currently recognized in the areas of Commercial Litigation, Bet-the-Company Litigation, Mass Tort Litigation/
Class Actions – Defendants, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants, and was
named Best Lawyers’ 2013 Little Rock Bet-the-Company Litigation Lawyer of the Year and 2014 Little Rock Mass Tort
Litigation/Class Actions – Defendants Lawyer of the Year.
• Ron Calloway v. The Lincoln Electric Company, et al.; Circuit Court of Union County, Arkansas and Noah Andre, et al. v A. O.
Smith Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana and David Barras v. A. O. Smith
Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana (These two Louisiana matters were
tried jointly) Defense verdict for manufacturers of welding products against claims that manganese from welding fumes
caused neurological injuries.
• Mary E. Green, et al. v. George’s Farms, Inc., et al.; Circuit Court of Washington County, Arkansas. Defense verdict in a toxictort trial in which the plaintiff claimed that arsenic used by poultry companies caused leukemia. The Arkansas Supreme
Court affirmed the jury verdict in favor of the defense.
• Patricia Crews v. Charles Toney, Administrator of the Estate of Jessie Toney, Deceased: and Mercedes-Benz of North America,
Inc.; Circuit Court of Pulaski County, Arkansas. Defense verdict for Mercedes-Benz of North America, Inc. in this case regarding an allegedly defective air bag.
• Represented AstraZeneca entities in the trial court and on appeal in a putative class action. The Supreme Court of
Arkansas affirmed the dismissal of the case. Also represent several AstraZeneca entities against claims by the State of
Arkansas relating to reimbursement for a prescription drug.
• Hortica-Florists’ Mutual Insurance Company v. Pittman Nursery Corporation, Donna Sue Pittman King, United States
District Court, Western District of Arkansas Case No. 07-0119. Represented Hortica-Florists’ Mutual Insurance Company
in a bad faith insurance claim. Following trial, the trial court granted Hortica’s motion for judgment as a matter of law,
finding that there was no basis to support claims of negligence and bad faith. The U.S. Court of Appeals for the Eighth
Circuit confirmed the judgment as a matter of law.
Areas of Experience
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Antitrust
Business Torts
Class Action
Consumer Protection
Contract
Distributor / Manufacturer Supplier
Environmental / Energy
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False Claims Actions
False Advertising
Franchise
Insurance Claims
Intellectual Property License
Liability Coverage
Licensing
• Patent Infringement
• Privacy Issues
• Protection and Commercialization
of Intellectual Property
• Trade Secret Misappropriation
• Trademark Infringement
• Unfair Competition
Practice Subgroups
• Business Torts
• ABOTA Masters In Cross Examination; Dueling Cross Examinations of Expert Witnesses, Arkansas Bar Association Annual
Meeting, Hot Springs, AR, June 2013
• American Board of Trial Advocates Masters In Trial Mock Trial Demonstration, Utah Masters in Trial CLE, Park City, UT,
August 2012
• American Board of Trial Advocates Masters In Trial Mock Trial Demonstration, ABOTA National Trial College, Harvard
University, July/August 2012
• American Board of Trial Advocates Masters In Trial Mock Trial Demonstration, Arkansas Bar Association Annual Meeting,
Hot Springs, AR, June 2012
• American Board of Trial Advocates Masters In Trial Mock Trial Demonstration, Sacramento Masters in Trial CLE,
Sacramento, CA, November 2011
• “Direct Examination of an Expert Witness,” Expert Witness 2011 CLE, Practising Law Institute, New York, NY, January 2011
• “Patent Law Mock Trial,” Arkansas Bar Association Annual Meeting, Hot Springs, AR, June 2008
• The Lincoln Electric Company (Welding rod litigation)
• Tyson Foods, Inc. (Toxic tort litigation)
• Verizon Wireless, Inc. (Consumer class action)
• Entergy Arkansas, Inc. (Breach of contract)
Education
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• 1983, J.D., University of Arkansas School of Law
• 1981, B.A., Western State College of Colorado
4
ARKANSAS
Michael N. Shannon
& Burrow PLLC
111 Center Street
Suite 1900
(501) 379-1716 Office
(501) 379-3816 Fax
(501) 425-3997 Cell
[email protected]
www.QGTB.com
Mr. Shannon has more than 20 years of experience in commercial and other litigation. His practice focuses primarily on complex commercial litigation, class action defense, products liability defense, e-discovery issues and toxic tort litigation. Mr.
Shannon is recognized by Mid-South Super Lawyers in the area of Business Litigation, listed with The Best Lawyers in America®
in the areas of Bet-the-Company Litigation, Commercial Litigation, Personal Injury Litigation – Defendants, Personal Injury
Litigation – Plaintiffs, and Product Liability Litigation –Plaintiffs, and named Best Lawyers’ 2014 Little Rock Product Liability
Litigation – Plaintiffs Lawyer of the Year. In February 2012, he was named Super Mover by Arkansas Business, a weekly business
publication.
Mr. Shannon has represented a variety of clients in his private practice including shareholders in closely held businesses,
multi-national automobile and heavy truck manufacturers, outdoor advertising companies, personal water craft and recreational product manufacturers, insurance companies, high-wealth individuals, national banking institutions, title insurance
companies, and multi-national aluminum and oil companies. He has handled matters in many areas, including products liability, personal injury, class actions, consumer fraud, toxic torts, fiduciary actions, ERISA, employment discrimination, antitrust, shareholder disputes, franchisor-franchisee, contractual disputes, annexation, condemnation, and will contests.
Immediately after law school, Mr. Shannon worked for two years as a law clerk for the Honorable Stephen M. Reasoner, who
served as Chief Judge of the United States District Court for the Eastern District of Arkansas.
• Mr. Shannon successfully defended the owner of a nursing home in a wrongful death jury trial filed by the family of a deceased resident.
• Mr. Shannon successfully represented the Arkansas Game & Fish Commission in an illegal exaction suit where the plaintiff
sought a diversion of more than $32 million in gas lease revenues away from the Game & Fish Commission to the State of
Arkansas General Fund. The case was dismissed by the Pulaski County Circuit Court for failure to state a claim and the
dismissal was affirmed in a unanimous decision by the Arkansas Supreme Court.
• Mr. Shannon successfully prosecuted a commercial litigation matter involving a heavy truck finance company that resulted in a judgment of more than $10,000,000 for his client.
• Mr. Shannon has successfully prosecuted many eminent domain matters worth millions of dollars on behalf of both
landowners and condemning authorities.
Areas of Experience
•
•
•
•
•
•
•
•
•
•
Antitrust
Business Torts
Class Action
Consumer Protection
Contract
•
•
•
•
•
•
•
•
•
•
False Advertising
First Amendment
Franchise
Healthcare
Insurance Claims
Lender Liability
Lessor / Lessee
Liability Coverage
Municipal Annexation
•
•
•
•
•
•
•
•
Shareholder
Trusts / Estates / Probate
UCC
Vendor / Supplier
Zoning / Land Use
Practice Subgroups
• Business Torts
• Healthcare
• Media / First Amendment
• Seminar, Painting the Picture: Scene Views, Exhibits, Settlement Brochures, April 2009
• Publication, The Guide to Arkansas Statutes of Limitation (4th Ed.)
• Bombardier Recreational Products (Defense of products
liability and personal injury matters)
• Lamar Outdoor Advertising, Inc. (Defense of eminent domain matters)
• James Santarsiero (Defense of nursing home matters)
• Commercial Metals Company (Defense of OSHA and
other litigation matters)
• Arkansas Game & Fish Commission (Defense of various
litigation matters)
Education
• 1992, J.D., University of Arkansas School of Law (with high honors, first in class)
• 1989, B.A., Arkansas Tech University
®
5
ARKANSAS
John E. Tull III
& Burrow PLLC
111 Center Street
Suite 1900
(501) 370-1705 Office
(501) 370-3805 Fax
(501) 920-8104 Cell
[email protected]
www.QGTB.com
In over 100 jury trials, Mr. Tull has served as lead counsel on behalf of large and small businesses and individuals in cases involving business torts, breach of contract, product liability, toxic torts, environmental litigation, securities fraud, franchise disputes, trade secrets, personal injury, First Amendment, and other matters. Since his admission to practice in 1984, Mr. Tull has
devoted a significant portion of his practice to various business litigation matters including the defense of a company against
securities and fraud allegations; the defense of a major service provider in a breach of contract and wrongful discharge action;
the prosecution of an interference with contractual relations and violation of Deceptive Trade Practices Act action for a service provider; the defense of a manufacturer in breach of contract and promissory estoppels claims; the defense of several banks
in lender liability claims.
Mr. Tull is a Fellow in the American College of Trial Lawyers. He is recognized as one of the leading business litigation lawyers
in Arkansas by Chambers USA’s Guide to America’s Leading Lawyers for Business, Mid-South Super Lawyers, and Benchmark
Litigation. Mr. Tull is listed in The Best Lawyers in America® in the areas of Bet-the-Company Litigation, Commercial Litigation,
Litigation – Banking & Finance, Litigation – First Amendment, Mass Tort Litigation/Class Actions – Defendants, Media Law,
Personal Injury Litigation, Product Liability Litigation, and was named Best Lawyers’ 2012 Little Rock Litigation – Banking &
Finance Lawyer of the Year and 2014 Little Rock Litigation – First Amendment Lawyer of the Year.
• Farm Fresh Producers, LLC, et al. v. Catfish Producers, LLC, et al. Circuit Court of Pulaski County, Arkansas; Successfully defended a catfish-processing company against claims of securities violations, breach of contract, and tortious interference
with business relations in a six-week trial in a state court in Arkansas.
• Ron Calloway v. The Lincoln Electric Company, et al.; Circuit Court of Union County, Arkansas and Noah Andre, et al. v A. O.
Smith Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana and David Barras v. A. O. Smith
Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana (These two Louisiana matters were
tried jointly) Defense verdict for manufacturers of welding products against claims that manganese from welding fumes
caused neurological injuries.
• R. Gail Burns, et al. v. Universal Crop Protection Alliance, Nufarm Americas, Inc., et al.; Circuit Court of Clay County,
Arkansas. Defense verdict for two pesticide-formulator clients in a four-week trial alleging crop damage due to widespread pesticide drift. Plaintiffs sought more than $4 million in compensatory damages for claims based on allegations of
negligence and strict liability. Punitive damages were dismissed on directed verdict by the court.
• Real Forms LLC v. Arkansas Realtors Association; Circuit Court of Washington County, Arkansas Case No. CV-11-1438-4.
The firm represented the Arkansas Realtors Association in this breach of contract matter against a software development
company alleging the custom made software developed for the association did not adequately protect the confidential
data of the association. After a five day jury trial, the jury returned a verdict in favor of the plaintiff for a nominal amount.
This matter is currently on appeal to the Arkansas Court of Appeals.
Areas of Experience
•
•
•
•
•
•
•
Antitrust
Business Torts
Class Action
Contract
False Advertising
•
•
•
•
•
•
First Amendment
Franchise
Insurance Claims
Liability Coverage
Licensing
•
•
•
•
•
•
Media
Privacy Issues
Securities
Unfair Competition
Practice Subgroups
• Business Torts
• Regularly holds seminars on Freedom of Information Act, defamation, and other topics for the Arkansas Press Association
and its members.
• The Lincoln Electric Company (Welding rod litigation)
• Nufarm Americas, Inc. (Products liability litigation)
• Arkansas Press Association
• BASF Corporation (Business litigation)
Education
• 1984, J.D., University of Arkansas School of Law (with high honors)
• 1980, B.A., Vanderbilt University
®
6
CALIFORNIA
Patrick has more than 25 years experience with unfair competition, advertising, antitrust, contracts and contractual disputes,
intellectual property, real estate, premises liability, alter ego and successor liability, director and officer liability. Fifty percent
of his practice is devoted to business litigation.
Areas of Experience
Patrick J. Hagan
601 California Street
19th Floor
San Francisco, CA 94108
(415) 397-2700 Office
(415) 397-3300 Fax
(415) 317-3377 Cell
[email protected]
www.dillingham
murphy.com
•
•
•
•
•
•
•
•
•
•
•
Antitrust
Business Torts
Class Action
Compliance Audits
Consumer Protection
Contract
Cyber Risks
Creditor
•
•
•
•
•
•
•
•
•
•
•
False Advertising
Franchise
Insurance Claims
Lender Liability
Lessor / Lessee
Liability Coverage
Privacy Issues
• Real Estate Development
• Real Estate Ownership and
Development
• Sarbanes-Oxley
• Securities
• UCC
Practice Subgroups
• Business Torts
• Real Estate
• “Contract Terms That Can (Really) Go Wrong When You Litigate,” USLAW Client Conference, Chicago, 2011
• “Federal Rule 408: ‘Confidentiality’ Of Settlement Negotiations,” USLAW Client Conference, Colorado, 2010
• “What Keeps General Counsel Awake At Night?,” USLAW Client Conference, Las Vegas, 2008
• Benetton (creditor, environmental)
• New Vision Technologies (business tort, alter ego and
successor liability)
• ITT (environmental)
• Safeway (Prop 65) (environmental)
• Sorrento (multiple debt/inventory suit, business tort)
• South Carolina Veterinary Radiation Oncology (contract
performance,/business tort)
• Z-Man (licensing)
• Numerous individuals (debtors, IP, NCA/NDA)
Education
• 1975, J.D., Hastings College of the Law, University of California
• 1965, B.S., Accounting, St. Joseph’s University
®
7
CALIFORNIA
Dennis J. Kelly is a partner at Dillingham & Murphy, LLP. He has practiced law since 1984.
Dennis’s practice is litigation oriented, concentrating in the areas of securities, real estate, commercial, professional liability and employment litigation. Martindale-Hubble has awarded him its highest legal ability and ethical standards rating (AVvery high to preeminent). He has also been selected a “California Super Lawyer” (by a publication which identifies the top 5%
of practicing attorneys in each state as selected by their peers).
Dennis has a national practice with a concentration in the West. Dennis is admitted to the State Bars of California, New York,
and New Jersey. He is also admitted to practice before all of the United States District Courts in those states and the United States
Courts of Appeals for the Ninth and Second Circuits.
Dennis J. Kelly
Suite 1900
(415) 397-2700 Office
(415) 397-3300 Fax
(415) 810-3169 Cell
djk@dillingham
murphy.com
www.dillingham
murphy.com
• Mogilefsky v. H.D. Vest FINRA arbitration. Customer complaint concerning investment advice about options. Complete defense award for client.
• Sawyer v. Horwitz & Associates FINRA arbitration. Customer complaint concerning the handling of bonds and options by
her broker. Three-week hearing in which customer sought over $4 million. Complete defense award for client.
• Vargas v. Sharon Kearney Jury trial in Placer County Superior Court. Customer plaintiffs sued their broker for investments
made with early retirement benefits. Unanimous defense verdict.
• George v. Pacific West Securities FINRA arbitration. Customer complaint concerning Tenants in Common investment. Four
week hearing in which customer sought over $2 million. Complete defense award for client.
• Ashburn, et al v. Sage Point Financial FINRA arbitration. Multiple customers jointly complain regarding their investments
in mutual funds. Complete defense award for client.
Areas of Experience
•
•
•
•
•
•
Business Torts
Compliance Audits
Contract
Credit Reporting
•
•
•
•
•
ERISA
Franchise
Insurance Claims
Liability Coverage
Real Estate Ownership and
Development
• Securities
• Securities Relating to Offerings,
including Venture Capital, Private
Placements and Initial Public
Offerings
Practice Subgroups
• Business Torts
• PLUS (Professional Liability Underwriting Society). Prepared, presented and moderated a talk on E & O Coverage for
Securities Broker-Dealers.
•
•
•
•
•
•
•
•
•
•
Insight Securities
Securities Services Network
Pacific West Financial Group
SCF Securities
Burch and Company, Inc.
Craford Benefits Consultants
Costello & Sons, Insurance
National Financial Planners, Inc.
Liberty Group, LLC
Intercontinental Wealth Advisors, LLC
•
•
•
•
•
•
•
•
•
•
Coldwell Banker Commercial
Intero Real Estate Services, Inc.
Mills, Potoczak & Company
New England Financial
Sage View Advisory Group
Asset Preservation, Inc
Integrated Financial Planning Services
Van Beurden Insurance Services, Inc.
Suddath Relocation Systems
CUSO Financial Services
Education
• 1990, LLM, NYU Law School
• 1984, J.D., New York Law School
• 1980, B.A., New York State University College at New Paltz
®
8
CALIFORNIA
Patrick Suter has nearly six years of experience in business litigation representing both plaintiffs and defendants in commercial disputes in a variety of industries including real estate and financial services. At present, approximately 85% of his practice is devoted to business litigation.
Patrick J. Suter
Suite 1900
(415) 397-2700 Office
(415) 397-3300 Fax
(925) 413-1682 Cell
(415) 400-4094 Home
pjs@dillingham
murphy.com
www.dillingham
murphy.com
• Chandler v. Asset Preservation, Inc. – Defended qualified intermediary firm in a fraud/conversion action related to losses
incurred in a failed IRC section 1031 transaction. Obtained a full defense verdict against claims exceeding $1,000,000 as
well as an award of all attorney’s fees and costs incurred.
• S.C. Veterinary Radiation Oncology v. Radiation Oncology Systems/Acceletronics, Inc. – Represented a veterinary clinic specializing in providing radiation therapy to animals stricken with cancer in a contract/fraud dispute related to the purchase
of a faulty linear accelerator. Obtained complete relief on behalf of the veterinary clinic in binding arbitration, including
an award of fees and costs.
Areas of Experience
•
•
•
•
•
Antitrust
Business Torts
Class Action
Contract
•
•
•
•
•
Creditor
False Advertising
Insurance Claims
International
• Liability Coverage
Development
• Real Estate Transaction
• Securities
Practice Subgroups
• Real Estate
• White Collar Crime
Education
• 2005, J.D., American University, Washington College of Law, Editor, Journal of Gender, Social Policy & Law
• 1999, B.A., University of California, Berkeley, with honors
®
9
Klinedinst PC
CALIFORNIA
James D. Crosby is a highly-experienced litigator and trial attorney, and chairs Klinedinst’s Complex Litigation and Co-Counsel
practice groups. For almost 30 years, Mr. Crosby has successfully represented entities and individuals in general and complex
business, commercial, intellectual property, unfair competition, securities and business tort litigation in state and federal
courts. He has successfully tried numerous jury and non-jury cases, and has represented clients in JAMS and AAA business arbitrations, as well as NAFTA arbitration under UNCITRAL Rules. Mr. Crosby has been an AV ® Preeminent ™ Peer Rated attorney for the past 20 years, Martindale Hubbell’s highest rating for legal ability and ethical standards.
James D. Crosby
Klinedinst PC
501 West Broadway
Suite 600
San Diego, CA 92101
(619) 239-8131 Office
(619) 238-8707 Fax
(858) 705-0083 Cell
[email protected]
www.klinedinstlaw.com
Areas of Experience
• Business Torts
• Contract
• Copyright Infringement
• Derivative Actions
• Securities
Practice Subgroups
• Business Torts
Education
• 1983, J.D., University of San Diego School of Law
• 1978, B.S., San Diego State University
®
10
Klinedinst PC
CALIFORNIA
John D. Klinedinst
Klinedinst PC
501 West Broadway
Suite 600
San Diego, CA 92101
(619) 239-8131 Office
(619) 238-8707 Fax
(858) 705-0083 Cell
jklinedinst@klinedinst
law.com
John D. Klinedinst has been a practicing attorney for the past 33 years, and is CEO of Klinedinst PC. He has achieved substantial success in both the legal and business community. Mr. Klinedinst has achieved Martindale-Hubbell’s highest rating for
legal ability and ethical standards, and has earned a reputation for excellence throughout Southern California.
Mr. Klinedinst focuses his practice on business litigation and trials, including professional liability, business litigation, and
intellectual property disputes. He has tried dozens of trials in both Federal and State Court and hundreds of arbitrations
throughout the state of California.
Mr. Klinedinst, who founded the firm in 1983, is involved with many professional and educational associations in California and
across the country. His litigation skills and business background consisting of an M.B.A. in finance and investments and working
in commercial lending for several years, provide unique and valuable insight in handling business and securities litigation.
• Mr. Klinedinst has defended class action claims involving securities, environmental issues, real estate investments and
product liability. He has been involved in cases alleging damages in excess of $200 million. While not every case reaches
that level, Mr. Klinedinst often gets pulled into “bet the business” cases that, if successful, would literally destroy the business of the client. Mr. Klinedinst has defended significant employment cases involving senior-level corporate officers. He
has also been instrumental in defending and prosecuting major trademark, trade dress and copyright infringement cases
on behalf of business clients.
Areas of Experience
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•
•
Antitrust
Business Torts
Class Action
Derivative Actions
False Advertising
Financing
First Amendment
Insurance Claims
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•
•
•
•
•
•
•
•
International
Joint Ventures
Lender Liability
Lessor / Lessee
Liability Coverage
Privacy Issues
Protection and Commercialization
• Securities
• Securities Compliance for Publicly
Traded Companies
• Securities Relating to Offerings, including Venture Capital, Private
Offerings
• Self-Dealing
• Shareholder
• Sports
• UCC
Practice Subgroups
• Business Torts
• “Jekyll & Hyde - You Don’t Play Golf with the FDIC,” Fall 2011 USLAW Network Client Conference, September 2011
• Moderator, “Change in the Economy Brings Risk,” USLAW Client Conference, October 2010
• Moderator, “Lawyers, Accountants, Agents & Brokers, The New Private Bailout Plan for Investment Losses?” USLAW Client
Conference, September 2009
• “In-House Counsel and Insurance Claims’ Criteria for Outside Counsel: A Safe Bet, Penny Ante, or All In?” Panelist,
USLAW Client Conference,September 2008
• CDW
• CBIZ
• Torrey Pines Bank
• Westinghouse Electric
• Troxel LLC
• Radiology Oncology Systems, Inc.
• ROC Industries, Inc.
• RCP Block, Inc.
Education
®
• 1978, J.D., Washington & Lee University
• 1975, M.B.A., Finance and Investments, George Washington University
• 1971, B.A., Washington & Lee University, cum laude
11
Klinedinst PC
CALIFORNIA
Gabe P. Wright has 12 years’ experience in the business litigation arena, involving complex disputes, commercial matters and
real estate related issues. He specializes in complex disputes ranging from contract review and negotiation and litigation of
leases, representation of clients in connection with real property issues ranging from transactional leasing and purchase of
property to errors and omissions litigation in connection with real property transactions. Mr. Wright also represents vendors
and suppliers in strict liability and class action litigation, investment advisors, and various businesses in connection with trade
secret litigation.
Gabe P. Wright
Klinedinst PC
501 West Broadway
Suite 600
San Diego, CA 92101
(619) 239-8131 Office
(619) 238-8707 Fax
(858) 335-0572 Cell
[email protected]
• Obtained a defense verdict in a real property arbitration in which a developer of multi-million dollar homes sued a gated
community that served as safe haven for many well-known celebrities for access rights through the community for a proposed new development. The developer asserted that without access, it would suffer $9,000,000 in damage and the property would be undevelopable. Mr. Wright obtained a defense verdict, recovered 100% of his clients’ fees and costs, and
obtained an injunction against the developer.
• Obtained a “death knell” ruling against plaintiffs in a class certification motion against a shower pan manufacturer for alleged defective design of shower pans sold throughout the state of California. The proposed class consisted of 500,000
owners of the shower pans with an alleged $100,000,000 in damages. The class representative subsequently accepted a
confidential nuisance value settlement.
• Disposed of a real property/civil rights lawsuit against a Plaintiff seeking $4,000,000 in damages for alleged discriminatory
practices by a homeowners association. Lawsuit was eliminated by way of a Daubert motion followed by a motion for
summary judgment on all sixteen causes of action.
Areas of Experience
•
•
•
•
•
Business Torts
Class Action
Contract
Credit Reporting
Creditor
•
•
•
•
•
Lessor / Lessee
•
•
•
•
•
Self-Dealing
Shareholder
Unfair Competition
Vendor / Supplier
Practice Subgroups
• Business Torts
• Real Estate
• Travelers Insurance (Director & Officer Litigation;
Employment Litigation)
• Integra Realty Resources (Appraiser E&O Litigation)
• R.C. Wendt Painting, Inc. (Contract negotiation and
disputes)
• Collection Bureau of America, Ltd. (Collection and
contract litigation)
Education
• 2000, J.D., Washington & Lee University School of Law
• 1997, M.A., Lehigh University
• 1996, B.A., Lehigh University, high honors
®
12
CALIFORNIA
Guy R. Gruppie is a Senior Partner in the Los Angeles office of Murchison & Cumming, LLP. Mr. Gruppie has more than 20 years
of experience as a business litigation attorney and devotes a substantial portion of his practice to the area. He serves as a CoChair of the Emerging Risks & Specialty Tort practice group and is a senior member of the Business Litigation practice group.
Mr. Gruppie specializes in the defense of complex and high-stakes litigation and handles matters for a spectrum of clients including high-net-worth individuals and their businesses, Fortune 500 companies, world-class hotels and resorts, retailers,
celebrities, and professional athletes in a variety of business and tort litigation. He was recently named a Southern California
Super Lawyer for the sixth consecutive year and a Top Attorney in the San Gabriel Valley by Pasadena Magazine for five consecutive years (2009 - 2013). He is “AV” rated by Martindale Hubbell.
Guy R. Gruppie
Murchison &
Cumming, LLP
801 South Grand Avenue
9th Floor
Los Angeles, CA 90017
(213) 630-1089 Office
(213) 623-6336 Fax
(213) 999-6452 Cell
ggruppie@
murchisonlaw.com
wwww.murchisonlaw.com
•
•
•
•
Successfully represents major Los Angeles landlords in consumer/tenant/habitability claims, 2002-Present.
Successfully represents major California retailer in civil price-fixing claim 2010-Present.
Successfully defends manufacturers and major retailers in product liability/consumer, 2008-Present.
Successfully represents major hotels/resorts in discrimination/ADA/breach of contract, 1999-Present.
Areas of Experience
•
•
•
•
Business Torts
False Advertising
•
•
•
•
First Amendment
Lessor / Lessee
Media
Sports
Practice Subgroups
• Business Torts
• Entertainment / Sports
•
•
•
•
•
"Lose the Evidence, Lose Your Case," First Insurance Company of Hawaii, Honolulu, HI, 2014
United III/NAEC 2012 Convention & Exposition, Atlantic City, NJ, 2012
Elevator Industry Group of Southern California, Los Angeles, CA, 2012
Adjunct Professor, California Civil Procedure, Southwestern University School of Law, Los Angeles, CA, Spring Semester 2011
“Minimizing Your Chances of Being Sued and Maximizing Your Chances of Winning if You Are,” Elevator Industry Group of
Southern California Meeting, Los Angeles, CA, 2009
• “Anatomy of an Elevator Accident Trial,” National Association of Elevator Contractors Annual Meeting, Sarasota, FL, 2008
• “Uncommon Perception: The Common Carrier Duty Does Not Rule Out Defense Verdicts in Elevator and Escalator
Accident Trials,” Federation of Defense & Corporate Counsel Quarterly, Vol. 59, No. 2, Winter, 2009
• “Admissibility of Evidence Involving Absence of Prior Incidents/Injuries: The Law in Certain Major States,” Federation of
Defense & Corporate Counsel Quarterly, Volume 58, No. 4, Summer, 2008
• “Ethical Issues in the Use of Trial Consultants,” Federation of Defense & Corporate Counsel Quarterly, Vol. 56, No. 2, Winter, 2006
•
•
•
•
•
Berberian Enterprises, Inc. dba Jons Marketplace
Strategic Hotels & Resorts
The Ritz-Carlton Hotel Company LLC
Hyatt Corporation
Mitsubishi Electric
•
•
•
•
•
Schneider Electric/American Power Conversion
Hanover Insurance Group
Target Stores
Beverly Hills Properties
Demac Development Corp.
Education
• 1991, J.D., Loyola Law School, Los Angeles, California
(American Jurisprudence Award in Trial Advocacy)
• 1988, B.A., Journalism & Political Science, University of
Southern California, Los Angeles, California (with honors)
Honorary Organizations
• American Board of Trial Advocates, Los Angeles Chapter
• Federation of Defense & Corporate Counsel
• Defense Research Institute
• Association of Southern California Defense Counsel
• Council on Litigation Management
®
13
CALIFORNIA
Friedrich W. Seitz is a Senior Partner of the firm and Co-Chairs the Business Litigation practice group. Mr. Seitz has over 35
years of experience as a business litigation attorney and devotes 30% of his practice to the area. He served as Managing Partner
of the firm from 1986 to 2007. Mr. Seitz defends emerging and established businesses in both state and federal court proceedings. From antitrust and unfair trade practice claims to breach of contract and intellectual property matters, he is skilled in resolving complex commercial disputes efficiently and favorably for clients. His business litigation clients include both domestic
and foreign companies from a wide array of industries including, but not limited to, the apparel, food and beverage, technology, entertainment, technology, transportation, manufacturing and construction industries. Mr. Seitz is “AV” rated by Martindale
Hubbell and has been recognized as a “Southern California Super Lawyer.”
Friedrich W. Seitz
Murchison &
Cumming, LLP
801 South Grand Avenue
9th Floor
(213) 630-1000 Office
(213) 623-6336 Fax
(213) 700-6772 Cell
(626) 796-4689 Home
[email protected]
wwww.murchisonlaw.com
• Sirius Computer Solutions, Inc. – Maximum alleges that it is a direct competitor with Vision in the worldwide market for
“High Availability/Disaster Recovery” software solutions designed to work with certain IBM server systems, and that
Vision and its employees authored and disseminated allegedly false and misleading statements about a software product
to Vision’s existing customers and prospective customers.
• Behr GmbH – Two German automobile manufacturers sued in the United States for, among other causes of action, breach of
warranty and some 10 cases, all of which were successfully concluded by way of motions to dismiss for lack of jurisdiction.
• Mitsubishi Heavy Industries – Client was sued for allegedly wrongfully using the plaintiff’s original product design. The
case was tried, resulting in a defense verdict.
• BRP USA, Inc. – A class action was pursued against BRP for a defective component in its engine and failure to extend warranty to purchases. Class certification was avoided by working out an amicable disposition.
Areas of Experience
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•
•
•
•
•
•
•
Business Torts
Class Action
Consumer Protection
Contract
•
•
•
•
•
•
•
False Advertising
Insurance Claims
International
Lessor / Lessee
• UCC
Practice Subgroups
• Business Torts
• “Deposing Foreign Witnesses Under the Hague Convention,” USLAW Network Client Conference, Colorado Springs, CO,
October 2010
• A Hypothetical ESI Request With Focus on Practical Tips and Strategies, International Association of Defense and
Corporate Counsel, Munich, Germany, 2007
• A Primer on Service of Process Abroad, FDCC Mid-Winter Meeting, Big Island, HI, 2004
• Risk Management, The Attorney’s Role and the “Black List” Myth and Fact, Euroforum, Hamburg, Germany, 2004
• “Navigating Discovery Abroad: Obtaining Witnesses and Materials Located Outside of the US,” Los Angeles Daily Journal,
August 24, 2011
• “California’s Application of Strict Products Liability to the Hybrid Enterprise,” IADC Committee Newsletter, July, 2009
• “Product Safety Regulation in the US and Europe – Challenges for Global Manufacturers”, Australian Product Liability
Reporter, August, 2007
• “How to Prevent Bad Results in a Good Case: Document Discovery in the Electronic Age,” FICC Quarterly, Spring 2001
•
•
•
•
American Household, Inc. (Contract)
Behr GmbH (Distributor/Manufacturer Supplier)
Jahnel Kestermann (Breach of Contract)
Sirius Computer Solutions, Inc. (Unfair Competition;
Trade Libel; False Advertising)
• Mitsubishi Heavy Industries (Antitrust)
•
•
•
•
•
BRP USA, Inc. (Class Action)
Willoughby Industries, Inc. (Contract)
Roeder-Fensterbau GmbH and Co. KG (Warranty)
Württembergische Versicherung AG (Insurance)
Ace Hardware Corporation (Vendor/Supplier; Franchise
Agreement)
Education
• 1971, J.D., Southwestern University School of Law, Los
Angeles, California (Southwestern University Law Review,
Senior Staff Member)
• 1965, B.A., University of Southern California, Los Angeles,
California
®
• Federation of Defense and Corporate Counsel
• International Association of Defense Counsel
• Association of Southern California Defense Counsel
• American Board of Trial Advocates
• Defense Research Institute
• American Inns of Court
• Product Liability Advisory Council, Inc.
14
Snyder Law, LLP
CALIFORNIA
Sean Burnett has been the head of Snyder Law’s Real Estate Practice Group for the last seven years. He devotes approximately
40% of his practice to real estate and lender related litigation.
Sean R. Burnett
Snyder Law, LLP
420 S. Fairview Avenue
Suite 102
Santa Barbara, CA 93117
(805) 683-7758 Office
(805) 692-2800 Fax
(805) 637-6754 Cell
[email protected]
www.snyderlaw.com
• Sean Burnett’s practice includes representing insureds under title insurance policies on issues ranging from property line
disputes and easement litigation to fraudulent transfers. A significant portion of Sean’s practice is also devoted to defending lender liability suits. Under Sean’s leadership, Snyder Law handled all title insurance claims for United General Title
Insurance Company throughout California before it was purchased by and integrated into First American Title Insurance
Company. Sean also handles a significant number of suits brought against public accommodations for violations of the
Americans with Disabilities Act.
Areas of Experience
• Business Torts
• Contract
• Creditor
• General Business/Corporate
• Lender Liability
• Lessor / Lessee
Practice Subgroups
• Real Estate
• First American Title Insurance Company (Title Insurance
Claims)
• Fidelity National Title Insurance Company (Title
Insurance and Recoupment Claims)
Education
• 2003, J.D., University of Wisconsin Law School, cum laude
• 1999, B.A., Political Science and History, University of California, Santa Barbara
®
15
Snyder Law, LLP
CALIFORNIA
Barry Snyder’s trial experience is unmatched by all but a handful of California attorneys. He has over 30 plus years of business
litigation experience, with cases involving complex real estate issues, business torts and breach of contracts issues. His representative clients include Fidelity National Title, Chicago Title Insurance Company and First American Title Insurance Company.
The over 140 jury trials in his career have been tried in every county in Central and Southern California.
Barry Clifford Snyder
Snyder Law, LLP
420 S. Fairview Avenue
Suite 102
Santa Barbara, CA 93117
(805) 683-7750 Office
(805) 692-2800 Fax
(805) 637-8114 Cell
[email protected]
www.snyderlaw.com
• On June 21, 2011, the California Court of Appeal, Second District, unanimously upheld Tashakori v. Lakis, successfully
concluding Barry’s representation of homeowners who had found themselves without a recorded access easement to their
undeveloped lot. The homeowners had been under the mistaken belief that their retained lot already had a recorded access easement, the result of their reliance upon inaccurate representations by a real estate broker, the prior owner, and the
legal description in the preliminary title report. In fact, the homeowners learned that there was no recorded access easement to the empty lot, rendering it landlocked. Barry sought to establish the Tashakoris’ right to ingress and egress over a
small strip of land with a driveway owned by neighbors and in August of 2009, the trial court granted the homeowners an
“equitable easement” over the driveway area. The decision has become an instant benchmark in real property litigation.
Areas of Experience
• Business Torts
• Contract
Practice Subgroups
• Real Estate
• First American Title Insurance Company
• Fidelity National Title Insurance Company
Education
• 1974, J.D. Loyola University School of Law, Los Angeles
• 1970, B.S., Bacteriology, University of California at Los
Angeles
• Diplomate, American Board of Trial Advocates
®
16
COLORADO
Ms. Bronson’s practice focuses on complex corporate and business litigation, including representation of individual and corporate plaintiffs and defendants in class and derivative actions, and representation of local and national corporate entities in
contract, fraud and other business litigation. She also represents lender, developer, and property management clients in all
facets of real estate, construction and banking law. She also advises brokerage companies concerning operational, regulatory
and litigated matters.
Kristin M. Bronson
1200 Seventeenth Street
Suite 3000
Denver, CO 80202
(303) 628-9535 Office
(303) 623-9222 Fax
[email protected]
www.LRRLaw.com
•
•
•
•
•
Won multi-million dollar arbitration award before AAA Panel in Chicago in breach of contract case.
Won multi-million dollar arbitration award in dispute related to the sale of a value added reseller business.
Recently completed week-long trial in federal court in Wyoming in $16 million real estate dispute.
Represented buyer in litigation involving sale of restaurant and bar business; settlement approved.
Co-lead trial counsel for majority shareholders in breach of fiduciary duty claims against corporate officers and minority
shareholders; expansive injunctive relief obtained, including lock-out of management.
• Won bench trial over road and bridge easement in Park County, Colorado.
• Won three-day bench trial as counsel for landowner plaintiff, obtaining a declaratory judgment terminating 30-plus year
ground lease with a big-box retail company and receiving an award of attorney’s fees and costs.
Areas of Experience
•
•
•
•
•
Business Torts
Class Action
Contract
Consumer Protection
•
•
•
•
•
Corporate Governance
Lender Liability
Lessor / Lessee
Development
Practice Subgroups
• Real Estate
•
•
•
•
“Business Executives Guide to Managing Litigation,” University of Denver, School of Business, January 2012
“Ethics,” Women of Enterprise Forum, University of Denver Burns School of Real Estate, April, 2011
“Navigating Colorado’s New Broker Lien Law,” Women in Real Estate, August 2010
“Preserving the Attorney Client Privilege in Internal Investigations,” Association of Corporate Counsel, Colorado Chapter,
December 2009; USLAW Corporate Counsel Exchange, February 2014
• “Truth in Advertising: What is a Broker’s Duty to Ensure that Marketing Materials are Accurate?” RJ&L Real Estate
Construction & Land: Broker Bulletin, Summer 2010
Education
• 1997, J.D., University of Colorado Law School; Recipient of Virginia McRae Scholarship; President, Moot Court Board
• 1990, B.A., American Government, University of Virginia
®
17
COLORADO
Michael Plachy is a trial lawyer who represents companies in civil lawsuits involving significant financial or reputational exposure. He has tried many complex commercial, real estate, construction, product liability class action, and anti-trust cases.
Mr. Plachy also regularly advises businesses concerning corporate governance, risk management, and strategic planning issues. He also represents and advises numerous elected officials on election and campaign finance issues.
Michael D. Plachy
Suite 3000
Denver, CO 80202
(303) 628-9532 Office
(303) 623-9222 Fax
[email protected]
www.LRRLaw.com
• Represented City and County of Denver in lawsuit filed by the ACLU regarding First Amendment rights of demonstrators
during Democratic National Convention. Case was tried and the City prevailed on all claims.
• Obtained $22.6 million jury verdict and judgment against The Goodyear Tire and Rubber Company in the first homeowner lawsuit brought as a result of damages caused by Entran II hose.
• Lead trial counsel for defendant, a national apartment complex owner, in suit by hundreds of plaintiffs claiming exposure
to toxic substances. Prevailed on all claims.
• Lead trial counsel in mass tort litigation against multi-national escalator manufacturer. All claims resolved on terms favorable to client.
• Lead trial counsel for a national car rental company defending against an antitrust class action; summary judgment
awarded in United States District Court; affirmed by the Tenth Circuit Court of Appeals; certiorari denied by United States
Supreme Court.
Areas of Experience
•
•
•
•
•
•
Business Torts
Class Action
Consumer Protection
Contract
•
•
•
•
•
Derivative Actions
First Amendment
•
•
•
•
•
Lender Liability
Unfair Competition
Practice Subgroups
• Business Torts
• Real Estate
•
•
•
•
KONE, Inc.
US Bank
Honeywell International
Brinker International
• The Catholic Archdiocese of Denver
• City and County of Denver
• State of Colorado
Education
• 1992, J.D., University of Colorado Law School; Order of the Coif; DeSouchet Trial Advocacy Award
• 1988, B.S., Finance, University of Colorado
®
18
COLORADO
Doug Tumminello’s practice focuses on complex business, securities and corporate litigation, including representation of corporate defendants with general commercial disputes, class actions, consumer protection claims, and federal securities laws. He
represents a variety of local, national, and international corporate entities in contract, fraud, and other business litigation. Mr.
Tumminello practices in both federal and state courts.
Douglas B.
Tumminello
Suite 3000
Denver, CO 80202
(303) 628-9507 Office
(303) 623-9222 Fax
DTumminello@
LRRLaw.com
www.LRRLaw.com
• Trial counsel for major investment holding company in a large contract and promissory note dispute tried in the Denver
District Court. Prevailed on all claims asserted against client by the plaintiff and on all counterclaims asserted against the
plaintiff, resulting in a multi-million dollar judgment in favor of the client.
• Trial counsel for international natural resources company in connection with a lawsuit over Russian diamond mining rights.
This case has been litigated in the state and federal trial and appellate courts of Colorado for over a decade, and is currently
on appeal to the Colorado Supreme Court following the most recent dismissal of the plaintiff’s claims against the client.
• Trial counsel for national real estate investment company regarding claimed asbestos contamination and exposure in
large apartment complex. The plaintiffs included several hundred residents of the complex, who complained that they
were exposed to asbestos as a result of renovations at the complex. The litigation resulted in a successful judgment in
favor of the client and a significant cost judgment against the plaintiffs.
• Trial counsel for religious institutions defending over 60 negligence supervision claims resulting from decades-old allegations of sexual abuse. All claims were successfully settled on beneficial terms following phased discovery into statute of
limitations issues.
• Lead counsel for insurance companies in defense of claims for benefits and claims for breach of fiduciary duty under ERISA.
Areas of Experience
•
•
•
•
•
Business Torts
Class Action
Contract
Derivative Actions
•
•
•
•
•
ERISA
First Amendment
Insurance Claims
•
•
•
•
•
Lessor / Lessee
Securities
Shareholder
Practice Subgroups
• Business Torts
• Corporate Governance and
Fiduciary
• In addition to being an attorney, Doug is a veteran mountaineer and adventurer. Among other expeditions, Doug has
summited Mt. Everest and was on a team that rowed a rowboat 3,600 miles across the Indian Ocean from Australia to
Africa. That expedition, which lasted 58 days, set multiple Guinness World Records. Doug is a frequent motivational
keynote speaker and seminar lecturer on issues such as leadership, ethical decision-making in difficult situations, and
goal-setting and planning. Doug’s lectures use the photos of his various expeditions as the backdrop for his presentations.
• HealthMarkets, Inc. (defense of insurance bad faith
claims and business claims)
• OAO Lukoil (defense of business tort claims)
• Bascom Group, LLC (defense of business tort claims)
• Credo Petroleum Corporation (defense of business
claims)
• Tracinda Corporation (defense of business clams)
Education
• 1996, J.D., University of Denver College of Law, Order of St. Ives
• 1987, B.S., United States Military Academy, West Point
®
19
CONNECTICUT
Mr. Hinton has 17 years experience litigating complex business and commercial disputes, and devotes the vast majority of his
practice to business litigation.
Robert C. Hinton
Hinckley, Allen &
Snyder LLP
20 Church Street
Hartford, CT 06103
(860) 331-2650 Office
(860) 278-3802 Fax
(860) 817-9359 Cell
(860) 346-3324 Home
[email protected]
www.hinckleyallen.com
• 456 Corp. v. United Natural Foods, Inc.; United States District Court, District of Connecticut: Successfully represented
Fortune 1000 company against credit card processing claim.
• Successfully represented an international architect in a dispute with the owner involving the expansion of one of the
largest casinos in the United States.
• Habibah Abdul Hakeem v. Smurfit Stone Container Corp.; United States District Court, District of Connecticut:
Successfully represented global paperboard manufacturer against claims of race discrimination, sexual harassment and
hostile work environment, and obtained summary judgment in favor of client on all counts.
• Kathleen Dinice-Allen v. Yale-New Haven Hospital; United States District Court, District of Connecticut: Successfully represented hospital against various employment discrimination claims and obtained summary judgment on all counts of thirteen count Complaint.
• John Nusdeo v. Home Depot U.S.A., Inc.; United States District Court, District of Connecticut: Successfully represented national retailer against claims of sexual orientation discrimination and retaliation.
Areas of Experience
•
•
•
•
•
•
•
Business Governance
Business Torts
Class Action
Compliance Audits
Consumer Protection
Contract
•
•
•
•
•
•
•
Entertainment
ERISA
Franchise
•
•
•
•
•
•
•
Insurance Claims
Lessor / Lessee
Liability Coverage
UCC
Unfair Competition
Practice Subgroups
• Business Torts
• Healthcare
• “Data Privacy and Information Security Issues,” Hinckley, Allen & Snyder LLP Labor & Employment Seminar, Needham,
MA, 2009
• “Legislation Impacting Federal Retirement and Health Benefits,” National Active and Retired Federal Employees
Association, Connecticut Chapter, North Haven, CT, 2009
• Bausch & Stroebel Machine Company, Inc. (Business
Litigation)
• United Natural Foods, Inc. (Business Litigation)
• Hemingway’s LLC (Business Litigation)
Education
• 1995, J.D., University of Connecticut School of Law
• 1984, B.S., United States Military Academy, West Point,
New York
• Fellow, Litigation Counsel of America, 2008
®
20
CONNECTICUT
Timothy Jensen has practiced fifteen years as a civil litigator representing corporations and individuals in business and commercial disputes, with significant experience representing regulated entities on regulatory and civil litigation matters before public utility commissions and in the state and federal courts. Approximately 100% of his practice is devoted to business litigation.
Timothy P. Jensen
Hinckley, Allen &
Snyder LLP
20 Church Street
Hartford, CT 06103
(860) 331-2654 Office
(860) 331-2655 Fax
(203) 376-8378 Cell
[email protected]
• Represented telecommunications company in multi-state litigation to recover fees for services provided to a local exchange carrier and to enforce a multi-million dollar judgment against related entities that received assets by fraudulent
transfers.
• Represented telecommunications company in class action alleging breach of contract and unfair trade practices concerning the leasing of cell tower sites.
• Represented banks and directors and officers in shareholder class action lawsuits alleging breach of fiduciary duties related to bank mergers.
• Represented manufacturing company in breach of contract actions concerning part supply agreements.
• Represented limited liability company in shareholder litigation concerning alleged violations of fiduciary duties.
Areas of Experience
•
•
•
•
•
•
•
•
•
•
Business Torts
Class Action
Contract
Derivative Actions
ERISA
First Amendment
•
•
•
•
Franchise
Insurance Claims
Mergers and Acquisitions (including
Mergers, Asset and Stock Transfers,
Divestitures, Recapitalizations and
Reorganizations and Related Tax
and Regulatory Planning and
Approvals)
•
•
•
•
•
•
•
•
•
Self-Dealing
Shareholder
UCC
Unfair Competition
Vendor / Supplier
Practice Subgroups
• Business Torts
• “Eyes Wide Shut: The Perils of Failing to Take Action to Undo Fraudulent Transfers Before Entry of a Restitution Order,”
Co-Author, Connecticut Law Review, Volume 44, CONNtemplations, Winter 2012
• AT&T (regulatory; business litigation)
Education
• 1997, J.D., Quinnipiac University School of Law, Notes and Case Notes Editor, Quinnipiac Law Review, 1996-1997
• 1990, B.A., Economics, Trinity College
®
21
CONNECTICUT
Michael practices in the area of complex commercial litigation and insurance coverage and recovery matters for corporate and
individual policy holders. In his practice, Mike assists clients with the assessment and pursuit of claims for recovery of insurance benefits in complex matters under various types of insurance policies, including general liability, property, director and
officer liability, health and disability, and errors and omissions policies. He also represents insurance industry clients in administrative regulatory proceedings.
In addition to his commercial insurance coverage and recovery practice, Mike represents businesses and individuals in business tort actions, trade secret disputes, unfair competition, shareholder and partnership disputes, and securities litigation,
FINRA arbitrations, and regulatory proceedings. Mike has also represented businesses in copyright and trademark infringement
disputes.
Michael T.
McCormack
Hinckley, Allen &
Snyder LLP
20 Church Street
Hartford, CT 06103
(860) 331-2670 Office
(860) 278-3802 Fax
(860) 212-3895 Cell
[email protected]
• Obtained multi-million dollar arbitration award and judgment on behalf of enterprise software company in dispute involving claims of breach of software development contract, theft of computer source code, and violation of Connecticut
Unfair Trade Practices Act.
• Obtained arbitration award for monetary damages and successfully defended appeal of judgment on behalf of health care
professional on claims involving breach of medical partnership operating agreement, breach of fiduciary duty, and violation of the Connecticut Unfair Trade Practices Act.
• Obtained recovery of damages on behalf corporate client in counterclaim in defense of claims of misappropriation of
trade secrets and violation of Connecticut Unfair Trade Practices Act.
• Represented bankruptcy liquidating custodian in multi-million dollar claim for recovery of damages sustained by bankrupt corporation arising from fraud.
• Obtained injunctive relief on behalf of national moving and storage company in claims against dealer for violation of
Connecticut Trade Secrets Act and breach of contract.
Areas of Experience
•
•
•
•
•
•
Business Torts
Class Action
Consumer Protection
Contract
•
•
•
•
•
Insurance Claims
Liability Coverage
•
•
•
•
•
Securities
Shareholder
Unfair Competition
Practice Subgroups
• Business Torts
Fiduciary
•
•
•
•
•
“Insurance Coverage 101 Seminar,” Connecticut Bar Association, January 2014
“Preemption Issues Under The Uniform Trade Secrets Act,” DRI Annual Meeting, October 2013
“The Component Part Doctrine – What Is It and How Does It Apply,” USLAW Client Conference, October 2012
Declaratory Judgments Seminar, Connecticut Bar Association, June 2012
“How to Get Your Substantial Claim Covered,” USLAW Network Client Conference, October 2010
• “Understanding Coverage Can Keep Insured Afloat,” Providence Business News, January 2013
• “Bankruptcy Can Derail D&O Insurance Benefits,” Hartford Business Journal, October 2010
• “Policies May Cover Cost of Government Probes,” Connecticut Law Tribune, November 2009
• Sensata Technologies, Inc. – Product Liability and
Business Litigation
• Kohler Co. – Product Liability and Warranty Matters
• Infinex Investments, Inc. – Broker-Dealer Business
Litigation
Education
• 1992, J.D., Catholic University of America Columbus School of Law
• 1989, B.S., Marketing, Providence College
®
22
Carr Allison
FLORIDA
Mr. Graham’s practice is approximately 65% business/commercial litigation, 25% business/transactional and 10% lobbying. He
has been at this approximate mix for most of his 25 years of practicing as a lawyer. The litigation work that he conducts has
ranged from representation of corporations with national multi-million dollar exposure to defending small business owners on
simple liability claims.
William B. Graham
Carr Allison
305 South Gadsden Street
Tallahassee, FL 32301
(850) 222-2107 Office
(850) 222-8475 Fax
(850) 509-2233 Cell
(850) 422-1816 Home
[email protected]
www.carrallison.com
• Acting in capacity of general counsel for an auto insurer, sued the insurer’s financial advisory firm for breach of the carrier’s
Investment Policy after millions of dollars lost in the stock market. Recovered significant percentage of the funds lost.
• Successfully represented world’s five largest insurance brokerage in action brought by state insurance commissioner and
attorney general claiming breach of contract and allegations of undisclosed contingent compensation.
• Represented local government in class action brought on behalf of juveniles detained in “boot camp” juvenile detention
facility. Secured directed verdict.
• Brought suit against local government on behalf of large engineering firm for breach of public contracting laws. Forced
rebid of the project.
• Represented local government in negotiations with multinational corporation for the development of industrial park and
construction of $150 million saw mill.
Areas of Experience
•
•
•
•
•
•
•
Business Governance
Business Torts
Class Action
Compliance Audits
Contract
Creditor
•
•
•
•
•
•
•
Healthcare
Insurance Claims
Lessor / Lessee
Development
• Zoning / Land Use
Practice Subgroups
• Business Torts
Fiduciary
•
•
•
•
“Domestication of Foreign Judgments and Effective Collection Strategies,” 2011
Presentations to local governments addressing witness preparation for deposition and trial testimony, 2006
“Schemes and Scams, An Eye on Insurance Fraud in Florida,” Florida Department of Insurance, 1996
Series of seminars for National Council of Compensation Insurers addressing insurance fraud, insurance premium fraud,
indicators of false claims/fraud; mechanisms to detect and prevent the fraud and ultimately recover unpaid insurance
premiums, 1990-1997
• “Procedures for and Challenges to Local Government Land Use Decisions,” Florida Bar Newsletter, 1996
• “Avoiding Insurance Coverage Under FS 627.409,” FRPCJUA Seminar, 1994
• Florida Association of Counties (claims defense)
• Brown & Bown (insurance representation, professional
liability and regulatory advice)
• VALIC (insurance representation and lobbying)
• Florida Automobile Joint Underwriting Association
(general counsel, lobbying and claims defense)
• Florida League of Cities (claims defense, lobbying and
insurance regulatory)
• AHF/MCO (insurance regulatory and lobbying)
Education
®
• 1982, J.D., University of Florida College of Law
• 1979, B.A., History, University of Florida
23
FLORIDA
Jordan S. Cohen joined Wicker Smith in 2003 and is a partner in the Ft. Lauderdale office. He has been handling business litigation since 2004, and is primarily responsible for class action litigation for the firm. Mr. Cohen’s overall practice is 95% litigation, with a relatively minor transactional practice. Approximately 50% of his litigation practice involves business litigation. He
is admitted in all courts (state and federal) in Florida. Jordan has also been admitted pro hac vice in multiple jurisdictions including New Jersey, North Carolina and Wisconsin. He is an active member of The Florida Bar, American Bar Association,
Broward County Bar Association and Defense Research Institute.
Jordan S. Cohen
Wicker Smith O’Hara
McCoy & Ford P.A.
515 East Las Olas Boulevard
Suite 1400
Fort Lauderdale, FL 33301
(954) 847-4800 Office
(954) 760-9353 Fax
(561) 350-6501 Cell
(561) 274-6421 Home
[email protected]
www.wickersmith.com
• Handles all mortgage repurchase litigation for CNLBank in Orlando. He defended a $4+ million repurchase demand against
JPMorgan Chase which was litigated through expert discovery before reaching a confidential settlement agreement.
• Represented 35 States responsible for the administration of a $1+ billion Qualified Settlement Fund in the Allapattah
Services (Exxon) litigation. We were responsible for evaluating all claims filed against the Fund by Exxon franchisees.
• Represented a local manufacture of wireless cellular amplifiers (Digital Antenna) in a test case filed by AT&T alleging interference with their 3G wireless network. After a four- day evidentiary hearing AT&T’s Motion for Injunction was denied
and the case was then resolved via confidential settlement agreement.
• Handles all business litigation for Dantzler, a large lumber distributor based in Miami Lakes. He has tried two cases for
Dantzler: defending a case involving the purchase and implementation of an Oracle ERP system and a prosecuting a case
against a former employee who had set up a competing business. He is currently prosecuting a case against PNCBank regarding the negotiation of a $27.5 million asset based revolving line.
Areas of Experience
•
•
•
•
•
•
•
Business Torts
Class Action
Consumer Protection
Contract
Credit Reporting
•
•
•
•
•
•
•
Derivative Actions
False Advertising
Financing
Lender Liability
•
•
•
•
•
•
•
Patent Infringement
Shareholder
UCC
Unfair Competition
Vendor / Supplier
Practice Subgroups
• Business Torts
• CNLBank (mortgage repurchase litigation)
• Dantzler (business litigation – vendor/supplier, lender
liability, business torts))
• Publix Supermarkets (EFTA litigation)
• Circle K (FACTA litigation)
• US Airways (FACTA litigation, false advertising /
deceptive trade practices, debt collection)
Education
• 2001, J.D., Duke University, cum laude
• 1999, Trans-national Law, Geneva Institute
• 1997, B.A., Tulane University, cum laude, Phi Beta Kappa
®
24
FLORIDA
Mr. O’Hara joined Wicker Smith in 1974 and is a Managing Partner, residing in the firm’s Ft. Lauderdale and Miami offices. In
his 30-plus-year career, Mr. O’Hara has served as lead counsel or sole attorney in numerous civil jury trials involving medical
malpractice, products liability, general negligence, automobile liability and aviation law. Mr. O’Hara has been involved in
Aviation Law since the late 1970s. Over the years, he has handled both commercial and general aviation cases. He has been involved in major aviation air disaster litigations and has been involved in the handling of numerous general aviation matters on
behalf of aircraft manufacturers, fixed base operators, and owner/operators. In his medical malpractice work, he has defended
healthcare providers, pharmaceutical companies and other health care related clients in cases concerning issues related to
wrongful death, infant death, brain damage, paralysis, surgical and nursing issues both in Pennsylvania and Florida.
Dennis M. O’Hara
Wicker Smith O’Hara
McCoy & Ford P.A.
515 East Las Olas Boulevard
Suite 1400
Fort Lauderdale, FL 33301
(954) 847-4800 Office
(954) 760-9353 Fax
(305) 794-5068 Cell
(305) 661-5667 Home
[email protected]
www.wickersmith.com
• Mr. O’Hara was the lead counsel for Valujet in the multidistrict litigation for the Valujet crash in the Florida Everglades on
May 11, 1996.
• The Bahamas crash of the Cessna 402 carrying the entertainer, Aaliyah.
• Lead counsel for Chalks in the incident involving the crash of their Grumman Mallard seaplane that occurred in Miami
harbor on December 19, 2005.
• Counsel for the Swiss Hoffmann-La Roche companies, namely F. Hoffman-La Roche Ltd and Roche Holdings Ltd.
• Counsel for NutriSystem, Inc. in the class action litigation involving over 300 lawsuits concerning the NutriSystem Weight
Loss Centers.
Areas of Experience
• Business Torts
• Class Action
• Healthcare
• Lessor / Lessee
Practice Subgroups
• Business Torts
• Healthcare
•
•
•
•
•
“Pharmaceutical Liability And Other Product Liability Issues,” Wicker Smith Seminar, 2011
“Strategies For Defending Mass Claims,” Wicker Smith Seminar, 2009
“Complex Litigation,” Wicker Smith Seminar, 2008
“Complex Litigation,” Wicker Smith Seminar, 2007
“Federal Court Jurisdiction, Removal/Spoliation of Evidence, Borrowed Servant Doctrine & Labor Law Issues,” Wicker
Smith Seminar, 2006
•
•
•
•
F. Hoffman La-Roche Ltd.
American Airlines
Gulfstream Park Racing Association
La Quinta Inns, Inc.
•
•
•
•
Circle K Stores, Inc.
Dantzler
Miami Heat
Publix Super Markets
Education
• 1968, J.D., Villanova University
• 1965, B.A., Muhlenberg College
®
25
SmithAmundsen LLC
ILLINOIS
Lew R.C. Bricker
SmithAmundsen LLC
150 N. Michigan Avenue
Suite 3300
Chicago, IL 60601
(312) 894-3224 Office
(312) 997-1721 Fax
(847) 420-0445 Cell
(847) 945-6165 Home
[email protected]
www.salawus.com
Lew Bricker’s areas of practice include contract disputes, business partnership disputes, collection action defense and prosecution, replevin and other personal and real property related matters, commercial paper, and technology related disputes. Lew
has tried cases and represented businesses throughout Illinois in both federal and state courts for more than fifteen years.
Lew Bricker has represented and resolved and tried cases for clients in contract actions surrounding their business relationships in both federal and state courts and in binding arbitrations and mediations. Cases have involved personal, professional and commercial contracts, business interruption, product quality, payment history and accommodation disputes
involving a large privately held medical product and equipment manufacturer, commercial paper disputes, commercial transportation companies, and manufacturers. Lew has represented commercial transportation companies in property usage, indemnity claims, and contractual disputes. These matters have involved the companies’ business partners, vendors and
customers. The issues have addressed product quality, usage of real property under a lease, alleged damages to real property
and business interruption. Lew has represented large consumer products manufacturers and suppliers in litigation involving
their customer services practices, vendor and business partner relationships and indemnity actions. Lew has represented commercial entities in replevin actions involving factory equipment, commercial vehicles and personal property, and has helped
counsel and them in best business practices involving corporate structure and risk mitigation. Lew has worked successfully with
public personalities in defamation and related actions. Additionally, Lew partners with a variety of focused practices at
SmithAmundsen on technical and specialized business litigation disputes.
• Lew Bricker has resolved, handled and represented clients in contract actions surrounding their business relationships in
both federal and state courts and in binding arbitrations and mediations. Cases have involved product quality, payment
history and accomodation disputes involving a large privately held medical product and equipment manufacturer. Lew has
represented motor carriers in property usage, indemnity claims, and contractual disputes. These matters have involved the
companies’ business partners, vendors and customers. The issues have addressed product quality, usage of real property
under a lease, alleged damages to real property and business interruption. Lew has represented large consumer products
manufacturers and suppliers in litigation involving their customer services practices, vendor and business partner relationships and indemnity actions. Lew has represented commercial entities in replevin actions involving factory equipment,
commercial vehicles and personal property. Lew tried to verdict one matter involving business interruptions and contract
breaches for a factory by the actions of my client. We have won summary judgment and other dispositive motions in breach
of contract dispute for transportation companies, product manufacturers and consumer services entities.
Areas of Experience
•
•
•
•
•
•
Business Torts
Compliance Audits
Consumer Protection
Contract
Creditor
•
•
•
•
•
•
Entertainment
First Amendment
Franchise
Insurance Claims
Joint Ventures
•
•
•
•
Lessor / Lessee
Liability Coverage
UCC
Vendor / Supplier
Practice Subgroups
• Business Torts
• Speaker, “Protecting the Attorney Client Privilege During an Internal Investigation,” USLAW Corporate Counsel Exchange,
Dallas, TX, February, 2014
• Co-Moderator, “Stay Out of the Rockies: Safe Passage for Corporate Counsel,” USLAW Client Conference, Vancouver, BC,
October, 2013
• Co-Moderator, “Ethical Waves: Avoiding the Wipeout,” Murchison & Cumming LLP 2013 CLE, Santa Monica, CA, June, 2013
• National Editor and Project Director, USLAW Network Compendium of Law, 2009-present
• Speaker, “Damages, Joint & Several Liability and Indemnity,” Client Seminar, Centennial, CO, December, 2012
• Speaker, “Damages, Public Liability and Indemnity,” Client Seminar, Denver, CO, December, 2012
• “Strategies for Successfully Litigating Contract Cases,” USLAW Client Conference, Washington, DC, October, 2012
• “Social Media and Leveraging It for Litigation,” Keynote Address, Insurance Internal Audit Group, Chicago, IL, October, 2012
• “Social Media and the Law,” Oak Brook, IL, Claims Association of Greater Chicago, April, 2012
• “Saving Yourself – From Yourself: Properly and Intelligently Managing Electronically Stored Information,” Chicago Chapter
of the Association of Corporate Counsel, September, 2009
Education
• 1991, J.D., University of Illinois at Urbana/Champaign,
cum laude
• 1988, B.A., History, University of Illinois at Urbana/
Champaign, with honors in history and cum laude
• “BTI Client Service All-Stars 2012” – a distinction reserved
for an elite group of less than 300 attorneys whose clients
recognize them for delivering superior client service
• Illinois Super Lawyers® list for 2007, 2008, 2009, 2010,
2012, 2013, and 2014
• AV rating from Martindale Hubbell for his legal ability and
commitment to professional ethics
®
26
SmithAmundsen LLC
ILLINOIS
Larry Schechtman is SmithAmundsen’s Managing Partner and a member of the firm’s Executive Committee. He is an experienced trial attorney who has tried in excess of 60 cases to jury verdict since becoming an attorney in 1983. Larry handles a variety of complex litigation cases including defense of catastrophic injuries, products liability, discrimination claims, premises
liability, third party criminal attacks, including the defense of parents for the sexual crimes of their children. He has handled
numerous claims brought under the Wrongful Death Act. In addition, a substantial portion of Larry’s practice is devoted to
areas governed by the First Amendment including defamation, invasion of privacy, civil conspiracy, and false light claims.
Larry’s business litigation practice involves 20 to 30% of his time.
Larry A. Schechtman
SmithAmundsen LLC
150 N. Michigan Avenue
Suite 3300
Chicago, IL 60601
(312) 894-3253 Office
(312) 997-1845 Fax
(312) 590-0041 Cell
(847) 317-9148 Home
[email protected]
www.salawus.com
• Larry has tried in excess of 60 matters to verdict, some involving business litigation, including a Federal Court Class Action
trial involving alleged violations of the TCPA (blast Fax).
Areas of Experience
• Business Torts
• Class Action
• False Advertising
• First Amendment
• Franchise
• Media
• Privacy Issues
Practice Subgroups
• Business Torts
• “Use of On-Board Computers (Black Boxes) in Vehicle Litigation,” client educational seminar
• Lectured on premises liability, the Wrongful Death Act, trial techniques and Illinois Discovery Rules at client seminars;
also presented seminars for the Chicago Bar Association and for the IICLE
• Chapter author, Premises Liability Handbook, published by the Illinois Institute of Continuing Legal Education (IICLE)
• Dr. Pepper/Snapple Group
• JP Morgan/Chase
• US Bank
• Culver Franchising System, Inc.
Education
• 1983, J.D., IIT/Chicago-Kent College of Law, high honors
• 1980, B.A., Illinois State University, B.A., cum laude
• AV rating from Martindale Hubbell for his legal ability and
commitment to professional ethics
• Leading Lawyer in personal injury defense law and toxic
torts defense law by the Law Bulletin Publishing
Company
®
27
INDIANA
James Hinshaw has been a trial lawyer focused on litigating complex business disputes since 1992. Such disputes include litigation over intellectual property rights – including patent infringement, trademark infringement, copyright infringement, trade
dress infringement, and trade secret misappropriation. Such disputes also include litigation over unfair competition practices,
real estate transactions and zoning matters, environmental contamination, UCC contracts, and product warranty class actions. Hinshaw devotes over 90% of his practice to litigating such disputes, and has been recognized by his peers in Indiana as
an Indiana Super Lawyer in business litigation. Hinshaw graduated from DePauw University (magna cum laude) and the
Indiana University School of Law in Bloomington (magna cum laude). At Bingham Greenebaum Doll, he is a Vice Chair of his
firm’s Litigation Department and is the chair of the firm’s Legal Talent Committee.
James M. Hinshaw
Bingham Greenebaum
Doll LLP
2700 Market Tower
10 W. Market Street
Indianapolis, IN 46204
(317) 968-5385 Office
(317) 236-9907 Fax
(317) 441-6130 Cell
(317) 841-3569 Home
[email protected]
www.bgdlegal.com
• Novelty, Inc. v. Mountain View Marketing, et al. Successfully defended against claims of copyright infringement and trade
dress infringement, and prosecuted counterclaims of unfair competition, abuse of process, and antitrust in the market
niche of novelty products. Obtained defense verdict in ancillary state court trial, and secured the dismissal of plaintiff’s
federal court claims (alleged to be worth over $10 Million in damages) and the reimbursement of a substantial amount of
our client’s attorneys’ fees.
• Jennings v. Jasper Engines, et al. Successfully defended Jasper Engines in a patent infringement dispute. A patent owner
had sued the United States Postal Service claiming that it was using a patented cross-over linkage transmission. Jasper
Engines and other vendors to the USPS were pulled into the litigation on indemnity claims. The patent owner was seeking
damages in excess of $6 Million. The litigation was resolved by agreement after a favorable claim construction ruling for
the client.
• Saint-Gobain Containers v. Hornell Brewing. Successfully represented Saint-Gobain in a contract dispute with Hornell
Brewing (Arizona branded ice tea). Dispute related to whether a contract even existed, and whether Saint-Gobain was free
to increase its pricing for glass containers. Hornell was seeking damages in excess of $10 Million. The dispute was resolved
by agreement on the eve of trial, with Hornell agreeing to make a substantial payment to our client.
• Design Forum v. Kimball. Represented manufactures representative in breach of contract case against office furniture
company. Jury verdict in favor of client for over $1 Million in commissions on purchases of office furniture procured by
manufactures representative.
• Murray v. Mailing Solutions. Mailing Solutions was sued based on allegations that the “earn-out” provisions of the parties’
agreement for the sale of the company had been breached. The former owner asserted damages claims that exceeded $1
Million. The Arbitrator rejected essentially all of the former owner’s liability claims, and awarded less than 5% of the damages claimed on one remaining claim.
Areas of Experience
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Antitrust
Business Governance
Business Torts
Class Action
Contract
Cyber Risks
Derivative Actions
Entertainment
False Advertising
Franchise
•
•
•
•
•
•
•
Joint Ventures
Lessor / Lessee
Licensing
Media
Approvals)
• Privacy Issues
Development
• Self-Dealing
• Shareholder
• UCC
• Real Estate
Practice Subgroups
• Business Torts
•
•
•
•
•
"Masters of Litigation," moderator and presenter, ICLEF, 2009
"Trademark Infringement and Internet Domain Names," moderator and presenter, USLAW, 2008
"2004 Year in Review – Intellectual Property Litigation," author and speaker, ICLEF, 2004
"State and Federal Procedure," author and speaker, ICLEF, 2004
"Business Litigation," chair and presenter, ICLEF, 2001
• Chapters: Underground Storage Tanks, RCRA Generator Requirements, Environmental Crimes, and Stratospheric Ozone
Depletion Regulations; Indiana Chamber of Commerce Environmental Handbook, Summer 1994, updated November 1996
• Chapter on Discovery, Commercial Litigation in Indiana; Law Practice Handbooks, Inc., Fall 1995
• “The Dormant Commerce Clause After Garcia: An Application to the Interstate Commerce of Sanitary Landfill Space;” 67
Indiana Law Journal 511, 1991
• McLane
• Jasper Engines
• Dallas Smith Corporation
• Hawthorne Imports f/k/a Top Ten Imports
Education
®
• 1992, J.D., Indiana University School of Law, Bloomington (magna cum laude; Order of the Coif)
• 1989, B.A., DePauw University (magna cum laude)
28
INDIANA
Brian has 30 plus years of experience representing business and government clients in complex disputes. His experience includes a broad spectrum of businesses, their officers, directors and shareholders. He also regularly represents professional
service providers, post-secondary schools and municipal utilities. Brian has also represented both plaintiffs and defendants in
complex class action matters. Brian received his J.D., cum laude from Indiana University School of Law in 1978, and his undergraduate degree from DePauw University in 1973. Brian is a Distinguished Fellow in the Indianapolis Bar Foundation and
is listed in Chambers USA as a leading lawyer for business in Indiana.
Brian W. Welch
Bingham Greenebaum
Doll LLP
2700 Market Tower
10 W. Market Street
Indianapolis, IN 46204
(317) 686-5208 Office
(317) 236-9907 Fax
(317) 997-6022 Cell
(317) 255-5990 Home
[email protected]
www.bgdlegal.com
• Leslie Bridges v. Veolia Water Indianapolis, LLC, et al., 2012 Ind. App. LEXIS 548 (Ind. Ct. App. Nov. 1, 2012), defense of municipal water utility in action seeking reimbursement of water reconnection fee and other unspecified damages
• Nat’l Wine & Spirits, Inc., et al. v. Ernst & Young LLP, 976 N.E.2d 699 (Ind. Ct. App. 2012), defense of accounting firm regarding conduct during audit
• Veolia Water Indianapolis, LLC v. Nat’l Trust Ins. Co., 973 N.E.2d 3 (Ind. Ct. App. 2012), defense of municipal water utility in
action for damages resulting from fire loss
• Stephen Harlow, et al. v. Gayle Parkevich, 868 N.E.2d 453 (Ind. Ct. App.2007), defense of accounting firm regarding trust administration claims
• Speedway SuperAmerica LLC v. Carol Anne Grube Buck, et al., No. 41A01-0509-CV-411, (Ind. Ct. App. 2006), unpublished
opinion), enforcement of commercial real estate purchase agreement
• Inlow, et al. v. Ernst & Young LLP, et al., 771 N.E.2d 1174 (Ind. Ct. App. 2002); 788 N.E.2d 1236 (Ind. 2003), defense of accounting firm in complex probate estate
Areas of Experience
•
•
•
•
Antitrust
Business Torts
Class Action
•
•
•
•
Contract
•
•
•
•
Securities
Shareholder
Practice Subgroups
• Business Torts
• Real Estate
• Citizens Energy Group (utility litigation)
• Ernst & Young LLP (professional services litigation)
• PNC Wealth Management (estate/trust issues)
• DePauw University (student conduct matters, other liability related matters)
• Wabash Valley Produce, Inc. (commercial litigation)
Education
• 1978, J.D., Indiana University Robert H. McKinney School of Law, cum laude
• 1973, B.A., DePauw University
®
29
IOWA
In a 21 year legal/business career, Paul Gamez has accumulated extensive business and business litigation experience. He has
devoted 90+% of his time while in private practice (11 years) to business and employment litigation. For an additional 10 years,
Paul worked in an executive/business unit leader role, where he was responsible for business unit financial results and business litigation for a large national equipment financing firm.
Paul D. Gamez
Simmons Perrine Moyer
Bergman PLC
115 Third Street SE
Suite 1200
Cedar Rapids, IA 52401
(319) 896-4060 Office
(319) 366-1917 Fax
(319) 899-6168 Cell
(319) 362-8925 Home
pgamez@simmons
perrine.com
www.simmonsperrine.com
• Most recently, represented a FINRA member broker dealer in five related FINRA arbitration matters and two United States
Circuit Court cases. The FINRA arbitrations resulted in two complete defense verdicts that prompted the dismissal of the
remaining three arbitrations. The Circuit court decisions include: Berthel Fisher & Company Financial Services, Inc., et al.
v. Craig Larmon et al., 695 F.3d 749 (8th Cir. 2012); Scarborough v. Berthel Fisher & Company Financial Services, Inc. et al.,
478 Fed. Appx. 393 (9th Cir. 2012).
• Also recently obtained the dismissal of a trade secret claim via summary judgment in an Iowa state court matter, Richard
A. Primmer et al. v. John Langer et al., LACV00717, Iowa District Court in and for Benton County (February 14, 2012).
Areas of Experience
•
•
•
•
Business Torts
Contract
Financing
•
•
•
•
Lessor / Lessee
Securities
Offerings
Practice Subgroups
• Business Torts
• Returned to private practice in 2010. Prior to that time, authored articles on numerous topics for the Equipment Leasing
Association and served as the Chairman of its Legal Committee for two years.
• Berthel Fisher & Company Financial Services, Inc.
Education
• 1991, J.D., University of Iowa College of Law
• 1988, B.A., University of Iowa
®
30
IOWA
Most of Kevin Visser’s practice is federal business litigation, including business torts, competition, and employment issues.
Kevin J. Visser
Simmons Perrine Moyer
Bergman PLC
115 Third Street SE
Suite 1200
Cedar Rapids, IA 52401
(319) 896-4059 Office
(319) 366-1917 Fax
(319) 573-6332 Cell
kvisser@simmons
perrine.com
www.simmonsperrine.com
• EEOC vs. CRST, Case Nos. 09-3764, 09-3765, 10-1682 (8th Cir. May 8, 2012) – Employer gains dismissal of 294-woman sex
harassment claim and is awarded $4.5 MM in attorney fees.
• Robert F. Kazimour Co. v. West Side Unlimited Corp., 820 N.W.2d 159 (Iowa App. 2012) – RICO and business tort damage
claims of $14MM are defeated in complex arbitration, affirmed by appellate court.
• American Family Mutual Insurance Company vs. Hollander, Case No. 2:08-cv-01039 (Northern District of Iowa) –
Insurance agent defeats competition claims and prevails on counterclaim against captive insurer.
Areas of Experience
•
•
•
•
•
•
•
Business Torts
Class Action
Contract
Derivative Actions
ERISA
• Joint Ventures
• Mergers and Acquisitions (including
Approvals)
•
•
•
•
•
•
Self-Dealing
Shareholder
Unfair Competition
Practice Subgroups
• Business Torts
• “Employment Liability in the Age of Social Media,” Benefit Solutions Seminar, 2012
• “Alternative Fee Agreements,” Association of Corporate Counsel, 2011
• “Things I Think I Might Know About Oral Advocacy or the Art of Persuasion,” Dean Mason Ladd American Inn of Court,
2011
• “Employee Misclassification,” Association of Corporate Counsel, 2010
• “EEOC/OSHA/NLRB Enforcement Agendas,” ATA Litigation Center, 2010
• GreatAmerica Financial Services (Competition and
complex litigation)
• CRST (Federal employment litigation)
• West Side Unlimited (Trial work)
Education
• 1980, J.D., University of Iowa College of Law
• 1978, B.S., Economics, Central Missouri State
• Iowa Academy of Trial Lawyers
• ABOTA
®
31
KENTUCKY
Mark is Co-Chair of Bingham Greenebaum Doll’s Litigation Practice Group, and his practice is devoted exclusively to business
litigation. He is experienced in resolving a wide array of business disputes, including commercial contract claims, environmental litigation, class actions and professional liability claims. Mark has more than 25 years of experience, and is listed in The
Best Lawyers in America for Commercial Litigation, named as a “local litigation star” by Benchmark Litigation, and named to
the Kentucky “Super Lawyers” list for business litigation. Mark maintains a diverse business litigation practice representing
clients in trial courts, on appeals and in mediation and arbitration throughout Kentucky and the nation.
Mark S. Riddle
Bingham Greenebaum
Doll LLP
3500 National City Tower
101 S. Fifth Street
Louisville, KY 40202
(502) 587-3623 Office
(502) 540-2194 Fax
(502) 445-1720 Cell
[email protected]
www.bgdlegal.com
• Obtained defense jury verdict in favor of engineering firm in connection with natural gas pipeline explosion
• Representation of numerous financial institutions and manufacturers in defending class actions, including successful dismissal of class action lawsuit filed against a national bank
• Successful prosecution, defense and resolution of a wide variety of business disputes, breach of contract, professional liability and environmental litigation matters
• Substantial experience in mediation and arbitration, including proceedings before the American Arbitration Association
and JAMS
Areas of Experience
•
•
•
•
Business Torts
Class Action
Contract
• Environmental / Energy
• Franchise
• Lessor / Lessee
• UCC
Practice Subgroups
• Business Torts
• “Class Action Litigation Challenging NSF and Late Fees,” 22nd Annual Conference on Legal Issues for Financial
Institutions, University of Kentucky College of Law
• “An Overview of Buyer’s Rights and Remedies Under the Uniform Commercial Code,” Purchasing Management
Association of Louisville
• “Electronically Stored Information and E-Discovery: The Impact of the Amendments to the Federal Rules of Civil
Procedure”
• “Planning to Avoid (or Win) Business Litigation”
• “Control Paper Flow During Business Disputes,” Business First
• Aon PLC
• Humana Inc.
• Nuplex Resins, LC
• Zeon Chemicals, Inc.
Education
• 1983, J.D., University of Kentucky College of Law
• 1980, B.A., Business Administration, University of Kentucky
®
32
Richardson, Whitman, Large & Badger
MAINE
Wendell’s focus is trial work: jury trials, court trials, arbitrations and regulatory proceedings. His cases are not limited by subject matter, but have included areas of civil litigation in Maine.
Wendell has been recognized as a Fellow of the American College of Trial Lawyers, has been elected to the American Board
of Trial Advocates and has been certified as a Civil Trial Advocate by the National Board of Trial Advocacy.
Wendell G. Large
Richardson, Whitman,
Large & Badger
465 Congress Street
P.O. Box 9545
Portland, ME 04112
(207) 774-7474 Office
(207) 774-1343 Fax
(207) 838-0891 Cell
[email protected]
www.rwlb.com
Areas of Experience
• Contract
• Healthcare
• Non-Competition Agreements
Practice Subgroups
• Healthcare
• Real Estate
Education
• 1978, J.D., University of Virginia School of Law
• 1975, A.B., University of North Carolina at Chapel Hill, with honors
®
33
MASSACHUSETTS
Rory Fazendeiro has fourteen years of extensive business litigation experience in state and federal courts in multiple jurisdictions,
and at all stages of litigation, including trials (first chair), appeals, and ADR. Primary business litigation matters include real estate, construction, corporate, non-competition and trade secret matters, intellectual property, and financial services litigation.
Rory Z. Fazendeiro
Adler Pollock &
Sheehan P.C.
175 Federal Street
10th Floor
Boston, MA 02110
(617) 482-0600 Office
(617) 482-0604 Fax
[email protected]
www.apslaw.com
• Defeated trademark infringement claims under the Lanham Act in trial court and First Circuit appeal; case named 2013
Most Important Opinion, Patent and Trademark Law.
• Achieved significant bench-trial verdict for injunctive relief, damages and attorneys’ fees as first chair trial counsel in real
estate litigation involving multiple commercial properties.
• First-chair trial counsel in federal court (D. Mass.) complex fraud case involving international business transactions; case
was tried after two-week, fast-track discovery.
• Obtained summary dismissal of claims and fee award in real estate lis pendens action concerning proposed 40B development; decision and fee award affirmed on appeal.
• Awarded summary judgment in defending health care solutions client in federal court wage and hour claims, leading to
favorable settlement.
• Representation of limited partner in breach of fiduciary duty, mismanagement and fee litigation involving low-income
housing tax credit investment.
Areas of Experience
•
•
•
•
•
•
•
•
•
•
Business Governance
Business Torts
Contract
Joint Ventures
Lender Liability
Lessor / Lessee
Approvals)
Development
• Shareholder
• Sports
• UCC
Fiduciary
• Real Estate
Practice Subgroups
• Business Torts
• “Employment Covenants: Protecting Your Most Valuable Business Interests,” Speaker, Rhode Island Continuing Legal
Education, May 2013
• “Managing Business Liability Risks for Emerging Business,” Speaker , Smaller Business Association of New England
Breakfast Seminar, 2012
• “Understanding Real Estate Liens” Adler Pollock & Sheehan P.C., Client Seminar, 2011-2014
•
•
•
•
DDR Corp.
Dow Roofing Systems
Source Code Corporation
Cargo Ventures, Inc.
•
•
•
•
Colbea Enterprises, LLC
RBS Citizens, N.A.
Blue Front Telecom Group
Severn Wye & Smokery Ltd.
Education
• 2000, J.D., Roger Williams University School of Law, Bristol, RI, Roger Williams Law Review; Notes and Comments Editor
• 1994, B.A., Hobart College, Geneva, NY
®
34
MASSACHUSETTS
Mr. Sachs is primarily a transactional attorney who provides assistance and counsel to litigators in real estate, banking, joint
venture and partnership litigation.
Jonathan M. Sachs
Adler Pollock &
Sheehan P.C.
175 Federal Street
10th Floor
Boston, MA 02110
(617) 482-0600 Office
(617) 482-0604 Fax
(617) 429-3379 Cell
[email protected]
www.apslaw.com
• Represented tenant in dispute regarding right of first offer for restaurant property. The tenant secured a Lis Pendens on
the property resulting in conveyance of the property to tenant for the agreed upon price.
• Represented multi-family housing owner in connection with litigation regarding construction of an amenities building.
• Represented joint venture partner in connection with litigation regarding breach of fiduciary duty owed to a partner in
closely held entity. The client prevailed in the matter.
Areas of Experience
•
•
•
•
•
•
Contract
Creditor
•
•
•
•
•
•
Financing
Joint Ventures
Lender Liability
Lessor / Lessee
Development
• UCC
Practice Subgroups
• Real Estate
• Wells Fargo Bank
• HSBC Bank
• Metropolitan Properties of America, Inc.
• State Street Bank & Trust
Education
• 1993, J.D., Boston College Law School, cum laude
• 1990, B.A., History, St. Lawrence University, Phi Beta Kappa, magna cum laude
®
35
MINNESOTA
Shawn focuses his practice on business litigation, class actions, antitrust, and unfair competition. He is recognized in The Best
Lawyers in America and has been named a Minnesota “Super Lawyer” every year since 2004. Shawn has tried cases to verdict in
state, federal and administrative courts and has served as lead counsel in multi-district and class action litigation. He serves on
the Board of Directors of the USLAW Network and was the Chair of USLAW’s Business Litigation and Class Action practice group.
Shawn M. Raiter
30 East 7th Street
Suite 2800
St. Paul, MN 55101
(651) 312-6518 Office
(651) 312-6618 Fax
(651) 336-8770 Cell
[email protected]
www.larsonking.com
• Represented Fortune 100 company in multiple multi-million dollar contract disputes with suppliers of non-conforming
products
• Represented pharmaceutical company in significant contract dispute regarding leased equipment and resolved the claim
asserted against our client for less than 5% of the damages initially claimed
• Represented industry leading product manufacturer in offensive Lanham Act and trademark infringement claims related
to a competitor’s online and other advertising campaigns
• Served as lead or co-lead counsel in several multi-district litigations involving class action and mass tort claims
• Represented numerous clients in disputes relating to non-competition agreements, insurance coverage recovery actions,
consumer protection and contract claims
Areas of Experience
•
•
•
•
•
•
•
•
•
Antitrust
Business Torts
Class Action
Consumer Protection
Contract
•
•
•
•
•
•
•
•
•
False Advertising
Healthcare
Insurance Claims
Lender Liability
Lessor / Lessee
Liability Coverage
• Securities
• UCC
Practice Subgroups
• Business Torts
•
•
•
•
•
“Unfair Competition Update,” USLAW Conference, 2012
“Class Action Update,” DRI Young Lawyers Seminar, 2012
“Handling Evidence Before and During Trial,” Minnesota CLE, 2011
“The Current Status of Class Action Law,” Minnesota CLE, 2011
“Class Action Supreme Court Update,” USLAW Conference, 2011
• 3M Company (business litigation and advice)
• CH Robinson Worldwide (business litigation and advice)
• Louisiana Pacific Corporation (business litigation and
advice)
• Taro Pharmaceutical (business litigation and advice)
• Walker Methodist Healthcare (business litigation and
advice)
• Securian Financial (business litigation and advice)
Education
• 1993, J.D., William Mitchell College of Law, magna cum laude
• 1990, B.A., University of Minnesota
®
36
MINNESOTA
Peter J. Gleekel
30 East 7th Street
Suite 2800
St. Paul, MN 55101
(651) 312-6555 Office
(651) 312-6618 Fax
[email protected]
www.larsonking.com
Peter Gleekel is a complex commercial litigator with more than 30 years of jury and bench trial experience in federal and state
courts throughout the nation. Ranked by peers as “AV Preeminent” in LexisNexus Martindale-Hubbel ratings, Peter specializes
in an aggressive, efficient, agile and effective practice with particular expertise in corporate ownership and governance disputes and intellectual property litigation. As lead counsel and strategist for international, national and local clients, Peter has
in-depth experience navigating all areas of IP law, including complex trade secrets, trademark dilution, copyright, trade dress,
patent design, unfair competition, computer fraud and non-compete claims.
In more than three decades trying and arbitrating cases, Peter has developed a unique ability to understand both the big picture issues and the arcane minutiae that define and drive a case; his experience crosses a wide spectrum of industry, from wine
manufacturing to hair care production to construction to consumer electronics.
•
•
•
•
Edward Kraemer & Son’s Inc. v. Wybierla, Butler and Poor Richards Inc. – Defense verdict in Civil RICO case
Louis Roederer’s v. J. Garcia Carrio – Trademark infringement. Preserved client’s right to use brand name
M.F. Bank Restoration Co. v. Elliott Bray and Reilly – Contract action, favorable plaintiff judgement
US Bank NA, as Trustee v. Coldspring Granite Company – Minority shareholder dispute
Areas of Experience
•
•
•
•
•
•
Antitrust
Business Governance
Business Torts
Contract
•
•
•
•
•
•
Derivative Actions
False Advertising
•
•
•
•
•
Shareholder
UCC
Unfair Competition
Practice Subgroups
• Business Torts
• Firepower Marketing Company
• Lakes Restaurant Inc.
• Lexicon Medical Inc.
• Watershed Partners
Education
• 1983, J.D., Washington University in St. Louis School of Law
• 1980, B.S., University of Minnesota, magna cum laude
®
37
MINNESOTA
Bill serves his clients nationally and locally, defending and asserting their commercial positions, contractual rights, reputations, products, and services. His commercial litigation practice extends to breach of contract, dealership terminations, commercial transactions, and UCC claims. In the course of his national client representation, he has been admitted pro hac vice in
the state or federal courts of Wisconsin, Washington, Texas, Missouri, Idaho, Ohio, and Illinois.
William J. Tipping
30 East 7th Street
Suite 2800
St. Paul, MN 55101
(651) 312-6508 Office
(651) 312-6618 Fax
(651) 210-9480 Cell
[email protected]
www.larsonking.com
• Defended Fortune 500 retail grocery and supply chain network against $1 million claim for breach of contract. Decision in
favor of client.
• Defended international manufacturer of dairy diary equipment against $1.9 million breach of contract claim. Verdict in
favor of client.
• Defended international manufacturer of textiles against $4 million claim for indemnity/attorneys’ fees arising out of
product litigation. Decision in favor of client. Affirmed in the U.S. Court of Appeals for the Federal Circuit.
Areas of Experience
• Business Governance
• Business Torts
• Contract
• Distributor / Manufacturer Supplier
• False Claims Actions
• False Advertising
• Shareholder
• UCC
• 3M
• DeLaval Inc.
Education
• 1985, J.D., William Mitchell College of Law, magna cum laude
• 1977, B.A., Carleton College
®
38
Lashly & Baer, PC
MISSOURI
Stephen L. Beimdiek has over 29 years of experience as a business litigation attorney, with a wide variety of business litigation
matters comprising a large percentage of his practice. Mr. Beimdiek has tried over 50 cases to verdict in a number of different jurisdictions, and has successfully disposed of numerous other cases by dispositive motion. Mr. Beimdiek’s experience in business
litigation matters includes real estate transactions/contracts, stock agreements, employment contracts, brokerage agreements,
contracts for services, banking matters, warranty claims, fraud claims, lender liability, and general business/commercial disputes.
Steve is AV rated with Martindale Hubbell, is a past chair of the USLAW NETWORK, Inc. Business and Commercial Litigation
Practice Group, and served on the USLAW NETWORK Board of Directors from 2002-2010.
Stephen L. Beimdiek
Lashly & Baer, PC
714 Locust Street
St. Louis, MO 63101
(314) 436-8303 Office
(314) 621-6844 Fax
(314) 753-8086 Cell
(314) 367-7378 Home
[email protected]
www.lashlybaer.com
• Johnson Group v. Beecham – obtained verdict on behalf of commercial real estate broker for commission claimed from real
estate transaction, where new law was made under quantum meruit theory
• Schwartz v. Custom Printing Company – obtained judgments in favor of printing company on multiple claims brought by
its former President/CEO including breach of employment contract, breach of stock agreement, shareholder’s derivative
action, and breach of fiduciary duty. Judgments were recognized as one of the top defense verdicts in Missouri
• Eureka Development v. Port Jefferson Realty – trial regarding breach of contract and breach of duty of good faith with respect to multi-million agreement for purchase of real estate
• Toastmaster v. Commerce Bank – obtained verdict on behalf of Bank on multiple claims under UCC for handling of checks
• Obtained summary judgment on behalf of Resolution Trust Corporation on a $10 million claim brought against it by investors in a Dallas, TX condominium project
• Obtained summary judgment on behalf of Bi-State Development Agency on a $6 million claim brought against it for
breach of contract and fraudulent misrepresentation by a fixed based operator with respect to a lease agreement
Areas of Experience
•
•
•
•
•
•
•
•
Business Torts
Consumer Protection
Contract
Creditor
•
•
•
•
•
•
•
Environmental/Energy
Insurance Claims
Lender Liability
Lessor / Lessee
Liability Coverage
•
•
•
•
•
•
•
Shareholder
UCC
Vendor / Supplier
Practice Subgroups
• Business Torts
• Real Estate
• “Damage Control: Avoiding or Minimizing Consequential and Liquidated Damages in Contract Disputes,” 2013 USLAW
Fall Client Conference
• Clear Channel Communications
• Cooper Industries
• General Motors, LLC
• United States Steel Corporation
Education
• 1985, J. D., St. Louis University School of Law
• 1981, B.A.,Tulane University
®
39
Baird Holm LLP
NEBRASKA
Jill Robb Ackerman
Baird Holm LLP
1500 Woodmen Tower
Omaha, NE 68102-2068
(402) 636-8263 Office
(402) 344-0588 Fax
(402) 676-6233 Cell
(402) 397-5861 Home
jrackerman@
bairdholm.com
www.bairdholm.com
Jill Robb Ackerman is the chairperson of the Litigation Section of Baird Holm LLP. She represents individuals and businesses with
respect to complex business litigation in federal and state courts and arbitration proceedings concerning corporate disputes,
copyright, trademark, unfair competition, and computers and technology. She is trained as a mediator and has represented many
clients in mediation and other forms of early disputes resolution when that is the preferred method of resolving the dispute. Ms.
Ackerman is in Chambers USA, America’s Leading Lawyers for Business (Chambers & Partners Publishing 2005-2012), Nebraska
Super Lawyers (© 2007-20121), and Benchmark, America’s Leading Litigation Firms and Attorneys, (Institutional Investors © 2009)
for her work in intellectual property litigation and business litigation. She is also listed in The Best Lawyers in America® 2012
(copyright 2012 by Woodward/White, Inc., Aiken, SC) and was selected as Best Lawyers’ 2012 Omaha Copyright Law Lawyer of the
Year and as a Top 250 Women in Litigation© (2012 Benchmark Litigation). She is a Fellow in the Litigation Counsel of America.
• Represented clients in breach of contract cases concerning technology matters
• Represented clients in construction disputes
• Represented numerous clients in trademark, copyright, trade secret, unfair competition, consumer fraud cases, deceptive
trade practice, and breach of warranty claims
• Represented four school districts and multiple individuals in civil rights case to provide a quality education to low income,
minority and non-English speaking students, which led to restructuring of Nebraska school finance laws
• Represented companies in conducting internal investigations of alleged breaches of duty
• Successfully defended companies in class actions by obtaining court orders denying certification of classes
• Obtained summary judgment on statue of repose in toxic tort case
• Represented clients in product cases concerning fork lifts and acetone
• Represented environmental product manufacturer in international arbitration to terminate distributor in Thailand
• Represented multiple claimants in securities arbitrations
Areas of Experience
•
•
•
•
•
•
•
•
•
•
•
•
Antitrust
Business Governance
Business Torts
Class Action
Compliance Audits
Consumer Protection
Contract
Cyber Risks
•
•
•
•
•
•
•
•
•
•
•
•
Entertainment
False Advertising
First Amendment
Healthcare
Insurance Claims
International
Joint Ventures
Liability Coverage
Licensing
•
•
•
•
•
•
•
•
•
•
Media
Privacy Issues
Shareholder
Unfair Competition
Practice Subgroups
• Business Torts
Fiduciary
• "Strategies for Litigating Contract Cases," USLAW Fall Conference, Washington D.C., October, 2012
• "Vendor Non-Performance: What to Do Before you Throw the Vendor Out," Baird Holm Technology and Intellectual
Property Forum, October, 2012
• “Understanding the Corporate Attorney-Client Privilege,” NATA Seminar: Winning Trial Strategies, October 2011
• “For Sale: Search Engine Keywords and ‘Used’ Digital Books,” USLAW Fall Conference, Chicago, September 2011
• “Copyright and Trademark Law,” Law Review CLE, May 2011
• “20 Ways to Protect the Attorney-Client and Work-Product Privileges when Working with Experts.” The Practical Litigator,
ALI-ABA, March 2010
• “Product Safety Crackdown – Sweeping CPSA Changes Impact Marketing, Shipping, Quality,” USLAW Magazine, SpringSummer 2009
• “Chapter 1 - School Finance Litigation in Nebraska, Nebraska Coalition for Educational Equity and Adequacy v.
Heineman,” A Quality Education for Every Child: Stories from the Lawyers on the Front Lines, Co-Authored with Elizabeth
Eynon-Kokrda, 2009
• “Practical Steps to Protect the Attorney-Client Privilege and the Work-Product Privilege While Working With Experts,”
Intellectual Property Litigation, Vol. 20, No. 1, Fall 2008 (ABA Intellectual Property Litigation Committee of the ABA Section
of Litigation 2008)
• “Implementing an Effective Litigation Hold Directive,” Benchmark – The Definitive Guide to America’s Leading Litigation
Firms and Attorneys. The Institutional Investor, 2008
• Omaha Public Schools
• Infogroup, Inc.
• ACE Insurance
Education
®
• 1984, J.D., Creighton University School of Law
(summa cum laude)
• 1976, B.S. Ed., Northern Arizona University
(magna cum laude)
• Alph Sigma Nu
40
Thorndal Armstrong Delk Balkenbush & Eisinger
NEVADA
Mr. Brown has been licensed to practice law for nineteen years. He has practiced civil litigation for his entire career. He began
his business litigation practice negotiating contracts for the City of Reno Nevada in 1994. During his time he was involved in
both public works contracts and labor contract litigation. He continued expanded his experience by representing Washoe
County, Nevada in multiple business litigation matters including eminent domain and land use matters. As a partner with
Thorndal, Armstrong, Delk, Balkenbush and Eisinger, Mr. Brown’s business litigation consumes 60% of his practice.
Brian Matthew
Brown
6590 S. McCarran Blvd.
Suite B.
Reno, NV 89509
(775)786-2882 Office
(775)786-8004 Fax
(775) 846-1056 Cell
(775)846-1056 Home
[email protected]
www.thorndal.com
• Litigated Breach of Installation Contract regarding the installation of a substantial motion theater attraction at a Las Vegas resort. The matter involved claims and counter claims in excess of six million dollars. The matter was subjected to the AAA arbitration program. After a weeklong hearing the complex construction litigation panel found in favor of Mr. Brown’s clients.
• Litigated a breach of contract matter which arose out of the muti-million dollar sale of a construction company. The matter was resolved between the parties prior to trial.
• Litigated multiple land use matters on behalf of local companies and municipalities including matters of eminent domain.
Areas of Experience
•
•
•
•
•
•
•
Asset
Business Governance
Business Torts
Class Action
Consumer Protection
•
•
•
•
•
•
•
Contract
First Amendment
Franchise
Insurance Claims
•
•
•
•
•
•
Liability Coverage
Privacy Issues
UCC
Vendor / Supplier
Zoning / Land Use
Practice Subgroups
• Business Torts
Fiduciary
• Robert Allen Pools and Spas
• CTMI Solutions
• Mandalay Resort Group
• Anytime Fitness
• Washoe County Nevada
Education
• 1994, J.D., California Western School of Law
• 1992, B.A., Economics, San Diego State University
®
41
Thorndal Armstrong Delk Balkenbush & Eisinger
NEVADA
Mr. Terry has been involved in active business litigation for the last 25+ years. Generally, business litigation encompasses 35%
of his day to day practice. His experience deals with litigation on behalf of numerous business clients, as well as corporate representation and formulating business entities in Nevada. His business litigation experience encompasses foreclosure proceedings, breach of contract actions, representing companies and employees in employment agreement litigation, and in most
all general business litigation.
Brian K. Terry
1100 East Bridger Avenue
Las Vegas, NV 89101
(702) 366-0622 Office
(702) 366-0327 Fax
(702) 460-3845 Cell
(702) 896-8445 Home
[email protected]
www.thorndal.com
• Bilbray Enterprises adv. Mariner’s View (2012). Successful representation of client on encroachment issues relating to easements and the validity of easements under Nevada law.
• Robbins adv. Mohave State Bank (2012). Represented client inappropriately foreclosed upon and prevailed on motion for
summary judgment.
• C1 Search vs. Staffing Network (2012). Represented nationwide company being sued for breach of confidentiality agreement and non-competition clause by hired employee.
• Webster Bank National Association adv. Ruettger. Represented bank in Nevada foreclosure action and successfully resolved
same.
Areas of Experience
•
•
•
•
•
•
Business Governance
Business Torts
Contract
Creditor
•
•
•
•
•
•
Franchise
Joint Ventures
Lessor / Lessee
Development
Practice Subgroups
• Business Torts
• Real Estate
• R. B. Properties, Inc. (General representation in all litigation matters concerning real estate transactions, contracts, leasehold interest, property development, etc.)
• Webster Bank, National Association (foreclosure proceedings in Nevada)
• Turnberry (business litigation and breach of contract actions, etc.)
Education
• 1987, J.D., Northwestern School of Law, Lewis and Clark College
• 1980, B.A., Organizational Communication/Business Management, Brigham Young University
®
42
Gallagher, Callahan & Gartrell
NEW HAMPSHIRE
Mr. Cairns has been involved in active business litigation for over 20 years. His clients have ranged from sole proprietorships,
to closely held corporations and LLCs, to publicly traded companies, and covered issues such as intellectual property, contract
and employment disputes. Additionally, he has defended and prosecuted actions on behalf of banks on matters including loan
defaults, real estate title disputes and defalcation.
R. Matthew Cairns
Gallagher, Callahan &
Gartrell
214 North Main Street
Box 1415
Concord, NH 03302-1415
(603) 545-3622 Office
(603) 224-7588 Fax
(603) 496-0864 Cell
[email protected]
www.gcglaw.com
• Williams v. Bank of New England (2012) – Successful representation of bank in action to dissolve mortgage.
• Bourne v. Laconia Savings Bank (2011) – Successful representation of bank in three related matters involving alleged subprime mortgage scheme.
• Kalika v. Boston & Maine Railways (2011 and 2012) – Successful defense of trespass, wrongful takings and fraud actions by
abutting landowner.
Areas of Experience
•
•
•
•
•
Business Formation
Business Torts
Condemnation/Eminent Domain
Contract
Creditor
•
•
•
•
•
Executive Compensation
General Business Corporate
Joint Ventures
Lessor/Lessee
•
•
•
•
•
Real Estate Ownership
Tax Abatement
Unfair Competition
Practice Subgroups
• Real Estate
• Banking
• Corporate Tax
•
•
•
•
Bank of New Hampshire
Bank of New England
U-Haul
Boston & Maine Railroad
• Vacation Resorts International
• BJ’s Wholesale Club
• Public Service of New Hampshire
Education
• 1986, J.D., Case Western Reserve University School of Law, Cleveland, OH, cum laude
• 1983, B.A., History and International Relations, Brown University, Providence, RI
®
43
Modrall Sperling
NEW MEXICO
Since 1997, Jennifer has provided counsel and litigation support for clients from a variety of industries including pharmaceutical companies, manufacturers of vehicles and vehicle components, medical suppliers, national retailers, school districts and
insurance companies. As head of the firm’s Litigation Department, Jennifer both litigates and supervises business litigation
matters.
Jennifer G. Anderson
Modrall Sperling
500 4th Street NW
Suite 1000
Albuquerque, NM 87102
(505) 848-1809 Office
(505)848-9710 Fax
(505) 264-8718 Cell
(505) 292-6557 Home
Jennifer.Anderson@
modrall.com
www.modrall.com
Jennifer has not had to try one of these cases to verdict, but she has been involved in numerous evidentiary hearings in the following types of matters:
• Successfully represented a large national retailer in a wage and hour class action.
• Represented a multi-state provider of medical malpractice insurance as coverage counsel. Served as trial counsel for the
carrier in two significant coverage disputes and in a regulatory dispute with the State of New Mexico.
• Served as trial counsel for pharmaceutical companies and manufacturers of dietary supplements and medical devices in
product liabilities litigation.
• Served as trial counsel in class actions and individual claims for creditors and collection agencies under Fair Debt
Collection Practices Act and Fair Credit Reporting Act.
• Represented manufacturers of mobile homes and recreational vehicles in product liability and consumer protection litigation.
Areas of Experience
•
•
•
•
•
Business Torts
Class Action
Consumer Protection
Contract
Credit Reporting
•
•
•
•
First Amendment
Healthcare
•
•
•
•
Insurance Claims
Liability Coverage
Vendor / Supplier
Practice Subgroups
• Business Torts
• Healthcare
• Albuquerque Public Schools (personal injury, contract
disputes, employment disputes, civil rights claims, and
disciplinary matters)
• Albuquerque Academy (personal injury, contract disputes, employment disputes, civil rights claims, and disciplinary matters)
• AXIS Insurance (personal injury matters and contract
cases)
• Auto-Owners Insurance (personal injury matters, product
liability matters, and contract cases)
• The Doctors Company (coverage litigation and regulatory
litigation)
• Travelers Insurance (consumer protection litigation, including class actions premised on the Fair Debt
Collection Act and the Fair Credit Reporting Act)
Education
• 1997, J.D., University of Michigan Law School, cum laude
• 1992, B.S., Political Science, Santa Clara University, magna cum laude, Phi Beta Kappa, Pi Sigma Alpha
®
44
Modrall Sperling
NEW MEXICO
Martha represents business clients in diverse areas of civil litigation in federal and state courts throughout New Mexico, at both
trial and appellate levels. She brings over twenty-five years’ experience to her active tort, product and professional liability
practice. Martha regularly represents professionals and professional organizations, healthcare providers, product manufacturers, retail service providers, and other commercial entities, in the defense of diverse claims ranging from product, professional or other liability, wrongful death, unfair trade practices, and all other tort and contract issues. Her representation of
commercial and non-profit entities has included defense of claims including lender liability, contract and other commercial
disputes.
Martha G. Brown
Modrall Sperling
500 4th Street NW
Suite 1000
(505) 848-1874 Office
(505)848-9710 Fax
Martha.Brown@
modrall.com
www.modrall.com
• Obtained directed verdict after two and half weeks of trial in liability lawsuit on behalf of bank as lender to commercial
feedlot in suit by feedlot’s commercial dairy customers involving pre-paid feed contracts. The year prior, obtained discovery sanctions of $50,000 in same case along with disqualification of opposing counsel and vacating of trial.
• Represented long-term care provider in class action tried in New Mexico State court, alleging violation of the New Mexico
Continuing Care Act.
• Extensive experience with issues involved in enforcement of arbitration clauses in business and healthcare agreements, under
New Mexico law and the Federal Arbitration Act, and in state and federal courts. Recently won reversal on appeal of order
denying arbitration. See Barron v. The Evangelical Lutheran Good Samaritan Society, et. al.,2011 NMCA 094, 265 P.3d 720.
Areas of Experience
•
•
•
•
Business Torts
Class Action
Contract
•
•
•
•
Entertainment
•
•
•
•
Healthcare
Insurance Claims
Lender Liability
Liability Coverage
Practice Subgroups
• Business Torts
• Healthcare
• WHPacific, Inc (general business litigation, including registered agent, contract issues, defense of liability claims)
• The Evangelical Lutheran Good Samaritan Society (miscellaneous advice regarding New Mexico matters, including tax assessment question, liability issues)
• Marriott Claims Services (liability claims)
• Stone Age Climbing Gym (miscellaneous litigation, business and liability matters)
• Presbytery of Santa Fe (general business litigation, including property issues, non-profit organization and foreclosure issues, employment)
Education
• 1983, J.D., University of Wisconsin Law School, (Graduate Teaching Assistant, 1981-1983)
• 1979, B.A., Government, Pomona College
®
45
Modrall Sperling
NEW MEXICO
Timothy C. Holm
Modrall Sperling
500 4th Street NW
Suite 1000
(505) 848-1817 Office
(505)848-9710 Fax
(505) 264-8734 Cell
Timothy.Holm@
modrall.com
www.modrall.com
Timothy Holm has more than twenty-five years of experience in civil litigation. His practice is focused on class actions and
mass torts, products liability litigation (including medical devices, pharmaceutical products, dietary supplements, heating and
ventilation products, and other products), and consumer protection litigation (UPA, UIPA, FDCPA, FCRA), along with commercial and personal injury litigation. He is experienced in trials, evidentiary hearings and administrative proceedings. In addition, he is skilled in pre-trial practice and in obtaining 12 (b)(6) dismissals and summary judgments.
Tim actively participates in Defense Research Institute, International Association of Defense Counsel, New Mexico Defense
Lawyers Association and USLAW Network. In addition, he is a member of the Local Civil Rules Committee of the U.S. District
Court for the District of New Mexico.
Since 2009, Tim has been recognized by Best Lawyers in America® in the areas of products liability litigation, mass tort litigation, and railroad law. In 2013, he was named by Best Lawyers in America® Lawyer of the Year, Mass Tort Litigation/Class
Action-Defendants, Albuquerque. Benchmark Litigation has named him a Local Litigation Star in 2013, he received recognition
from Southwest Super Lawyers in 2013, and is Martindale-Hubbell AV ®Preeminent Peer Review Rated.
• Successful defense of numerous insurance companies in modal premium and installment fee multi-state class action
claims for alleged UPA and UIPA violations, with dismissal of all claims with no award or settlement amount or anything
to Plaintiffs’ counsel, named Plaintiffs, or the putative class members.
• Summary judgment in favor of pharmaceutical company in wrongful death case, upheld on appeal, confirming that the
discovery rule does not apply to wrongful death actions under New Mexico wrongful death statute.
• Reversal of denial of bid protest on $40 million construction project.
• Successful defense of car dealership in class action lawsuit.
• Continued representation of national pharmaceutical company in action brought by Attorney General for civil penalties
under the UPA, including 12 (b)(6) dismissal of certain UPA claims.
• Successful representation of nationwide retailer in class action employment claim for off-the-clock wages.
Areas of Experience
•
•
•
•
Business Torts
Class Action
Consumer Protection
•
•
•
•
Contract
Credit Reporting
Creditor
False Advertising
•
•
•
•
UCC
Unfair Competition
Vendor / Supplier
Practice Subgroups
• Business Torts
• Legal Malpractice State of New Mexico, 50 State Survey of Legal Malpractice Law published by American Bar Association,
New Mexico chapter co-authored with Charles Armgardt and Kenneth L. Harrigan, 2012
• New Mexico Section, Legal Malpractice Law, 2012 edition
• New Mexico Section, Business Torts: A Fifty State Guide, 2012 edition
• New Mexico Section, ABA Practitioner’s Guide to Class Actions, 2010
• “Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico,” USLAW Transportation Law
Compendium, March, 2009
• “New Mexico Court of Appeals Rejects Discovery Rule in Wrongful Death Act Claims,” Website article, 2004
• Please visit www.modrall.com
Education
• 1987, J.D., University of North Carolina School of Law, Order of the Coif
• 1984, B.A., History and Political Science, University of North Carolina, Phi Beta Kappa, Phi Eta Sigma
®
46
NEW YORK
Salvatore Calabrese has 28 years of litigation experience. His business litigation experience involves insurance issues and liability based contract and tort. Salvatore’s banking litigation consists of defending claims of improper draft negotiation.
Areas of Experience
Salvatore J. Calabrese
Ahmuty, Demers &
McManus
199 Water Street
New York, NY 10038
(212) 513-7788 Office
(212) 513-7843 Fax
salvatore.calabrese@
admlaw.com
www.admlaw.com
• Business Torts
• Contract
Practice Subgroups
• Business Torts
Education
• 1982, J.D., St. John’s Law School
• 1976, B.A., City University of New York
®
47
NEW YORK
Robert Hindman has practiced law for over 37 years. During which period he has defended a wide variety of cases through all
stages of litigation in State and Federal Courts, from inception through trial; and even some appellate work. About 10% of his
practice is devoted to business litigation.
Robert J. Hindman
Ahmuty, Demers &
McManus
640 Johnson Avenue
Suite 103
Bohemia, NY 11716
(631) 244-0219 Office
(631) 244-0250 Fax
robert.hindman@
admlaw.com
www.admlaw.com
• Ammarato v. Duraclean International: Defended franchisor sued by five individuals for 750K who were defrauded by a licensed franchisee. Plaintiffs claimed defendant was liable based on theories of apparent authority, respondeat superior,
and joint venture. Case dismissed following a bench trial in Federal Court. Dismissal affirmed on appeal to the US Court
of Appeals.
• Roberts v. Wyandanch UFSD: Defended employment contract dispute. Former school district superintendent sued district
over his termination. Following success for the defense in motion practice, case was settled.
• Quad Enterprises v. Town of Southold: Defended town in zoning dispute. Property owner sought to rezone farmland to develop same into a condominium complex of over 100 units, suitable for senior citizens with disabilities. Plaintiff sued defendant for refusal to act favorably on their application for alleged violations of Federal Law ( Americans with Disabilities
Act, and Fair Housing Act). Case dismissed by Federal District court, and dismissal sustained on appeal by US Court of
Appeals.
• Homecrest v. Millennium Personnel: Defended employment agency. Plaintiff company allegedly sustained substantial
monetary damages from embezzlement by bookkeeper placed by defendant employment agency. Case turned on issue of
who had duty to do criminal background check under contract between the parties. Case settled at the trial stage for a
small fraction of claimed damages.
• Hurwitz v. Ameriquest Recovery Services: Defended debt collection agency in Federal Court class action. Defendant sued
for issuing letter to about 7,000 debtors which allegedly misstated their rights in violation of Fair Debt Collection Practices
Act. Case settled for a total sum of approximately 35K including attorneys fees.
Areas of Experience
• Class Action
• Contract
• Creditor
• Franchise
• Joint Ventures
Education
• 1974, J.D., New York Law School
• 1969, B.A., City College of New York
®
48
NEW YORK
Kenneth Alweis is a partner of the firm and Co-Chair of its Business and Commercial Practice Group. An experienced trial attorney, he has represented some of the country’s largest contractors, construction managers, shopping center developers, owners, and retailers in construction and commercial disputes, tenant litigation, and land use and zoning disputes.
Ken also chairs the firm’s Retail, Hospitality, and Development Practice Group, and assists clients in terms of lease and construction contract preparation and drafting, indemnification and insurance consulting, risk management, and land use permitting and application.
Ken holds the Martindale-Hubbell Peer Review Rating of AV Preeminent and has been recognized by Super Lawyers,
Corporate Counsel Edition and Upstate New York Super Lawyers.
Kenneth M. Alweis
5786 Widewaters Parkway
Syracuse, NY 13214
(315) 413-5400 Office
(315) 413-5401 Fax
kalweis@goldberg
segalla.com
www.goldbergsegalla.com
• Successfully defended and defeated a class action brought against a credit union for alleged deceptive business practices
arising from an automobile loan and collateral placement insurance (CPI).
• Obtained the reversal of a rescission of a resolution and contract by a municipality that attempted to thwart the development of a commercial project undertaken by our client.
• Represented bankruptcy trustee in several thousand preference actions brought to recover payments to investors arising
from Ponzi scheme involving commercial equipment leases.
Areas of Experience
•
•
•
•
•
•
•
Business Torts
Class Action
Creditor
Entertainment
First Amendment
•
•
•
•
•
•
Insurance Claims
Joint Ventures
Lender Liability
Lessor / Lessee
Development
• UCC
Practice Subgroups
• Business Torts
• Real Estate
• Moderator, “The Devil is in the Details: Drafting, Negotiating and Enforcing Contracts with an Eye Toward Litigation,”
USLAW Network Fall Conference, Colorado Springs, CO, October, 2010
• Panelist, “Landlord/Tenant Gumbo – Spice is Nice but Can You Take the Heat,” USLAW Network Spring 2010 Conference,
Miami, FL, March, 2010
• Chairman and Moderator, “Strictly Retail,” Defense Research Institute (DRI), Chicago, IL, March, 2010
• Co-Author, “Private Property or Public Forum? How the Occupy Movement Implicates Free Speech and Property Rights in
Retail Spaces,” USLAW Magazine, Spring/Summer 2012
• DDR Corp. (tenant litigation and liability work)
• Macerich (tenant litigation and liability work)
• Pyramid Companies (tenant litigation and liability work)
Education
• 1985, J.D., University of New York at Buffalo School of Law
• 1982, B.A., Binghamton University
®
49
NEW YORK
Christopher J. Belter
665 Main Street, Suite 400
Buffalo, NY 14203
(716) 566-5400 Office
(716) 566-5401 Fax
cbelter@goldberg
segalla.com
Christopher J. Belter is a senior partner at Goldberg Segalla, where he serves as Co-Chair of the firm’s Business and Commercial
Practice Group. His practice encompasses business, construction, and intellectual property law and includes the representation of a wide array of regional, national, and Fortune 500 businesses in the entertainment, construction, financial services, and
manufacturing industries. He has nearly 20 years of experience representing clients in state and federal courts across the United
States. He helps corporations resolve complex, high-exposure business disputes, both in litigation and through pre-litigation
resolution techniques, and he counsels clients on contract preparation, litigation avoidance, and other legal strategies. His experience includes disputes involving commercial transactions; the liability of directors and officers; contractual relationships
with distributors, contractors, and other third-party companies; business tort and unfair competition claims; commercial
leases; licensing; and business royalties. Chris also helps clients enforce their intellectual property rights and protect their
ideas, brands, and other intellectual property. He has handled dozens of cases involving claims of unfair competition, trade secret misappropriation, and trademark and copyright infringement in the federal courts across New York State.
Chris has been recognized by Best Lawyers in America, Super Lawyers, Corporate Counsel Edition, Upstate New York Super
Lawyers and Business First’s Legal Elite of Western New York.
• Christopher Belter efficiently resolved a $13 million claim asserted against a Fortune 100 company, in which the plaintiff
voluntarily agreed to discontinue its claim alleging wrongful termination of a beverage distribution route in New York City.
The case involved complex issues of standing, which our team resolved by showing the scenario the plaintiff presented to
the court was impossible.
• Mr. Belter successfully defended a manufacturer and related entities in a lawsuit brought by certain shareholders in the
Delaware Court of Chancery. The plaintiffs did not agree to contribute promissory notes following a merger and commenced a lawsuit involving allegations of breach of fiduciary duty, breach of contract, and conversion.
• The owner of a soap opera studio space filed a $3.5 million lawsuit against the show’s production company, claiming
breach of contract and alleging that the lease for the studio space was improperly terminated. Mr. Belter led a team that
obtained quick dismissal of the case by demonstrating that the studio’s lawsuit ignored an applicable contract provision
and distorted an inapplicable contract provision in its attempt to collect damages.
Areas of Experience
•
•
•
•
•
•
•
•
Asset
Business Governance
Business Torts
Contract
Credit
•
•
•
•
•
•
•
•
Derivative Actions
Distributor/Manufacturer Supplier
Environmental/Energy
False Advertising
Lender Liability
Liability Coverage
•
•
•
•
•
•
•
•
Self-Dealing
Shareholder
UCC
Unfair Competition
Vendor/Supplier
Practice Subgroups
• Business Torts
• “Who Can You Trust? Strategies and Pitfalls When Pursuing Lien Law Trust Fund Claims,” Commercial Law League of
America Spring Meeting and 117th National Convention, Chicago, IL, April 14, 2011
• “Litigation Strategies in a Mixed Business Tort and Intellectual Property Lawsuit,” DRI Intellectual Property Seminar on
Commercial Litigation, Chicago, IL, 2008
Education
• 1993, J.D., State University of New York at Buffalo, School of Law, Desmond Moot Court Board
• 1989, B.A., State University of New York at Buffalo
®
50
NEW YORK
Richard Braden, a partner of the firm, is a trial attorney who represents business corporations in a wide variety of matters related to commercial litigation and employment law. Rick combines comprehensive knowledge of business law with a keen understanding of today’s corporate legal environment and the wide array of issues that regularly confront employers.
Rick has a broad range of experience in representing clients before administrative agencies and in state and federal courts,
including employment discrimination lawsuits, employee benefits litigation and complex commercial cases. He has tried numerous cases involving the protection of intellectual property, contract disputes, fraudulent conveyances, breach of fiduciary
duty claims, insurance coverage issues and unfair competition/trade secret matters.
Rick has been recognized by Business First’s Who’s Who in Law and has received the Robert J. Connelly Trial Technique Award.
Richard A. Braden
665 Main Street, Suite 400
Buffalo, NY 14203
(716) 566-5400 Office
(716) 566-5401 Fax
rbraden@goldberg
segalla.com
Areas of Experience
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Business Governance
Business Torts
Consumer Protection
Contract
Creditor
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ERISA
Franchise
Joint Ventures
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Lessor / Lessee
Licensing
Shareholder
UCC
Unfair Competition
Practice Subgroups
• Business Torts
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Presenter, “USLAW EduNet Webinar for the Employment & Labor Law Group,” Webinar, February 14, 2012.
Panelist, “’Hey! It’s MySpace’…Managing Today’s Electronic Workplace,” Chicago, IL, September 24, 2011
Panelist, “What Changes May Employers Expect from the NLRB,” Colorado Springs, CO, October 9, 2010
Presenter, “New York Wage and Hour Employment Law Update,” ADP Wage and Hour Seminar, May, 2010
Education
• 1995, J.D., State University of New York at Buffalo, School of Law, magna cum laude
• 1988, B.A., State University of New York at Albany, cum laude
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51
Poyner Spruill LLP
NORTH CAROLINA
David has over 30 years of experience litigating complex business cases in state and federal courts and helping clients find creative business resolutions to difficult disputes. David is particularly attuned to the needs of business clients because he grew
up in a successful family owned business and operated his own small business for several years before going to law school.
David focuses his practice on disputes among owners of closely held businesses, minority shareholder disputes, disputes between buyers and sellers of businesses, cases involving banking, securities and accounting issues, and the defense of class actions. David also has significant experience representing financial institutions, including the forensic investigation of fraudulent
financial transactions. David devotes 100% of his practice to business litigation.
David Dreifus
Poyner Spruill LLP
301 Fayetteville Street
Suite 1900
Raleigh, NC 27602-1801
(919) 783-2817 Office
(919) 783-1075 Fax
(919) 389-0388 Cell
(919) 489-8202 Home
[email protected]
www.poynerspruil.com
• Russ v. Z-Medica (North Carolina Business Court)(2012) – David represented the manufacturer of a life-saving product used
in battlefield tactical medical conditions in a corporate governance dispute with the owners of a distribution company. With
the aid of early mediation, David was able to get the case favorably resolved before his client even had to file an answer.
• RBC Bank v. Epps, et. al. - (U.S. District Court, South Carolina)(2010-12) – David worked closely with the bank’s internal investigative unit and led the legal team in multi-party litigation to recover significant losses incurred by the bank in a mortgage fraud scheme perpetrated against the bank in 2008 by a wide-ranging conspiracy involving realtors, mortgage
brokers, developers and rogue bank employees in Myrtle Beach, South Carolina.
• Beadneal v. BB&T et. al. (North Carolina Business Court)(2011) – David led the legal team that defended BB&T in five separate lawsuits brought by 350 plaintiffs who alleged that the bank was a participant in a fraudulent scheme allegedly involving developers, appraisers and closing attorneys in coastal developments. David’s team defeated plaintiffs’ motion for
preliminary injunction against BB&T and succeeded in having all claims against BB&T dismissed on a Rule 12 motion.
• Stratton v. RBC Bank (North Carolina Business Court)(2010) – David represented RBC Bank in a case involving first impression legal issues over an ancient stock certificate. Plaintiff claimed she was entitled to thousands of shares of RBC
common stock because she located, in 1982, a certificate for 5 shares of stock that had been purchased in her mother’s
name in 1927 in a distant predecessor of RBC. Plaintiff did not bring suit until 2008. David won summary judgment for
RBC in the trial court and successfully defended that decision before the Court of Appeals.
• Wefald v. Wake Heart and Vascular Associates (North Carolina Business Court)(2009) – David defended Wake Heart in a
wrongful termination claim and shareholder dispute with a former member of the practice who challenged his “for cause”
termination. After getting the plaintiff’s claims for breach of fiduciary duty and unfair and deceptive trade practices dismissed on a Rule 12 motion, the remaining claims.
Areas of Experience
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Business Governance
Business Torts
Class Action
Derivative Actions
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False Advertising
Lender Liability
Liability Coverage
Development
• Self-Dealing
• Shareholder
• UCC
Practice Subgroups
• Business Torts
Fiduciary
• “How to Survive a Corporate Divorce.” Advising the Business Owner, Wilmington, NC, November 8, 2012
• Instructor, Duke University School of Law “January Week,” Discovery Workshop, Durham NC, 2011
• “Lenders At Risk for Being Too Involved in Developer’s Marketing Efforts,” August 29, 2012
• “Automobile Dealer Liability Under the Equal Credit Opportunity Act,” May 1, 2004
• “Insurance for ‘Advertising Injury Liability’ Provides Coverage for Trademark and Trade Dress Infringement Claims,”
October 10, 2002
Due to the nature of his practice, most of his clients tend to
have “one-off” litigation matters. The business litigation
clients he has regularly represented are:
• Branch Banking and Trust Company
• PNC Bank, National Association and its predecessor RBC
Bank (USA)
He has represented both BB&T and RBC in a wide variety of
matters, including class action defense, lender liability claims,
claims of mortgage fraud, title disputes, account disputes, and
consumer disputes.
Education
• 1980, J.D., Duke University, with distinction, Order of the Coif
• 1974, B.A., Tufts University, magna cum laude
®
• Fellow, American Bar Foundation, 2012
• Best Lawyers in America® (Commercial Litigation) 2010-2013 and (Litigation – Banking and Finance) 2013
• North Carolina Super Lawyers (Business Litigation) 2006-2012
52
Poyner Spruill LLP
NORTH CAROLINA
Approximately ninety percent of Josh’s practice is devoted to business litigation, with the remaining ten percent devoted to advising clients on how to stay out of litigation. A significant part of his practice concentrates on trade secret and unfair competition claims.Josh also has significant experience in representing companies through investigations by government agencies.
Finally, Josh has defended numerous legal and real estate professionals in malpractice claims.
Joshua B. Durham
Poyner Spruill LLP
301 S. College Street
Suite 2300
Charlotte, NC 28202
(704) 342-5284 Office
(704 ) 342-5264 Fax
(704) 502-6275 Cell
(704) 554-1575 Home
[email protected]
Josh counts among his successes the following:
• Representing a large national trucking company accused of misappropriating a vendor’s trade secrets. While the plaintiffvendor sought to recover nearly a hundred million dollars, Josh obtained an order dismissing the case prior to trial.
• Representing the aviation division of a race team in a breach of contract suit against an airplane broker that failed to deliver an aircraft in accordance with the parties’ agreement. After an eight-day trial, Josh and partner Lee Spinks obtained a
jury verdict in favor of the client.
• Representing a church pastor in a lawsuit brought by certain members of the congregation. The plaintiffs alleged that the
pastor mismanaged church resources, but Josh objected to jurisdiction, as such matter should be resolved within the
church, not the courts. Josh ultimately represented the client before the North Carolina Supreme Court, which held that
the trial court did not have jurisdiction, since the First Amendment prohibits involvement in matters of religious doctrine
and practice. The Court’s opinion has since been cited by other courts across the country.
• Representing a national poultry processor in a suit brought by landowners claiming that nearby chicken houses constituted a nuisance and were making them seriously ill. After a three-and-a-half-week trial, Josh and co-counsel Rick Kane
obtained a jury verdict for the client on all counts.
Areas of Experience
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Business Governance
Business Torts
Consumer Protection
Contract
Cyber Risks
Credit Reporting
Creditor
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Derivative Actions
First Amendment
Healthcare
Joint Ventures
Lender Liability
Lessor / Lessee
• Shareholder
Practice Subgroups
• Business Torts
• Ediscoveryjudgesincharlotte (co-planner and moderator). January, 2012 ediscovery program featuring mock Rule 26f and
Rule 16 conferences. United States Magistrate Judges John Facciola, Paul Grimm, and Andrew Peck were on the panel.
• “When Departing Employees Keep Their Work Computers…And Falcons,”nctradesecrets.com, December 2013
• “Three Steps Business Leaders Must Take to Protect Valuable Information,” Reprinted from the August 2013 issue of
Business North Carolina magazine.
• “NC Court of Appeals Orders Injunction OB-GYN Covenant Nor To Compete Case,” nctradesecrets.com, May 2013
• “Use Covenants Not To Compete To Protect Legitimate Business Interests, not Just Because You’re Scared Of A Little
Competition,” nctradesecrets.com, April 2013
• Allen Tate Co., Inc. (one of the largest independently
owned real estate companies in the nation. Handle business and malpractice litigation as well as provide general
business advice to all product lines, which include mortgage and insurance.)
• Estes Express Lines (business litigation and general business advice)
Education
• 1998, J.D., Campbell University, summa cum laude, Valedictorian, Editor-in-Chief, Campbell Law Review
• 1994, B.A., English, North Carolina State University
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53
Poyner Spruill LLP
NORTH CAROLINA
Jason focuses his practice primarily in the areas of commercial and business tort litigation. Jason brings experience in many
disciplines to his representation of business clients. He has litigated disputes involving complex commercial issues, including
trade secrets violations and unfair and deceptive trade practice cases involving multi-million dollar claims. He is the co-author
of Under Lock and Key, a blog focused on cases from around the country involving misappropriation of trade secrets, unfair
competition, and defecting employee issues. Jason also has significant experience handling construction law issues as well as
representing both commercial landlords and tenants in lease disputes and commercial lease negotiations.
Jason B. James
Poyner Spruill LLP
301 S. College Street
Suite 2300
Charlotte, NC 28202
(704) 342-5287 Office
(704 ) 342-5264 Fax
(704) 526-5111 Cell
(704) 526-5111 Home
[email protected]
• Welliver McGuire, Inc. v. Members Interior Construction, Inc. (Mecklenburg County Superior Court) – Counsel for HD
Supply (formerly Hughes Supply, Inc.) in products liability case.
• Richard M. Mitchell as Trustee of Thaxton Life Partners, Inc. et al. v. Cherry Bekaert and Holland, LLP – Served as special
counsel for bankruptcy trustee in complex litigation seeking to recover amounts related to subordinated debt offerings.
Case settled after three-week trial in South Carolina on the eve of going to the jury.
• Course Doctors, Inc. v. Mountaineer Land Group, LLC (North Carolina Business Court) – Counsel for subcontractor in matter involving failed multi-million dollar golf course project in Mecklenburg and Cabarrus County.
• Representing majority shareholder in action brought by minority shareholders alleging misappropriation of trade secrets
and breach of fiduciary duties. Case currently pending in the North Carolina Business Court.
• Represented minority shareholder in derivative action in the North Carolina Business Court in case against other shareholders and successor entity established for the purpose of diverting corporate opportunities from original corporation.
Areas of Experience
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Business Torts
Derivative Actions
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International
Joint Ventures
Lender Liability
Lessor / Lessee
Liability Coverage
• Self-Dealing
• Shareholder
Practice Subgroups
• Business Torts
Fiduciary
• North Carolina Bar Association Litigation Section, Co-Chair CLE committee
• North Carolina Bar Association, YLD Publication Committee for The Advocate
• Co-Author: www.nctradesecrets.com – blog focusing on trade secrets issues, unfair competition, and defecting employee
issues faced by employers
• “Campbell Law Grads Making an Early Impact: 40 Under 40,” Campbell Law Observer, March 2012
Education
• 2001, J.D., Campbell University
• 1996, B.A., Wake Forest University
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54
Roetzel & Andress
OHIO
Mr. Casarona focuses his practice on environmental litigation, including toxic torts, business litigation and construction litigation. He has served as the lead trial counsel in cases throughout Ohio, Florida, California, and Utah, and has argued appeals
in several districts and the Sixth Circuit Court of Appeals. His clients include businesses of all types. He regularly lectures on topics such as e-discovery, environmental law and business disputes and has published articles on numerous topics, including a
treatise chapter on environmental enforcement.
Robert B. Casarona
Roetzel & Andress
1375 East 9th Street
One Cleveland Center
9th Floor
Cleveland, OH 44114
(216) 623-0150 Office
(216) 623-0134 Fax
[email protected]
www.ralaw.com
• Contract/intellectual dispute arbitrated and the result was an $8.4 Million judgment in our client’s favor. The case involved a contract to provide financial assurance tracking to a finance company to make sure vehicles purchased or lease
were insured. The finance company breached the contract when it terminated the contract and then converted the intellectual property of our client to perform the services itself.
• Shareholder filed a lawsuit demanding further ownership pursuant to an alleged oral contract. Successfully isolated the
case procedurally from another similar lawsuit and ultimately had the case dismissed.
• A large solid waste management company had a dispute with a local waste authority over the payment of a fee (tax) on
out-of-state waste. The dispute was centered on definitions of waste types in Ohio’s statutes and regulations. The dispute
also involved a contract between the local government authority and the company. The dispute started in litigation and
was favorably resolved consistent with the company’s interests.
• Handled $800 Million class action involving contaminated slag from an industrial process. The slag was provided to the
community for aggregate and other construction use. The case was resolved for under $10 Million and injunctive relief
that allowed the company to maintain control of the byproduct and the potential future liability. The largest claim against
the parent company was dismissed on the basis of personal jurisdiction.
• One hundred homeowners sued our client, a large petroleum company, for vapor intrusion into their homes via contamination originating from an old gas station and traversing the sewer system. One caught on fire allegedly as the result of the
vapors. We successfully got the case dismissed at the pleading stage.
Areas of Experience
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Business Torts
Class Action
Contract
Franchise
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Joint Ventures
Lessor / Lessee
Privacy Issues
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Shareholder
Unfair Competition
White Collar Crime
Practice Subgroups
• Business Torts
• “Document Retention and Destruction,” Lorman Education Services, 2010
• “E-Discovery After the New Rules,” 2008
• “Overview of Environmental Laws that Affect Real Estate Transactions” – Avoiding Environmental Liability in Ohio,
National Business Institute, 2001
• “Ignorance Is Not Bliss – Unless You’ve Investigated” – Avoiding Environmental Liability in Ohio, National Business
Institute, 2001
• “When Can I Stop Cleaning Up?” – Avoiding Environmental Liability in Ohio, National Business Institute, 2001
• “Chapter 16 Federal and State Enforcement of Environmental Laws in Ohio,” Banks Baldwin Ohio Environmental Law,
1991
• “Oil and Gas in Ohio: The Latest Debate Involving Technology, Energy and the Environment” – Cambridge Area Chamber
of Commerce Newsletter, September/October 2012
• “E Discovery Rules: A Recap Managing the New and Emerging Data Requirements” – USLAW Magazine, Spring/Summer 2008
• “As Litigators, Why Should We Care About Electronic Evidence.?” Cleveland Bar Journal, 2000
Education
• 1986, J.D., University of Cincinnati College of Law
• 1983, B.S., Economics, Arizona State University
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55
Roetzel & Andress
OHIO
Mr. Kopp has practiced in the area of business litigation since joining Roetzel in 1979. Though he has handled many types of
complex cases, he focuses his practice on business litigation and commercial disputes and has tried many such cases to verdict. He has represented numerous large and middle-market clients in shareholder and partnership disputes, legal malpractice, fraud and breach of contract disputes, as well as intellectual property litigation. Since 2009, Ron has been selected for
inclusion in The Best Lawyers in America® for Bet-The-Company Litigation. He is also Board Certified as a Specialist in Civil
Trial Law by the National Board Trial Advocacy (NBTA).
Ronald S. Kopp
Roetzel & Andress
222 South Main Street
Akron, OH 44308
(330) 849-6644 Office
(330) 376-4577 Fax
(330)608-3972 Cell
[email protected]
www.ralaw.com
• Represented a privately held food manufacturer in obtaining a seven-figure award in an international arbitration proceeding against a Chinese supplier
• Successfully represented a Fortune 500 company in pursuing its trademark rights pertaining to the wrongful sale by others
of trademarked goods
• Obtained a $20.6 million judgment on behalf of Fortune 500 company following a jury trial in contract dispute
• Successfully represented a Fortune 500 company in a large contract dispute involving a construction project located in
Europe
• Successfully defended a large, privately held manufacturing company against allegations of patent infringement, including winning affirmance of trial court’s decision in the Federal Circuit Court of Appeals
Areas of Experience
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Antitrust
Business Governance
Business Torts
Class Action
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Insurance Claims
Liability Coverage
Approvals)
• Privacy Issues
Traded Companies
Practice Subgroups
• Business Torts
Fiduciary
• “Dispute Resolution Considerations When Drafting Cross-Border Contracts,” USLAW Magazine, Fall/Winter 2010
Education
• 1979, J.D., The Ohio State University, Moritz College of Law
• 1976, B.A., Miami University, cum laude, The Phi Beta Kappa Society
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56
Williams Kastner
OREGON
Eric Neiman is a member in the Portland office of Williams Kastner. He has been litigating business and commercial cases for
more than 30 years. His experience includes jury and bench trials and commercial arbitrations. His trial experience includes
healthcare, business torts, representation of technology companies, privacy, noncompetition issues, securities litigation, shareholder and investor disputes, employment matters, and defense of lawyers and accountants. He has actively served as a pro tem
circuit court judge since 1991.
Eric J. Neiman
Williams Kastner
888 SW 5th Avenue
Suite 600
Portland, OR 97204
(503) 944-6943 Office
(503) 222-7261 Fax
(503) 319-3142 Cell
(503) 248-9028 Home
eneiman@williams
kastner.com
www.williamskastner.com
• Defended technology company in commercial arbitration involving start up financing and reorganization (2013)
• Represented medical bill review company in multistate litigation involving proprietary database technology (2011 – 2013)
• Represented Oregon State Bar as bar prosecutor in six-week trial involving charges of conflicts of interest and misrepresentation against two attorneys arising out of securities litigation (2012)
• Represented physician in dispute with physician group employer over contract interpretation and compensation (2012)
• Represented insurance agent in seven-week trial involving alleged multimillion dollar loss caused by fire and counterclaim for misrepresentations by policyholder (2011)
Areas of Experience
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Antitrust
Business Governance
Business Torts
Contract
Cyber Risks
Credit Reporting
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ERISA
First Amendment
Healthcare
Insurance Claims
Liability Coverage
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Privacy Issues
Securities
Shareholder
Unfair Competition
Practice Subgroups
• Business Torts
Fiduciary
• Healthcare
• Guest Lecturer, Willamette University College of Law, annually
• Presenter, “Mental Health Update,” Washington State Society of Healthcare Attorneys Hospital & Health Law Seminar,
Vancouver, B.C., November, 2013
• Co-Presenter, “Summary Judgments,” Oregon State Bar Association CLE Seminar: Powerful Motion Practice, Portland,
Oregon, November 10, 2011
• Author, chapter of “Invasion of Privacy,” Oregon State Bar Torts Deskbook, 2012
• Editorial Board, Oregon Health Law Manual, 2009-2011
Education
• 1982, J.D., University of Oregon School of Law, Order of the Coif
• 1978, B.A., University of California, Santa Barbara, with highest honors
• 1975 – 1977, University of California, Los Angeles
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Williams Kastner
OREGON
Richard Urrutia is a member in our Portland office. Mr. Urrutia’s practice focuses on corporate and business litigation, including representation of individuals and businesses in contract disputes, breach of fiduciary duty claims, real estate disputes and
other complex business litigation. He has extensive experience representing clients in state and federal trial court proceedings, arbitration and mediation.
J. Richard Urrutia
Williams Kastner
888 SW 5th Avenue
Suite 600
Portland, OR 97204
(503) 944-6939 Office
(503) 222-7261 Fax
rurrutia@williams
kastner.com
Areas of Experience
• Class Action
• Corporate Governance
Education
• 1982, J.D., University of Oregon
• 1978, B.A., University of Oregon
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Picadio Sneath Miller & Norton, P.C.
PENNSYLVANIA
Henry M. Sneath
Picadio Sneath Miller &
Norton, P.C.
Four Gateway Center
444 Liberty Avenue
Suite 1105
Pittsburgh, PA 15222
(412) 288-4013 Office
(412) 288-2405 Fax
(412) 418-7887 Cell
[email protected]
www.psmn.com
Mr. Sneath has extensive federal and state court trial experience in cases involving commercial disputes and intellectual property matters. He is currently representing clients in business, trade secret, non-competition, trademark, and copyright matters,
and in patent infringement litigation matters pursuant to the Federal Rules and Local Patent Rules promulgated by the Judges
of the United States District Court for the Western District of Pennsylvania. He has tried over 95 cases to jury and non-jury verdict in Federal and State Court jurisdictions and has helped clients resolve disputes through a variety of Alternative Dispute
Resolution procedures. He served as the 2011-2012 President of DRI – The Voice of the Defense Bar, a 22,000 member international organization of defense, commercial and corporate counsels, and was Chair of the Pennsylvania Bar Association
Intellectual Property Section. Mr. Sneath has written extensively and spoken at a wide variety of seminars and other forums on
business litigation and intellectual property issues.
• CNX Gas Corporation v. CDX Gas LLC – Federal District Court (Pittsburgh, Pa.) Defended gas exploration company CDX
against declaratory judgment claims that sought to invalidate their patents and brought counterclaims of patent infringement against Plaintiff CNX. After claim construction and just prior to trial, the parties reach an amicable settlement
wherein, inter alia, Plaintiff acknowledged the validity of the subject patents. Additional settlement terms are confidential.
• Import/Export Company v. National Department Stores (names protected) – Federal District Court (Pittsburgh, Pa.)
Defended a Fortune 500 company against claims of copyright and trademark infringement, trademark dilution, Lanham
Act violations and unfair trade practices, by asserting ownership rights to design drawings and three-dimensional novelty
gift items which were manufactured in Asia and purchased by our client for resale in the United States. Following extensive discovery and our filing of a Motion for Summary Judgment, plaintiff voluntarily dismissed all claims.
• Tivi BV v. U.S. Tech. and Sportstech – Federal District Court (Seattle, Wa.) and Hong Kong – Represented plaintiff, a Dutch
Corporation, which owned the exclusive rights and license to the “total image” of one of the world’s foremost tennis superstars. Brought claims against defendant for breach of endorsement contracts, unjust enrichment, and various other business torts. This complex commercial case involved international tax and licensing issues, and issues related to a piercing
of the defendant’s corporate veil. Obtained favorable settlement on behalf of plaintiff with payment of proceeds coming in
part, from principals of defendant corporation.
Areas of Experience
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Business Torts
Class Action
Contract
Cyber Risks
ERISA
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False Advertising
Franchise
Insurance Claims
Liability Coverage
Licensing
Practice Subgroups
• Business Torts
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“Presenting Business Valuation and IP Damages at Trial,” Commercial Litigation and IP Seminar, 2012
“Sub-Prime and Financial Crisis Litigation,” DRI Commercial and Intellectual Property Litigation Symposium, 2009
Speaker “Unfair Competition Claims in IP Cases,” DRI Intellectual Property Seminar, Miami, 2006
Speaker “Recent Copyright Developments and Cases,” DRI Intellectual Property Seminar, San Diego, 2004
• Varian Medical Systems, Inc. (patent infringement)
• Nightingale Home Healthcare, Inc. (commercial litigation
and employment)
• PMT Corp. (patent infringement)
• Altec Industries, Inc. (commercial litigation)
Education
• 1983, J.D., Duquesne University School of Law
• 1980, B.A., Hamilton College
• International Association of Defense Counsel
• Association of Defense Trial Attorneys
• DRI
• Lawyers for Civil Justice
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PENNSYLVANIA
Michael Kunsch practices in all state and federal courts in Pennsylvania and New Jersey, concentrating in the areas of commercial litigation, product liability and general litigation. He has argued successfully before various appellate courts, including the Third Circuit Court of Appeals, the Superior Court of Pennsylvania and Superior Court of New Jersey Appellate Division.
Over the past twenty years, Mr. Kunsch has defended commercial clients in matters involving breach of contract, consumer protection and consumer finance laws, and class actions. His litigation practice includes the defense of product manufacturers,
concert promoters, entertainment venues and movie theaters. He has been recognized as a Pennsylvania Super Lawyer® from
2011-2013.
J. Michael Kunsch
1515 Market Street
19th Floor
Philadelphia, PA 19102
(215) 963-2481 Office
(215) 557-0999 Fax
(610) 420-2858 Cell
michael.kunsch@
sweeneyfirm.com
www.sweeneyfirm.com
• Fluke v. CashCall, Inc., U.S.D.C. for the Eastern District of Pennsylvania. Defending a putative class action arising out of a
consumer loan, successfully moved the Court to enforce a class action waiver and Order the plaintiff to submit the matter
for individual arbitration pursuant to the terms of the loan agreement.
• Becker Underwood, Inc. v. Victory Gardens, Inc., Court of Common Pleas of Bucks County, Pennsylvania. Successfully obtained a judgment against a purchaser of goods in the amount of $278,256.17, representing the contractual amount due
plus interest and attorneys fees.
Areas of Experience
• Business Torts
• Class Action
• Consumer Protection
• Contract
• Distributor / Manufacturer Supplier
• Entertainment
• Equipment Leasing and Financing
Practice Subgroups
• Business Torts
• “Enforcement of Arbitration Agreements Under the Federal Arbitration Act,” USLAW Client Conference, September, 2011,
Chicago, Illinois
• “Personal Jurisdiction: A Casualty of Global Commerce?” USLAW Magazine, Fall/Winter 2011
Education
• 1991, J.D., Villanova University School of Law
• 1988, B.A., Psychology, University of Arizona, cum laude, Phi Beta Kappa
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Thomas, Thomas & Hafer LLP
PENNSYLVANIA
Over the past 30 years, Joe Holko has been involved in representing numerous business clients regarding various types of litigation in both Federal and State Courts including breach of contract, tortious interference with contract, theft of trade secrets
and covenants not to compete. He has also litigated, as well as counseled, businesses with regard to construction contracts, indemnity provisions and insurance coverage issues. Joe would estimate that 30% of his practice is devoted to business litigation.
Joseph A. Holko
Thomas, Thomas
& Hafer LLP
3101 Emrick Boulevard
Suite 310
Bethlehem, PA 18020
(610) 332-7005 Office
(610) 868-1702 Fax
(610) 751-0268 Cell
(610) 432-6153 Home
[email protected]
www.tthlaw.com
• Represented certified public accountants in a claim by a bank for fraud and negligent misrepresentation. After extensive
discovery into eight years of original records and financial statements, the case settled prior to trial.
• Represented insurance agency in filing a preliminary injunction matter in State Court against an ex-employee producer
who left the agency and began to complete against the client. The case resulted in the granting of a preliminary injunction
against the ex-employee. A subsequent appeal overturned the granting of attorneys’ fees for the client and upheld the injunction.
• Represented a private security guard company against an ex-regional executive who left the company and began competing against the company in the territory where the ex-regional executive worked for the client. The first trial resulted in a
verdict for the defendant but on appeal, the matter was returned for a new trial and during the first day of the new trial,
the matter settled favorable to the client.
• Represented one of multiple defendants in a construction case involving the terms of an indemnification provision. A verdict was ultimately returned in favor of the client and against a co-defendant relieving the client of any responsibility
under the construction contract.
• Represented a former employee of an insurance agency against an insurance company, the agency’s prior owner and current owner for breach of an agreement to sell the agency. Although the trial ended in favor of the defendants, on appeal, a
new trial was granted and the matter settled favorably to the satisfaction of the client.
Areas of Experience
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•
•
Business Torts
Consumer Protection
Contract
Credit Reporting
•
•
•
•
•
Healthcare
Insurance Claims
Lessor / Lessee
Liability Coverage
•
•
•
•
•
Unfair Competition
White Collar Crime
Zoning / Land Use
Practice Subgroups
• Business Torts
• Various presentations and seminars for the Pennsylvania Trial Lawyers Association on various motor vehicle
and insurance issues
• “Litigation Update,” Pennsylvania Institute of Certified Public Accountants Seminar, November 17, 2005
• “Litigation Update,” Pennsylvania Institute of Certified Public Accountants Seminar, November 20, 2003
• UGI Utilities, Inc.
• AmeriGas Partners, LP
• Pennsylvania National Insurance Company
• Mutual Casualty
Education
®
• 1982, J.D., Temple University School of Law, Philadelphia, Pennsylvania
• 1979, B.A., Criminology & Sociology, Indiana University of Pennsylvania, magna cum laude
61
SOUTH CAROLINA
Mr. Driggers has practiced law for 15 years, representing all level of businesses in litigating everything from buy/sell agreements, personal injury, contract disputes, and licensing matters. He has represented these businesses in all levels of litigation,
from trial through appeal to the South Carolina Supreme Court. Martin understands that businesses need correct answers fast
in order to get back to their business – that is what he provides.
Martin S. Driggers, Jr.
Sweeny, Wingate &
Barrow, P.A.
115 Cargill Way, Suite B
Hartsville, SC 29550
(843) 878-0390 Office
(843) 878-0393 Fax
(843) 496-2110 Cell
[email protected]
www.swblaw.com
• Orchestrated purchase of regional propane business by competitor in a multi-million dollar transaction.
• Represented local convenience store chain in contract litigation in claim for liquidated damages of $750,000; successfully
prevailed at trial and appellate levels, arguing case before the Supreme Court of South Carolina.
• Represented local hospice provider in shareholder action where larger company denied selling shares of business to sweat
equity partner; successfully resolved in favor of partner through litigation and mediation.
Areas of Experience
•
•
•
•
Business Torts
Contract
ERISA
Healthcare
• Joint Ventures
• Licensing
• Municipal Annexation
• Shareholder
• Healthcare
Practice Subgroups
• Business Torts
• Davita Rx, LLC
• Health Management Associates, Inc.
• West Oil Company, Inc.
• East Coast Demolition, LLC
Education
• 1997, J.D., University of South Carolina School of Law
• 1994, Clemson University
®
62
SOUTH CAROLINA
Everett A. Kendall, II had been in practice since 1996. For the last 10 years, business litigation has comprised approximately 30%
of Rett’s work. Matters involve lender disputes, shareholder disputes, software development contracts, breach of fiduciary duty,
and other business-to-business transactions.
Everett A. Kendall, II
Sweeny, Wingate &
Barrow, P.A.
1515 Lady Street
Columbia, SC 29201
(803) 256-2233 Office
(803) 256-9177 Fax
(803) 238-5167 Cell
(803) 776-9044 Home
[email protected]
www.swblaw.com
• Represented family member in multiple closely held businesses with other family members involving more than $10 million in real estate and five operating companies. Alleged shareholder oppression, breach of fiduciary duty, etc. Resulted in
negotiated division of assets.
• Defended VOIP software developer in suit alleging failure to perform and claims of transfer of ownership of proprietary
modules. Resulted in settlement that protected IP assets.
• Represent contractor in joint venture with another on federal project. Involves embezzlement by escrow agent and misappropriation of funds. Matter still in progress.
• Represented Chinese corporation involved in an asset purchase agreement for scrap materials. Involved claims by contractors and sellers as to rights of the parties. Resolved with a dismissal of creditor claims and re-sale of assets.
• Defending bank in suit by borrower claiming violation of credit of reporting laws.
• Represent commercial/industrial land owner in condemnation action by water and sewer utility. Filed actions challenging
Notices of Condemnation. Resulted in changes to waterline route, removal of sewer lines, payment of attorney fees and
just compensation.
• Representing CPA in suit against municipality-client over payment of fees.
Areas of Experience
•
•
•
•
Business Governance
Class Action
• Contract
• Credit Reporting
• Self-Dealing
• Shareholder
Fiduciary
Practice Subgroups
• Business Torts
• Enviro AgScience, Inc. – General Counsel. Handle all contract, employment, and other disputes
• Estate of James Brown – represent Personal Representative
in creditor claims and suit against prior PR
• JBC Limited Partnership – represent large land owner entity in condemnation and other property related matters
• Milhous & Associates, CPA
• The Kidder Group – represent professional staffing firm in
transactional and collection issues
Education
• 1996, J.D., University of South Carolina
• 1996, M.B.A., University of South Carolina
• 1990, B.A., Business Administration, Furman University
®
63
SOUTH CAROLINA
Ken Wingate is a Shareholder with Sweeny, Wingate & Barrow, P.A. in the firm’s Columbia office. Mr. Wingate represents individual, corporate and charitable clients in their business litigation, corporate formations and transfers, and other financial,
tax and estate planning needs.
Mr. Wingate has litigated various contractual claims, business valuation and dissolution disputes, contested property tax
valuations and federal and state tax claims, in addition to will contests, fiduciary litigation, and various creditors and spousal
claims involving trusts or estates. Mr. Wingate is a former Certified Public Accountant, former State Treasurer for South Carolina,
and is a Certified Specialist in Estate Planning and Probate Law. He has twenty-eight years of practice in business litigation
(40%) and business and tax advisory services (60%).
Kenneth B. Wingate
Sweeny, Wingate &
Barrow, P.A.
1515 Lady Street
Columbia, SC 29201
(803) 256-2233 Office
(803) 256-9177 Fax
(803) 606-9021 Cell
(803) 738-0995 Home
[email protected]
www.swblaw.com
• Estate of Robert H. Brooks. Represented the personal representatives in defending seven separate actions by various family
members and business creditors, ending with a successful eight-day mediation involving nineteen parties. After concluding the litigation, also represented the board of directors in the marketing and sale of Hooters of America, Inc.
• Anna Martha Dreher v. Estate of Julius Clarence Dreher, Jr. An elective share claim by a surviving spouse, which included a
three-day trial, and an appeal to the South Carolina Supreme Court, with a successful outcome.
• In the Matter of the Estate of Mary Frances Pallister. An action for probate of a lost will, including a three-day jury trial and
an appeal to the South Carolina Supreme Court, which upheld the successful jury verdict.
• IA Palmer Trust v. Richland County Tax Assessor. A two-day trial in the Administrative Law Court over the valuation of
commercial real property for ad valorem tax purposes, with the court finding that the taxpayer successfully proved a lower
valuation by more than $1 million.
• King v. King. After a two-day trial, the Circuit Court held that a funeral home business is fully owned by the firm’s client.
The South Carolina Court of Appeals upheld the ruling on appeal.
• In the Matter of the Estate of Ann T. Boyce. A complex set of related actions, including a will contest, a declaratory judgment action for construction of trust, and an action for the partition of real estate, resulting in the preservation of an uninhabited barrier island and related tax savings through a private foundation.
Areas of Experience
•
•
•
•
•
•
•
•
Asset
Business Governance
Business Torts
Contract
Creditor
Financing
Approvals)
•
•
•
•
•
Shareholder
Tax
Fiduciary
Practice Subgroups
• Business Torts
• Mr. Wingate is frequent speaker or lecturer to students at the University of South Carolina School of Law and at continuing
education seminars hosted by the South Carolina Bar Association, South Carolina Association of Certified Public
Accountants, and other professional organizations.
•
•
•
•
Bank of America (Fiduciary Litigation)
First Citizens Bank (Fiduciary Litigation)
BB&T (Fiduciary Litigation)
Hooters of America, Inc. (Business Litigation and Mergers
and Acquisitions)
• Carolina Material Handlings Services Inc., (Corporate
Governance)
• ENVIRO AgScience, LLC (Business Litigation, Corporate
Governance And Contracts)
• South Carolina Veterinary Radiation Oncology, LLC
(Business Litigation And Corporate Governance)
• Hadassah, The Women’s Zionist Organization of America,
Inc. (Fiduciary Litigation)
Education
• 1986, J.D., University of South Carolina School of Law
• 1981, B.S., Accounting, Clemson University
®
64
Riter, Rogers, Wattier & Northrup, LLP
SOUTH DAKOTA
Mr. Riter regularly represents banks in dealing with customers and internal procedures. He has had substantial involvement
with drafting and enforcement of non-compete agreements for various business entities. He has previous involvement regarding liability issues and employer/employee relations including hiring, firing, disciplinary actions and union negotiations
for employers. He has regularly represented entities before the South Dakota Department of Labor on a variety of employment
related issues.
Robert C. Riter
Riter, Rogers, Wattier &
Northrup, LLP
319 S. Coteau
P. O. Box 280
Pierre, SD 57501-0280
(605) 224-5825 Office
(605) 224-7102 Fax
(605) 280-4669 Cell
(605) 223-9315 Home
[email protected]
www.riterlaw.com
• Patsy Kindle v. Lyman Chase and Marsha A. Chase – Mr. Riter represented the defendants in a case involving a slip and fall
in an apartment building and resulted in questions regarding the building code. The lower court granted the Defendants
Summary Judgment and the Plaintiff appealed to the SD Supreme Court.
• In the Matter of Choice Hotels International, Inc. v. Department of Revenue and Regulation – Mr. Riter consulted with a
partner who represented Choice Hotels in a sales tax issue.
• Watertown Coop Elevator Association v. South Dakota Department of Revenue, and Farmers Union Oil Co (Wecota/
Faulkton/Onaka v. South Dakota Department of Revenue – Mr. Riter represented both appellees in an appeal regarding a
sales tax issue.
Areas of Experience
•
•
•
•
•
•
•
Antitrust
Business Torts
Contract
Credit Reporting
Franchise
•
•
•
•
•
•
•
Insurance Claims
Lender Liability
Lessor / Lessee
Liability Coverage
Development
• Tax
• UCC
Practice Subgroups
• Business Torts
Fiduciary
• City of Pierre (union negotiations, personnel issues, general business matters including litigation)
• Homecare Services of South Dakota, Inc. (employer/employee relations including litigation)
• Bankwest, Inc., Pierre, South Dakota (personnel issues)
• First National Bank, Pierre, South Dakota (personnel issues, general business matters including litigation)
• Capital University Center (Mr. Riter is on their board of
directors and routinely responds to general business
questions)
• YMCA (Mr. Riter is on their board of directors and routinely responds to general business questions)
• SD Hall of Fame (Mr. Riter is on their board of directors
and routinely responds to general business questions
Education
• 1973, J.D., University of South Dakota
• 1970, B.S., University of South Dakota
®
65
Cox Smith Matthews Incorporated
TEXAS
David is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. He represents banks, trust departments,
corporations, non-profits and individuals in complex business disputes involving finance and banking, trusts and estates, contracts, business torts, real estate, fiduciary matters and governmental issues, including election matters. David was the head of
the Litigation Department at Cox Smith for seven years and a member of its management committee for seven years. He served
on the board of directors for the San Antonio Bar Association and served as the chairman of the San Antonio Bar Association’s
Litigation Section. He has tried over 30 cases and argued before appellate courts and arbitration panels.
David was listed in The Best Lawyers in America (2011) and Texas Super Lawyers (2011). He is a member of the William
Sessions Inns of Court; The Texas Association of Bank Counsel; and The College of the State Bar of Texas.
David B. West
Cox Smith Matthews
Incorporated
112 East Pecan Street
Suite 1800
San Antonio, TX 78205
(210) 554-5277 Office
(210) 226-8395 Fax
[email protected]
www.coxsmith.com
• Representation of a non-profit association in the attempted injunction of construction of the $200 million performing arts
center in San Antonio.
• Representation of bank in claim of breach of contract involving misappropriation of account assets by a third party
(Jefferson State Bank v. Lenk, 323 S.W.3d 146 (Tex. 2010)
• Representation of a non-profit to remove an executrix and protect its rights as a beneficiary of a $15,000,000 estate/
charitable remainder trust.
• Representation of lender in the enforcement of a $6,000,000 foreign judgment (Counsel Financial Services v. Leibowitz, 311
S.W.3d 45 – Tex. App-San Antonio 2010, writ denied)
• Defense of a beneficiary to $1,000,000 Swiss bank account against claims from an estate.
Areas of Experience
•
•
•
•
Business Torts
Contract
Financing
Development
•
•
•
•
Shareholder
Tax
Trusts / Estate / Probate
Practice Subgroups
• Banking / Financial Institutions
• “Lender Liability Lessons Learned,” TexasBar CLE, Suing, Defending, and Negotiating with Financial Institutions,
February 26, 2010
•
•
•
•
“Standards for Non-Profit Board Members,” San Antonio Express-News, September 20, 2011
“Legislation Creates Agency to Protect Consumer Borrower,” San Antonio Business Journal, October 15, 2010
“Winners and Losers in the Financial Regulation Act – Dodd Frank Act,” San Antonio Bar Journal, September 2, 2010
“Tips for Avoiding Lender Liability,” Financier Worldwide (International Journal), November 1, 2009
• Under the Texas Rules of Ethics, we are not allowed to list
clients without their consent.
Education
®
• 1981, J.D., The University of Texas School of Law
• 1975, M.A., The University of Texas at Austin, LBJ School of Public Affairs
• 1973, B.A., Government and Business, Austin College, Austin Scholar, Pi Gamma Mu
66
Fee, Smith, Sharp & Vitullo, L.L.P.
TEXAS
For the past 20 years, Howard Klatsky has represented both Defendants and Plaintiffs in a variety of matters in state and federal courts. Mr. Klatsky has significant first and second chair trial experience in his representations of banks, homebuilders, subdivision developers, commercial and residental landlords, title companies, commerical brokers, oil and gas consultants, assisted
living facilities, restaurants, towing and construction companies.
Howard J. Klatsky
Fee, Smith, Sharp &
Vitullo, L.L.P.
Three Galleria Tower
Suite 1000
13155 Noel Road
Dallas, TX 75240
(972) 980-3494 Office
(972) 934-9200 Fax
(214) 505-0145 Cell
(972) 934-9100 Alternate
[email protected]
www.feesmith.com
• Wilson v. Philip Services Corporation, et al – obtained summary judgment in favor of client (defendant) in a chemical
leak/toxic tort case.
• Sealy SW Properties, LP v. AR Textiles Corp, et al – represented one of the defendants in this commercial landlord/tenant
dispute. The case was settled favorably before the client was forced to incur substantial fees and expenses.
• Pasquinelli Portrait Homes, LP – Heritage Hill v. Rodman Excavation, Inc., et al – obtained a non-suit in favor of client in a
construction defenct action where the Plaintiff was claiming to have sustained hundreds of thousands of dollars in economic damages.
• Christopher Hebard v. John Keida – represented Defendant in accounting malpractice claim. Plaintiff claimed to have sustained hundreds of thousands of dollars in damages. After months of litigation, the case was settled at mediation and dismissed for no monetary consideration.
• Steve Roberts Custom Builders v. Michael Irvin and Sandy Irvin – served as associate counsel in successful defense of
breach of contract/construction defect case resolved by binding arbitration.
Areas of Experience
•
•
•
•
•
Business Torts
Contract
•
•
•
•
Joint Ventures
Lessor / Lessee
Development
• Sports
Practice Subgroups
Fiduciary
• Real Estate
• “Avoiding Personal Liability in Partnerships, LLC’s and LLP’s,” CLE Seminar
• “Ethical Issues Facing Attorneys Structuring Limited Liability Companies and Limited Liability Partnerships.” CLE
Seminar
• “Commercial Evictions,” CLE Seminar
• “The Residential Eviction Trial,” CLE Seminar
• “Residential Evictions,” CLE Seminar
• Robbins Property Company No. 2, Ltd. (Commercial
Landlord/Tenant matters)
• Frontier Distributors (Labor/Employment matters)
• Five Sparks Ventures, Ltd. (Transactional matters and
litigation)
• Travel Acquisition Group, Ltd. (Transactional matters and
litigation)
• Higher Power Energy, LLC (Transactional matters and
litigation)
•
•
•
•
•
Dupre Logistics (Transactional matters and litigation)
Premium Funding Associates (Transactional matters)
3650 Shire, LLC (Commercial Landlord/Tenant matters)
Skills, LLC (Transactional matters and litigation)
Senior Realty of Texas, LLC (Transactional matters and
litigation)
• Danbury Partners, Ltd. (Commercial Landlord/Tenant
matters and litigation)
Education
®
• 1992, J.D., Oklahoma City University School of Law
• 1989, B.A., University of Houston
67
Johnson, Trent, West & Taylor, L.L.P.
TEXAS
Lawrence J. West has practiced complex commercial litigation in Houston for more than twenty-five years and is a founding
partner of Johnson, Trent, West & Taylor. Mr. West defends individuals, partnerships, and corporations in all types of civil litigation, including Construction Defects, Work Site Accidents and Premises Liability. He is AV rated by Martindale-Hubbell which
is the highest rating in legal ability and ethical standards.
Lawrence J. West
Johnson, Trent, West &
Taylor, L.L.P.
919 Milam, Suite 1700
Houston, TX 77002
(713) 860-0512 Office
(713) 222-2226 Fax
(713) 253-3024 Cell
[email protected]
www.johnsontrent.com
Areas of Experience
• Contract
• Director and Officer Liability
Practice Subgroups
• Business Torts
•
•
•
•
•
•
"Risk Shifting Provisions in Commercial Contracts," IADC, August, 2012
"Requirements for Additional Insurance Coverage," IADC, August, 2012
"Preparing the Expert Witness for Deposition," FEWA, Spring 2012
"Top 10 Provisions in a Construction Contract," USLAW Network Client Conference, Spring 2012
“Making an Additional Insured Claim,” USLAW Network Client Conference, Spring 2011
“Dallas Cowboys Practice Facility Collapse,” USLAW Network Client Conference, Spring 2011
•
•
•
•
“Risk Shifting Provisions in Commercial Contracts,” IADC Newsletter, August 2012
“Checklist for Preparing an Expert Witness for Depo,” IADC Newsletter, May, 2012
Co-Author "Compendium of Texas Construction Law," USLAW Construction Practice Group, 2012
Co-Author “Compendium of Texas Construction Law,” USLAW Construction Practice Group, 2010
• KB Home Lone Star, Inc.
• Grayco Builders
• Swinerton, Inc.
• Gray Insurance
Education
• 1988, J.D., Southern Methodist University School of Law
• 1984, B.B.A., Finance, The University of Texas at Austin
®
68
Strong & Hanni, PC
UTAH
Brad Bowen has over 25 years experience handling commercial litigation of all types including obtaining TRO’s and preliminary
injunctions, breach of contract, violation of non-compete agreements, piercing liability shield, real estate disputes, foreclosure,
setting aside estate planning documents procured by undue influence or fraud, and tax litigation with the Internal Revenue Service.
Bradley Wm. Bowen
Strong & Hanni, PC
3 Triad Center
Suite 500
Salt Lake City, UT 84180
(801) 532-7080 Office
(801) 596-1508 Fax
(801) 599-2620 Cell
bbowen@strongand
hanni.com
www.strongandhanni.com
• IRS accused nine different doctors of civil and criminal claims due to participation in offshore non-qualified deferred
compensation arrangements. Obtained settlement with no penalties and no criminal prosecution for all clients.
• Obtained judgment for fraud, breach of contract and violation of state securities laws against promoter.
• Successfully represented three children who were disinherited by their mother who left her entire estate to friends and
distant relatives based on children’s claims of lack of mental capacity and undue influence.
• Successfully represented large excavating contractor against successors in interest of developer in complex real estate litigation involving contractual interests, partial release of interests against associated properties resulting from purchases of
related properties at foreclosure sales, and recording statute priorities.
• Successfully defended against claims to pierce veil of client companies, and successfully pierced veil of adverse parties.
Areas of Experience
•
•
•
•
•
•
•
•
•
•
•
•
Asset
Business Governance
Business Torts
Compliance Audits
Contract
Creditor
ERISA
•
•
•
•
•
Joint Ventures
Lessor / Lessee
Licensing
Approvals)
Development
• Self-Dealing
• Shareholder
• Tax
• UCC
• Real Estate
Practice Subgroups
Fiduciary
Subject to attorney client privilege.
Education
• 1987, J.D., University of Utah
• 1985, Certified Public Accountant, Utah
• 1984, B.A., Accounting, University of Utah, cum laude
®
69
LeClairRyan
VIRGINIA
Mr. Holm is a veteran trial lawyer who represents businesses in bet-the-company litigation and other unfair business practices
cases. As lead counsel, he has tried more than 30 complex commercial cases, mostly in federal courts. In addition to his trial
practice, Mr. Holm has briefed and argued dozens of appeals before the Second, Fourth, District of Columbia and Federal
Circuit Courts of Appeals and the Supreme Court of Virginia, among others. Mr. Holm has also conducted internal corporate
investigations and has represented clients in matters involving the valuation and buyout of minority interests in closely-held
corporations and limited liability companies. He is AV rated by Martindale Hubbell, was named to The Best Lawyers in America
for 2013, Virginia Super Lawyers for 2006 and 2012 and Washington DC Super Lawyers for 2007.
W. Michael Holm
LeClairRyan
2318 Mill Road
Suite 1100
Alexandria, VA 22314
(703) 647-5927 Office
(703) 647-5967 Fax
michael.holm@
leclairryan.com
www.leclairryan.com
• Corinthian Mortgage Corp. v. Summit Financial, LLC., et al., (Circuit Court of Fairfax County, Virginia, Chancery No.
187513). Lead plaintiffs counsel in business conspiracy case by direct mail mortgage company against nine former employees and family of corporations that, along with former employees, established a competing business. Case settled in
2007 for payment of $10.5 million by defendants.
• Feddeman and Company CPA v. Langan Associates, P.C., 260 Va. 35, 530 S.E.2d 668 (2000). Lead counsel for plaintiff in action by accounting firm against former officers, directors and employees as well as a rival accounting firm for breach of fiduciary duty, tortious interference with contract and violation of the Virginia Business Conspiracy Act. After a six day trial,
jury returned verdict against all defendants for $3.3 million. Rather than treble the damages, the trial judge set aside the
verdict. Reinstated by unanimous opinion of the Virginia Supreme Court.
• In re Hanes, 214 B.R. 786 (Bankr. E.D.Va. 1997), rev’d on appeal in unpublished opinion by Judge Albert V. Bryan, Jr. (E.DVa.,
July 29, 1998). Judgment for plaintiff on remand (Bankr. E.DVa., June 1, 1999). Lead plaintiffs counsel in suit by executrix of
mother’s estate against her brother for defalcation and against large New York law firm for legal malpractice. Reversed for
third time on appeal and on remand Bankruptcy judge entered judgment for plaintiff against brother for $4.1 million and
against law firm for over $15 million, including interest.
Areas of Experience
•
•
•
•
•
•
•
•
Business Torts
Derivative Actions
•
•
•
•
•
•
Franchise
Healthcare
Lender Liability
Development
• Shareholder
• UCC
• Healthcare
• Real Estate
Practice Subgroups
• Business Torts
Fiduciary
• “The Rocket Docket: Trying Cases in the Eastern District of Virginia,” Virginia CLE, December 6, 2012
• “Negotiating the Thicket: Admissibility of Electronic Evidence at Trial,” Advanced Business Litigation Institute, Virginia
CLE, September 15, 2011
• “How to Protect Your Company From Unfair Business Practices,” Seminar, January 25, 2011
• “Electronic Discovery and Data Retention,” March 8, 2007
• “Electronic Discovery: Upcoming Changes to the Federal Rules of Civil Procedure,” 2006
• “Electronic Discovery: The Cutting Edge Tool for Litigation Cost and Risk Management,” September 10, 2004
• “So You Think They Got Your Secrets?” Legal Times, October 23, 2006
Education
• 1981, J.D., College of William & Mary, Marshall-Wythe
School of Law
• 1975, B.A., University of Virginia
• Permanent member, Judicial Conference of the
U.S. Court of Appeals for the Fourth Circuit
®
70
LeClairRyan
VIRGINIA
Mr. Inge focuses on commercial litigation including creditors’ rights and banking/lender litigation for debtors and creditors,
construction litigation, and sports law. He also leads the firm’s Sports Industry team. His sports law practice focuses on representing professional athletes and sports agents with their special needs in legal matters such as litigation, bankruptcies, and
legal issues surrounding investments. He is also experienced in handling issues relating to the Major League Baseball Players’
Association and the National Football League Players’ Association, including arbitrations under both organizations’ regulations. His sports law practice also involves the representation of entities that create, operate and/or promote events and tournaments, PGA Tour players and other professional and amateur athletes. More than 90% of his practice is business litigation,
and he has been practicing in the area of business litigation since 1991.
Vernon E. Inge, Jr.
LeClairRyan
951 East Byrd Street
8th Floor
Richmond, VA 23219
(804) 343-4095 Office
(804) 783-7632 Fax
vernon.inge@
leclairryan.com
www.leclairryan.com
• Handled a significant dispute between banks over rights arising from a participation agreement that had significant dollar
value such that the viability of the banks could have been impacted by the result.
• Represented numerous professional athletes in significant legal disputes.
• Represented many banks, contractors, other businesses, and government entities in commercial litigation.
Areas of Experience
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Asset
Business Governance
Business Torts
Consumer Protection
Contract
Creditor
Entertainment
Financing
First Amendment
•
•
•
•
•
•
•
•
Franchise
Insurance Claims
International
Lender Liability
Lessor / Lessee
Licensing
Approvals)
Development
• Self-Dealing
• Shareholder
• Sports
• UCC
Fiduciary
Practice Subgroups
• Business Torts
• Adjunct Instructor, Sports Law, Virginia Commonwealth University, Center for Sport Leadership, 2011 – Present
• Adjunct Assistant Professor of Law, Sports and The Law, University of Richmond School of Law, 2003 – Present
• “When Attorneys Act as Agents Representing Athletes and Performers: the Ethics of Playing in Two Arenas,” D.C. Bar
Continuing Legal Education Program, Washington, D.C., 2009
• Third Annual National Sports and Entertainment Law Symposium, Charlottesville, VA, 2009
• Adjunct Assistant Professor of Law, Lawyering Skills III (Trial Advocacy), University of Richmond School of Law, 2000 – 2008
• Caterpillar Financial Services Corporation (Replevin and
Business Litigation/Bankruptcy)
• Union First Market Bank (Business Litigation, Workouts,
Bankruptcy)
• Scott County Telephone Cooperative (Business Litigation,
General Business Support)
• Essex Bank (Business Litigation, Workouts, Bankruptcy)
• Legacy Foodservice Alliance, LLC (General Business
Support)
• McGeorge Camping Center, Inc. d/b/a McGeorge’s
Rolling Hills RV SuperCenter (Business Litigation, General
Business Support)
Education
• 1991, J.D., University of Virginia School of Law
• 1988, B.A., University of Richmond, cum laude
®
71
LeClairRyan
VIRGINIA
Mr. Oddo focuses on all aspects of business litigation in state and federal court. He has extensive experience representing businesses and individuals in matters involving breach of contract, fraud, conspiracy, tortious interference, shareholder disputes,
covenants not to compete, real estate, banking, and UCC issues such as sales and negotiable instruments. He also defends attorneys, accountants, and officers and directors in lawsuits alleging professional malpractice and breach of duty.
Kevin P. Oddo
LeClairRyan
1800 Wells Fargo Tower
Drawer 1200
Roanoke, VA 24006
(540) 510-3020 Office
(540) 510-3050 Fax
kevin.oddo@
leclairryan.com
www.leclairryan.com
• Jury verdict in favor of bank in case alleging payment of checks bearing forged drawer’s signature.
• Jury verdict in favor of member of limited liability company in suit for conversion of membership interest.
• Summary judgment for telecommunications provider in suit against city for denial of special use permit to construct
communications tower (suit under Telecommunications Act of 1996).
• Judgment for trustee in suit alleging wrongful foreclosure.
• Summary judgment for employer in suit by ex-employee for wrongful termination.
Areas of Experience
• Business Torts
• Lessor / Lessee
• UCC
• Speaker, Advanced Business Litigation Institute, Charlottesville, VA, 2009, 2010
• Speaker, various state and local seminars on various litigation topics, including: deposing experts, 2005; UCC, 2001; federal court rules and procedures, 1998; state and federal court discovery, 1995
Education
• 1987, J.D., University of Richmond T.C. Williams School of Law
• 1984, B.A., Economics, Villanova University
®
72
Williams Kastner
WASHINGTON
Rodney L. Umberger
Williams Kastner
Two Union Square
601 Union Street
Suite 4100
Seattle, WA 98101
(206) 628-2421 Office
(206) 628-6611 Fax
(206) 755-6369 Cell
(425) 643-3309 Home
rumberger@williams
kastner.com
Rod Umberger is a member in the Seattle office, where he has chaired the Business Litigation Practice Group and served on the
Board of Directors. He is first and foremost a trial lawyer with more than 25 years of experience in the courtroom.
Mr. Umberger’s business litigation experience is diverse and includes the following: (1) representation of local, national and
international corporations in patent, copyright infringement, trademark and trade name infringement, breach of contract and
fraud cases; (2) representation of international technology companies in lawsuits involving software licensing and development
agreements; (3) representation of employers and employees in lawsuits involving noncompetition agreements and trade secrets;
(4) representation of consumer products and services companies in false advertising, unfair competition, CAN-SPAM Act litigation, TCPA class action litigation, and litigation with the Federal Trade Commission; and (5) representation of individuals
and businesses in federal securities litigation, Directors’ and Officers’ liability claims and fiduciary duty claims.
Mr. Umberger has been named to Super Lawyers by Super Lawyers magazine for several years and recently was one of only
sixteen attorneys in the state of Washington recognized as a top civil litigation defense attorney by the Corporate Counsel Edition
of Super Lawyers magazine. He has been “AV Preeminent” peer review rated by Martindale-Hubbell since 1998.
• SmartContractor v. i2 Technologies, et al. Five-week jury trial. Defense of breach of contract, fraud, and negligent misrepresentation claims. Mr. Umberger was retained to represent the corporate defendants and CEO who was sued individually.
Plaintiffs asked the jury to award $5 million in lost profit damages plus punitive damages on the fraud claims. The jury returned a defense verdict for the CEO on the fraud claims; defense verdict in favor of the corporate defendants on the fraud
claims; verdict for the plaintiff on the breach of contract claims and awarded $2.6 million; and no punitive damages were
assessed.
• Saucier v. William Wilson, M.D., et al. Two-week jury trial. Defense of product liability and medical malpractice lawsuit.
Hung jury (plaintiff did not refile the lawsuit and no money was ever paid to plaintiff)
• Wright v. Harris Transportation. Two-week jury trial. Defense of catastrophic truck accident. Catastrophic highway accident case where the plaintiff family was struck head-on by a petroleum tanker truck that had crossed the center line. All
four family members were seriously and permanently injured. Plaintiffs settled following Mr. Umberger’s cross-examination of plaintiff’s accident reconstruction expert during the second week of trial. The amount of the settlement was less
than an offer that was made a month before trial at mediation.
Areas of Experience
• Class Action
• Healthcare
• Protection & Commercialization of
Intellectual Property
• “Defense Perspective on Corporate Designee Depositions under FRCP 30(b)(6)," USLAW Network Fall Conference,
Vancouver, British Columbia, October 4, 2013
• “Cutting-Edge Settlement and Defense Strategies for Complex Litigation,” USLAW Network Spring Client Conference,
Laguna Beach, CA, April 10-14, 2012
• “Recent Developments in Class Action Litigation,” Fall 2010 USLAW Network Client Conference, Colorado Springs,
Colorado, October 9, 2010
• “Pressure Points: Today’s Challenges in Building & Maintaining Top-Notch In-House/Outside Counsel Teams,” LexisNexis
Martindale-Hubbell Counsel to Counsel Series, Seattle, Washington, October 29, 2009
• “Closing Arguments,” Litigation Counsel of America, Spring Conference, Santa Fe, New Mexico, May, 2009
Education
• 1987, J.D., University of Tennessee College of Law
• 1984, B.A., Furman University
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WEST VIRGINIA
John H. Mahaney
611 Third Avenue
Huntington, WV 25701
(304) 691-8320 Office
(304) 522-4312 Fax
(304) 634-8320 Cell
(304) 522-8804 Home
jmahaney@huddleston
bolen.com
www.huddlestonbolen.com
J.H. Mahaney is a partner with over two decades of trial and appellate experience in commercial and tort litigation. Mr. Mahaney
has represented construction clients, transportation companies, energy companies, mineral owners, resorts, commercial real
estate developers and other commercial clients in construction litigation, class actions, mass tort matters, catastrophic tort
claims, commercial and complex litigation, business litigation, construction litigation, professional liability claims and employment law claims. He has handled legal matters for clients in state and federal courts in West Virginia, Kentucky, Ohio and
North Carolina, with an outstanding record of success in some of the region’s most difficult trial venues. In 2014, Mr. Mahaney
was recognized by Best Lawyers as “Lawyer of the Year” in the field of Construction Litigation. Mr. Mahaney is also listed in Best
Lawyers and West Virginia Super Lawyers, and is a Fellow in the Litigation Counsel of America, an honor conferred our less
than one half of one percent of lawyers nationwide.
• The Rules of the WV Bar prohibit us from providing this information.
Areas of Experience
•
•
•
•
Business Torts
Class Action
Contract
•
•
•
•
Insurance Claims
Liability Coverage
Development
Practice Subgroups
• Business Torts
• Real Estate
Education
• 1992, J.D., Washington and Lee University School of Law, magna cum laude, Order of the Coif
• 1989, B.A., Politics and Public Policy, Bethany College, magna cum laude
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WEST VIRGINIA
Cindy D. McCarty
611 Third Avenue
PO Box 2185 (25722)
Huntington, WV 25701
(304) 691-8422 Office
(304) 522-4312 Fax
(304) 634-8891 Cell
(304) 697-3308 Home
cmccarty@huddleston
bolen.com
www.huddlestonbolen.com
Ms. McCarty’s practice of ten years is focused in business litigation (approximately 90%) including mass tort litigation, commercial disputes, contract negotiation, and general civil defense. She routinely represents landowners in mass property damage litigation and complex multi-party cases, represents clients in regulatory matters before the Department of Environmental
Protection, Surface Mine Board, Public Service Commission, and other administrative boards, and represents clients in “deliberate intent” actions, involving significant issues of OSHA and MSHA compliance. Ms. McCarty has given presentations and
published articles regarding mineral Law and products liability. Ms. McCarty was honored in 2010 with the Generation Next –
40 under 40 award from the West Virginia State Journal, and in 2011 by the Huntington Chamber of Commerce Generation
Huntington award, both of which recognize young professionals for leadership and service. She was named as a Rising Star in
the West Virginia Super Lawyers publication in 2010, 2011, and 2012.
• The Rules of the WV Bar prohibit us from providing this information.
Areas of Experience
•
•
•
•
Business Torts
Class Action
Contract
•
•
•
•
Creditor
•
•
•
•
Healthcare
Insurance Claims
Lessor / Lessee
Liability Coverage
Practice Subgroups
• Business Torts
• Healthcare
• Real Estate
•
•
•
•
“Mineral Leases 101,” 2012
“West Virginia Law of Conservation and Capture,” 2010
“Coal Law Short Course: Conflicts, Trespass, and Damage Claims,” 2009
“Oil and Gas Title Issues,” 2009
• Products Liability Desk Reference, A Fifty-State Compendium, West Virginia portion, 2005-2012
• Arch Coal, Inc. (Mass Property Damage and Other
Litigation)
• Budget PrePay, Inc. (Regulatory Matters before the Public
Service Commission)
• Classic Oil and Gas (Commercial Litigation )
• Natural Resource Partners (Commercial Litigation and
Transactions)
• Rowland Land Company (Property Transactions and
Commercial Litigation)
• Werner Enterprises, Inc. (Litigation)
• Western Pocahontas Properties Limited Partnership
(Commercial Litigation and Transactions)
Education
• 2003, J.D., University of Kentucky College of Law
• 2000, B.A., Centre College
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75
Williams, Porter, Day & Neville PC
WYOMING
Stuart Day has been involved in various aspects of business related litigation in Wyoming Federal and State courts for 25 years.
He represents business and commercial clients directly and based on retainer by insurance companies. Mr. Day’s clients include
banks and other financial institutions, insurance companies, regulated businesses and other public and private businesses, private landowners and other institutions. Approximately 50% of his practice is devoted to business litigation related activity.
Stuart R. Day
Williams, Porter, Day
& Neville PC
159 N. Wolcott, Suite 400
PO Box 10700
Casper, WY 82601
(307) 265-0700 Office
(307) 266-2306 Fax
(307) 259-2967 Cell
(307) 577-1379 Home
[email protected]
www.wpdn.net
• OCI Wyoming v PacifiCorp, USDCDW (2005) – Defended a 6.2 million dollar breach of contract claim on behalf of
PacifiCorp which resulted in a 380,000 jury verdict.
• O’Quinn Interprises v Sinclair Transportation – Won summary judgment on behalf of Sinclair Transportation in an easement dispute. The matter was not appealed.
• Swinney v Hilltop Bank, Wyoming Supreme Court 2008 – Won summary judgment on behalf of Hilltop Bank in a trust/real
property dispute. The Wyoming Supreme Court affirmed the ruling in favor of my client. He was lead appellate counsel for
all appellees;
• Sonnetts v 1st American Title Insurance Company, Wyoming State District Court 2012 – Prevailed on dispositive Motions
on all of Plaintiffs claims associated with a multi-million dollar hunting lodge development and title insurance claims. The
matter is on appeal to the Wyoming Supreme Court; he is lead appellate counsel.
Areas of Experience
•
•
•
•
Business Torts
Contract
•
•
•
•
Creditor
Insurance Claims
Lender Liability
•
•
•
•
Lessor / Lessee
Liability Coverage
Zoning / Land Use
Practice Subgroups
• Business Torts
• Real Estate
•
•
•
•
First American Title Company
S&T Bank
First Interstate Bank
PacifiCorp
•
•
•
•
Rocky Mountain Bank
Hilltop National Bank
Sinclair Transportation
Casper Community College
Education
• 1984, J.D., University of Wyoming
• 1981, B.S., Political Economics, Arizona State University
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76
Clark Wilson LLP
Seva Batkin is an associate with the firm's Business Litigation Group. His four years of multi-faceted legal experience covers
many areas of business and intellectual property litigation. Seva has represented clients in litigation, arbitration and mediation
matters, including before the British Columbia Supreme Court and Court of Appeal for British Columbia.
Seva represents small and large businesses in business disputes and negligence claims, and individual and institutional
clients in estate and trust matters. He has experience in the enforcement and collection of judgments, including appointments
of Receivers, asset tracing, and sale of property, and assists with the drafting and prosecution of patents and trade marks and
litigation of intellectual property disputes.
Seva operated a successful legal research business while studying law. Prior to commencing his legal studies, he was a
Telecommunications Engineer. Seva speaks, reads and writes Russian fluently, and is the founder and author of the Business
Litigation Blawg (www.bcblawg.com).
Seva Batkin
Clark Wilson LLP
900-885 West Georgia Street
Suite 900
Vancouver, BC V6C 3H1
(604) 891-7763 Office
(604) 687-6314 Fax
[email protected]
www.cwilson.com
Areas of Experience
•
•
•
•
•
Business Torts
Class Action
Contract
•
•
•
•
Patent Infringement
Privacy Issues
• Shareholder
Practice Subgroups
• Business Torts
•
•
•
•
•
Publisher, www.bcblawg.com
“The Ebbs and Flows of Pre Sale Litigation,” BCRELinks.com, June 1, 2012
“Intellectual Property Law Review – Copyright, Annual Review of Law and Practice,” Continuing Legal Education, 2012
“The Tide May Be Turning on Pre Sale Litigation,” BCRELinks.com, July 29, 2011
“Last Lines of Defence: Protecting Settling Defendants from Future Actions for Indivisible Injuries,” the Advocate, April, 2009
Education
• 2007, LL.B., Intellectual Property and Commercial Law, University of British Columbia
• B.A., Communications, Carleton University, high distinction
®
77
Clark Wilson LLP
Barry Fraser is a partner of the firm and Chair of the Business Litigation Group. Barry has 34 years of experience and he brings
an exceptional level of dedication, tenacity and professionalism to his representation of clients.
Barry is recognized as a leader in business litigation including matters involving contractual, corporate, trust, fiduciary duty
and intellectual property disputes. He regularly appears before the BC Supreme Court and Court of Appeal and has also represented clients before the Federal Court Trial Division, the Federal Court of Appeal, the BC Environmental Appeal Board, the
BC Marketing Board and the Workers' Compensation Board.
Barry has extensive experience dealing with public companies, including corporate governance issues, shareholder disputes
and securities matters.He is also accomplished in alternative dispute resolution, including arbitrations and mediations.
R. Barry Fraser
Clark Wilson LLP
Suite 900
(604) 891-7763 Office
(604) 687-6314 Fax
[email protected]
www.cwilson.com
Examples of the types of cases in which Mr. Fraser is engaged include:
• Acting for an international manufacturer of roofing products on the successful acquisition of a building supply business
with sale of over $500 million
• Acting for one of Canada’s largest real estate developers in defence of a specific performance for substantial parcels of
land located in a prime waterfront location
• Acting for a North American manufacturer of wood sealants in the successful defence of a Canadian class action alleging
that these products were defective
• Acting for one branch of a family concrete and transportation business in an action involving allegations of breach of
trust, breach of fiduciary duty, and constructive trust remedies
• Acting for a substantial health provider in defence of claims that it made an used an unauthorized copy of billing and
client management software
Areas of Experience
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Antitrust
Asset
Business Governance
Business Torts
Class Action
Consumer Protection
Contract
Cyber Risks
Creditor
Derivative Actions
Franchise
•
•
•
•
•
•
•
•
•
•
Healthcare
Insurance Claims
Liability Coverage
Licensing
Approvals)
Non Competition Agreements
Patent Infringement
Privacy Issues
Real Estate Ownership and
Development
• Securities
Traded Companies
Offerings
• Self Dealing
• Shareholder
Practice Subgroups
• Business Torts
Fiduciary
• Real Estate
•
•
•
•
“Class Actions in British Columbia: A Brief Primer,” Clark Wilson LLP, April, 2008 (Co author with Derek Mullan)
“Insurance and Toxic Mould Claims,” Pacific Law Institute, September, 2006
“The National Class, an article concerning class action litigation,” Lexpert, October, 2005
Defending Class Actions in Canada, 2002 (co author)
Education
• 1977, LL.B., University of British Columbia
• 1974, B.A., Simon Fraser University
®
78
Clark Wilson LLP
Samantha Ip is a partner of the firm and has been nationally recognized for her legal work. With 17 years of experience, she assists clients with all facets of construction and insurance related matters and has appeared as counsel in the Supreme Court,
the Court of Appeal and Federal Court, as well as before administrative tribunals. Samantha is frequently involved in the resolution of claims through alternative dispute resolution methods for effective risk management.
Samantha represents established businesses and entrepreneurs in contract disputes, public companies in shareholder disputes, and clients in complex PPSA priority disputes involving international jurisdictions. She has experience in admiralty law
and with the Canada Shipping Act, including the unique liability provisions. Samantha has acted for construction parties in
commercial disputes and represented clients in Joint Venture and development disputes. She also acted as co counsel in a leading decision in British Columbia on the topic of shareholders' remedies at the Court of Appeal level.
Samantha Ip
Clark Wilson LLP
Suite 900
(604) 643-3172 Office
(604) 687-6314 Fax
[email protected]
www.cwilson.com
Areas of Experience
• Contract
• Joint Ventures
• Lessor / Lessee
• Shareholder
• “Consultants’ Legal Responsibilities,” BCBEC Annual Conference and AGM, September 26, 2012
• “Mandatory Warranties For Residential Housing – Taking the Mystery out of ‘2-5-10’,” Buildex Vancouver, February, 2012
• “CCDC2 – A Focus on 3 Topics Using Case Studies,” Buildex Vancouver, February 24, 2011
• "Bad faith litigation in Canada – Much ado about nothing?," USLAW Magazine, Fall/Winter 2012 (Co author with Nigel Kent)
• “The Role of the Consultant in Construction,” Clark Wilson LLP, April, 2009
• “Homeowner Warranties: Taking the Mystery out of ‘2-5-10’,” BCRELinks, August 3, 2007
Education
• 1991, B.A., University of British Columbia
®
79
Kelly Santini LLP
CANADA – ONTARIO
Rick Brooks was has been practicing in the area of commercial/corporate litigation since being called to the Bar in 1979. In
that time he has established a particular reputation for his handling of bankruptcy and insolvency matters, debtor/creditor
disputes and banking litigation on behalf of large financial institutions and businesses. He also advises on the interpretation
and enforcement of corporate and commercial agreements, as well as matters relating to construction, real property and personal property disputes. Rick has extensive trial and appellate experience as counsel before all levels of the Ontario Courts. He
has also appeared as counsel before various administrative tribunals.
Rick Brooks
Kelly Santini LLP
160 Elgin Street, Suite 2401
Ottawa, Ontario K2P 2P7
(613) 238-6321 Office
(613) 233-4553 Fax
[email protected]
www.kellysantini.com
• Negotiated Mortgage Enforcement to Keep Revenue Steady – Rick acted for a family of lenders when their borrowers defaulted on a $1.3M mortgage. Recouping the debt following the standard, lengthy Court process did not meet the needs of
the clients who were dependent upon the income from the loan for their living expenses. Rick devised a strategy that enabled him to negotiate a forbearance agreement with the mortgagor that quickly recouped lost income and compensation, acquired greater security and the ability to easily seize secured assets should a default re-occur, which it did and all
moneys were recovered.
• Secured Loan Repayment from a Underperforming Business – Rick advised a financial institution when the debts of its
client, a private members golf club, exceeded $2.5M and the business showed little prospect for improved performance.
The threat of taking over the club, combined with weekly monitoring of financial performance resulted in improved management and financial results. As a result of these actions the club was able to attract new investors which resulted in
Rick’s clients recovering all of their funds.
• Advice to Company Satisfies Nervous Lender – Rick was hired by a company in the advanced technology field to assist
them when their financial lender was threatening to end their $8M loan. His advice to the company directors and direct
negotiations with the financial institution allowed a solution to be found and for the business relationship between the
company and the lender to continue.
• Secured expulsion of partner from lucrative professional partnership – Rick Brooks and acted for two members of a highly
successful professional partnership who sought the expulsion of a third partner on the basis of a breach of the partnership
agreement that brought adverse publicity to the partnership. The matter was the subject of a two day arbitration hearing
in Ottawa in December, 2012 with judgment being pronounced in January 2013. Rick’s clients were successful on every
issue arbitrated, and recovered a significant sum in costs by agreement of the parties after exceeding their formal offer of
settlement. The arbitrator’s decision allows the partnership to move on with their business and put to rest a lengthy period
of turmoil for their office.
Areas of Experience
• Business Torts
• Contract
• Creditor
• Shareholder
Practice Subgroups
• Business Torts
• “Jurisdictional Dispute Resolution Issues,” USLAW 2013 Fall Conference, October, 2013
• Contributor to Meditation for Civil litigators, published by Irwin Law Inc., 2013
Education
• 1978, LL.B., University of Ottawa
• 1974, B.A., Carleton University
®
80
Kelly Santini LLP
CANADA – ONTARIO
Mark Gallagher is an experienced litigator. He was called to the bar in 2006 and has practiced mainly in commercial litigation
since articling. His broad practice focuses approximately 95% on business litigation and includes complex commercial litigation, construction liens, debt claims, corporate and shareholder disputes, product liability, actions involving claims of fraud and
breach of fiduciary duty, employment law, administrative and regulatory hearings, as well as insurance and real estate litigation. Mark combines extensive Courtroom experience and advocacy skills with a determination to find economical solutions
and relief for his clients. Mark recognizes the value of practical, forward-looking legal advice at every stage of a matter, and
strives to let that permeate his practice.
Mark Gallagher
Kelly Santini LLP
(613) 238-6321 Office
(613) 233-4553 Fax
mgallagher@kelly
santini.com
• Recovery at trial in excess of $500,000.00 for Construction Materials Supplier – As co-counsel at a two-week trial in March
and April of 2012, Mark conducted the prosecution of a debt claim related to a loan agreement between a major drywall
supplier and a former senior executive, as well as advancing allegations of breach of fiduciary duty and wrongful misappropriation of trust funds against a counterclaim for wrongful dismissal. At trial, the Plaintiff was successful on every
count and on every issue, recovering every dollar sought, with a total recovery for the clients of $505,424.32 plus costs and
interest. Pacific West Systems Supply Ltd. v. Vossenaar, 2012 BCSC 1610 (CanLii), http://www.canlii.com/en/bc/bcsc/doc/
2012/2012bcsc1610/2012bcsc1610.html
• Successful defence at trial of drivers in complex insurance case where liability admitted – As co-counsel at a six-week trial
from October to December of 2011, conducting the defence of insured drivers against a multi-million dollar catastrophic
injury claim resulting from successive motor vehicle accidents to the same Plaintiff in which joint and several liability
against all Defendants was sought at trial. Damages against represented Defendants were awarded in a total amount of
$12,500.00 where liability had been admitted before trial, and the total amount ordered against all of the Defendants was
in excess of $2,436,000.00. Scoates v. Dermott, 2012 BCSC 485 (CanLii), http://www.canlii.com/en/bc/bcsc/doc/2012/
2012bcsc485/2012bcsc485.html
• Successful defence at trial against allegations of breach of fiduciary duty and misuse of corporate information – As a junior lawyer, working closely in a litigation team over a period of years in the successful defence of the Aquilini family after a
56-day trial against claims disputing their acquisition of an ownership interest in the Vancouver Canucks and what is now
Rogers Arena. Blue Line Hockey Acquisition Co. Inc. v. Orca Bay Hockey Limited Partnership, 2008 BCSC 27,
http://www.canlii.com/en/bc/bcsc/doc/2008/2008bcsc27/2008bcsc27.html
Areas of Experience
•
•
•
•
•
•
•
•
•
•
Business Torts
Consumer Protection
Contract
Creditor
Derivative Actions
Franchise
Insurance Claims
•
•
•
•
•
•
•
•
•
•
International
Joint Ventures
Lender Liability
Lessor / Lessee
Liability Coverage
Licensing
Media
Privacy Issues
Development
• Self-Dealing
• Shareholder
• Sports
Education
• 2001, B.A., University of British Columbia
®
81
Kelly Santini LLP
CANADA – ONTARIO
Pat Santini has been practicing law for 30 years. In 2012 Pat received the Ontario Bar Association’s Award for Excellence in
Insurance Law and was admitted to the International Association of Defence Counsel. The previous year, Pat was admitted as a
Fellow to the American College of Trial Lawyers which recognizes the very best of the trial bar from the United States and Canada.
In addition, he is certified by the Law Society of Upper Canada as a specialist in civil litigation. Pat is recognized as a leading insurance litigator by L’Expert, and since 2006 he has been selected by his peers to be included in “The Best Lawyers in Canada.”
Pasquale (Pat) Santini
Kelly Santini LLP
(613) 238-6321 Office
(613) 233-4553 Fax
[email protected]
• Supreme Court of Canada Rules on Forum Selection Clauses and the Law of Attornment – The case was heard before the
Ontario Superior Court and was appealed by the claimant to the Ontario Court of Appeals and, ultimately, to the Supreme
Court of Canada. As a result of the unanimous decision by the Supreme Court, the law in Canada is now clear in that a defendant faced with a claim in a jurisdiction other than that specified by a forum selection clause will not be precluded
from relying upon that forum selection clause by defending the matter on the merits unless the plaintiff can prove strong
cause to disregard the forum selection clause. Attorning to the jurisdiction by filing a defence on the merits does not qualify as strong cause to dispel the application of a forum selection clause.
• Court of Appeal upholds ruling for Canadian Soccer Association – Successfully represented the Canadian Soccer
Association before the Ontario Court of Appeal in a sponsorship dispute with Hyundai Auto Canada Corp. The Court of
Appeal upheld the summary judgment ordered by the Ontario Superior Court requiring Hyundai to pay the CSA $175,000
in damages after the automaker backed out of its two-year sponsorship deal.
Areas of Experience
•
•
•
•
•
Business Torts
Consumer Protection
Contract
Creditor
•
•
•
•
Insurance Claims
Liability Coverage
•
•
•
•
Municipal Annexation
Privacy Issues
Shareholder
Sports
Education
• 1978, LL.B., University of Ottawa Law School
• Fellow to the American College of Trial Lawyers
• International Association of Defence Counsel
®
82
CANADA – QUEBEC
In 2003, Claude Baril began practicing in business law for a national Canadian law firm in the field of mergers and acquisitions. Two years later, she joined an international law firm as a business litigation lawyer. As such, she handled various cases
in the following fields: class actions, hypothecary and extraordinary recourses, commercial and civil litigation, manufacturers’
liability and professional liability, Québec Consumer Protection Act. Claude’s practice is focused on general business law (50%),
as well as an administrative, regulatory and disciplinary law (50%).
Claude Baril
Therrien Couture
Lawyers L.L.P.
4605-B
Lapinière Blvd., #350
Brossard, Québec J4Z 3T5
(450) 462-8555 Office
(450) 462-5955 Fax
claude.baril@
therriencouture.com
www.therriencouture.com
• Acted on behalf of a financial institution in a class action in Quebec, instituted by consumers under the Quebec
Consumer Protection Act, pertaining to certain credit fees when using credit cards abroad.
• Represents corporate entities before the Quebec courts, including the Quebec Court of Appeal, and before civil arbitrator.
• Claude has expertise in the conduct of business and compliance investigations within private and public entities.
Areas of Experience
•
•
•
•
Business Governance
Business Torts
Consumer Protection
Contract
•
•
•
•
Creditor
False Advertising
• Lessor / Lessee
• Shareholder
Practice Subgroups
• Business Torts
Fiduciary
• Real Estate
• Author of “The Mandate: liabilities” for Lexis Nexis, in 2013 and updated in 2014
Education
• Quebec Bar: Licensed in civil law
• Université Laval: Degree in civil law, Named on the honour list of the law faculty, Student exchange in international
business law at Université Aix-Marseille III (France)
®
83
CANADA – QUEBEC
Jean-Luc Couture is a founding shareholder and is a resident of the firm’s Brossard, Quebec office. He represents and advises
many companies in the food industry, and has extensive experience representing clients before the Board of agricultural and
food markets and in other complex litigation.
Jean-Luc has practiced in the field of Product Liability for 26 years of his career and 40% of his practice is dedicated to this
area of practice.
Jean-Luc Couture
Therrien Couture
Lawyers L.L.P.
4605-B
Lapinière Blvd., #350
Brossard, Québec J4Z 3T5
(450) 462-8555 Office
(450) 462-5955 Fax
jean-luc.couture@
therriencouture.com
www.therriencouture.com
• Groupe Sportscene inc. c. 2639-6564 Québec inc., 2013 QCCS 17 – Injunctive relief sought against an ex-franchisee alleging
breach of the non-compete clause.
• Nature's source inc. c. Natursource inc., 2012 CF 917 – Trademark opposition case regarding possible confusion on dissimular markets, Registration denied.
• 3028879 Canada inc. c. Industries Malette inc., 2010 QCCS 1316 – Claim based on a conditional guarantee and credibility of
witness regarding the accomplishment of a condition.
• Régie des marchés agricoles et alimentaires du Québec, décision 10085 – Motion to quash a by-law of the provincial poultry
producers’ federation, granted.
Areas of Experience
•
•
•
•
•
•
•
•
•
•
•
•
Business Governance
Business Torts
Contract
Creditor
Derivative Actions
Financing
•
•
•
•
•
•
•
Franchise
Lender Liability
Lessor / Lessee
Licensing
Approvals)
• Shareholder
Practice Subgroups
• Business Torts
Fiduciary
• Much of Jean-Luc’s client base comes from the agri-food, biotechnology and technology industries. He sits on the boards
of various non-profit and economic development organizations, and on the marketing committee of the Conseil de la
transformation agroalimentaire et des produits de consommation (CTAC).
Education
• 1987, Quebec Bar
• 1986, LL.B., Université Laval
• 1991, LL.M., International Banking Law, Boston University
®
84
®
Client Services & Products: USLAW SOLUTIONS
USLAW NETWORK offers our members' clients countless products free of charge to assist with their day-to-day operations and management of legal
issues. Many of these products are the direct result of concepts and initiatives developed by our USLAW Client Leadership Council.
The following listings detail each product which runs the gamut from USLAW Solutions to USLAW Resources and finally to USLAW People. We
encourage you to review these and take advantage of those that are applicable to you and your company.
USLAW is continually seeking ways to ensure that your legal outcomes are seamless and, most importantly, successful and we hope that these resources can assist in this regard. Please don't hesitate to send us input on your experience with any of the items listed in the Sourcebook as well as ideas
for the future that would benefit you and your fellow colleagues.
TEAM USLAW
USLAW ON CALL
Corporations and insurers alike need consistent, quality legal services over
a broad spectrum of legal and geographical areas. The cost, time, and expertise required in securing legal representation and negotiating fee
schedules throughout the region, country and around the world can be
overwhelming, requiring constant effort, oversight, frustration and missed
opportunity. Team USLAW is the solution to meet these challenges. Team
USLAW, a wholly owned subsidiary of USLAW NETWORK, Inc., manages
a client’s legal needs, providing one point of contact to clients ensuring
they receive consistent and quality legal firm choices and services no
matter where in the world your needs may arise. Team USLAW eliminates
the need to negotiate different fee schedules for each and every legal
need. And clients always have the option to reject any candidate firm
presented. In summary, Team USLAW is a comprehensive service designed
to eliminate much of the hassle and uncertainty of moving from in-house
to outside counsel.
What is the value in having individual access to 4-8 highly experienced
USLAW member attorneys from around the country and around the
world (if necessary) roundtable specific issues you may be facing including
actual cases or hypotheticals? USLAW is pleased to provide this free
consultation which will give you a sense of comfort that you are managing
a specific issue/case in an appropriate manner and make you aware of
unforeseen roadblocks and variables that may pop up. It never hurts to
phone a friend! Call Roger Yaffe at (800) 231-9110, ext 1 to schedule a
call.
EDUCATION
It’s no secret – USLAW can host a great event. We are very proud of the
industry-leading educational components of our semi-annual client
conferences, seminars, and regional meetings. Reaching from national to
more localized offerings, USLAW member attorneys and the clients they
serve provide meet throughout the year not only at USLAW hosted
events but also at many legal industry conferences. CLE accreditation is
provided for most USLAW educational offerings. For a omplete listing of
programs, please check our Events and Activities Calendar on the home
page of USLAW Connect.
USLAW CLAIMS CHALLENGE
The Challenge is a one-day, experiential claims program that USLAW
brings to you and your company. Directed to claims personnel, a detailed,
hypothetical, multi-jurisdictional scenario is played out with USLAW
member attorneys and corporate partner experts working side-by-side
with your staff in smaller teams to manage all of the issues and curveballs
that are sure to come. Do we go to trial, mediate, or settle? This is just one
of the many questions at hand as USLAW stages this highly interactive
program customizable for your specific company and legal staff.
LAWSUIT MONITORING
Let USLAW help you be the first to know when your company is facing
litigation. With USLAW’s Lawsuit Monitoring program, we can search for
your company on a daily basis and alert you of any activity we find. If you
are interested in this service, please contact Roger Yaffe at (800) 231-9110,
ext. 1.
A TEAM OF EXPERTS
USLAW NETWORK undoubtedly has the most knowledgeable attorneys
in the world, but did you know that we also have the most valuable
corporate partners in the legal profession? Don’t miss out on an
opportunity to better your legal game plan by taking advantage of our
corporate partners’ expertise. Areas of expertise include forensic
engineering, legal management, outsourcing and medical legal advisory
services; court reporting, jury consultation, e-discovery, medical record
analysis, forensic accounting, structured settlements, investigation and legal
animation services.
85
®
Client Services & Products: USLAW RESOURCES
COMPENDIUMS OF LAW
USLAW MOBILE APPS
USLAW regularly produces new and updates existing Compendiums providing a multi-state resource that permits users to easily access state common and statutory law. Compendiums are easily sourced on a
state-by-state basis and are developed by the member firms of USLAW.
Just some of the current Compendiums include: Transportation,
Construction Law, Nullum Tempus, Offers of Judgment, and a National
Compendium addressing issues that arise prior to the commencement of
litigation through trial and on to appeal.
We pack light. Take USLAW with you wherever you go. Get USLAW
information fast including several practice area Rapid Response teams at
USLAW 24/7. We also offer specific Client Conference apps twice a year.
USLAW apps are available on iPhone/iPad, Android and most Blackberry
devices (24/7 only) by typing in keyword “USLAW.”
STATE JUDICIAL PROFILES BY COUNTY
Jurisdictional awareness of the court and juries on a county-by-county
basis is a key ingredient to successfully operating legal challenges throughout the United States. Knowing the local rules, the judge, and the local
business and legal environment provides a unique competitive advantage.
In order to best serve clients, USLAW NETWORK offers a judicial profile
that identifies counties as Conservative, Moderate or Liberal and thus
provides you an important Homefield Advantage.
USLAW DIGIKNOW
USLAW DigiKnow is USLAW’s digital knowledge e-newsletter featuring
highlights from around the NETWORK. Through USLAW DigiKnow, we
share legal, legislative and jurisdictional news as well promote upcoming
USLAW events, webinars and podcasts that might be of interest to you and
your colleagues. It is an is an excellent resource to keep abreast of new
case law, important verdicts and other pending legislation and events
throughout the NETWORK.
USLAW MAGAZINE
USLAW Magazine is an in-depth publication produced twice annually and
designed to address legal and business issues facing commercial and
corporate clients. Released in Spring and Fall, recent topics have covered
managing litigation in a tighter economy, changes in M&A strategies, sidestepping legal challenges during a workforce reduction, best practices in
e-discovery policies, and weighing the pros and cons of litigation versus
mediation, social media and the law, patent troll taxes and much more.
USLAW EDUNET
A wealth of knowledge offered on demand, USLAW EduNet is a regular
series of interactive webinars produced by several USLAW practice
groups. The one-hour programs are available live to you right on your
desktop and are also archived on USLAW.org for viewing at a later date.
Topics range from Medicare to Employment & Labor Law to Product
Liability Law and beyond.
USLAW CONNECTIVITY
In today’s digital world there are many ways to connect, share,
communicate, engage, interact and collaborate. Through any one of our
various communications channels, sign on, ask a question, offer insight, share
comments, seek advice and collaborate with others connected to USLAW.
Please check out USLAW on Twitter @uslawnetwork and our LinkedIn
group page.
86
®
Client Services & Products: USLAW PEOPLE
USLAW MEMBER AND ATTORNEY DIRECTORIES
PRACTICE GROUPS
Several USLAW NETWORK practice groups have compiled detailed directories
of the active attorneys within their group.These directories showcase the
attorneys’ specific areas of experience, education, industry memberships,
published articles, and in some cases representative clients.These directories are
available as downloadable PDFs.
USLAW prides itself on variety. Its 6,000+ attorneys study all areas of legal
practice and participate in USLAW’s 18 active groups and communities
including Banking & Financial Services, Business & Advisory Services,
Business Litigation, Construction Law, E-Discovery, Employment & Labor
Law, Healthcare Law, Insurance and Risk Management Services,
International Business & Trade, Internet, Privacy & Media, IP and Technology,
Product Liability, Professional Liability, Retail, Transportation, White Collar
Defense, Women’s Connection, and Workers’ Compensation. Don’t see a
specific practice area listed? No worries as USLAW firms cover the gamut
of the legal profession and we are sure to find a firm that has significant
experience in the area of need.
RAPID RESPONSE
The USLAW NETWORK Rapid Response Online Searches secure
USLAW attorneys quickly when timeliness is critical for you and your
company. Offered for Transportation, Construction Law and Product
Liability, this resource provides client’s cell and home telephone numbers
along with assurance that USLAW will be available 24/7 with the right
person and the right expertise. Please see the sticky bar at the top of the
USLAW web site to use the USLAW Rapid Response feature.
CLIENT LEADERSHIP COUNCIL
Take advantage of the knowledge of your peers. USLAW NETWORK’s
Client Leadership Council is a hand-selected, diverse group of prestigious
USLAW firm clients that provides expertise and advice to ensure the organization and its law firms meet the expectations of the client community.
In addition to the valuable insights they provide, CLC members also serve
as USLAW Ambassadors, utilizing their stature within their various
industries to promote the many benefits of USLAW NETWORK.
87
★
★★★ ★
S-E-A
USLAW
88
★★★
★★USLAW
U.S. Legal Support, Inc
PREMIER
PREMIER
PA R T N E R
ADDRESS
7349 Worthington-Galena Road
Columbus, OH 43085
PH
FAX
WEB
(614) 888-4160
(614) 885-8014
www.SEAlimited.com
S-E-A is a multi-disciplined engineering and fire investigation company
specializing in failure analysis. S-E-A also conducts environmental and
industrial hygiene analysis. S-E-A offers complete investigative services
including: mechanical engineering, electrical engineering, metallurgical engineering, civil engineering, fire investigation, environmental and
workplace analysis. These disciplines interact to provide thorough and
independent analysis that will support any subsequent litigation. In addition, S-E-A has a fully equipped chemical testing laboratory.
S-E-A's full-time staff of investigators, engineers and chemists are licensed/registered professionals who are court-qualified experts in their
respective fields. With ten offices located throughout the United States,
S-E-A has provided professional services to manufacturers, attorneys
and the insurance industry – nationally and internationally – for over
40 years. S-E-A also has developed specialized practice groups in construction, marine, trucking, vehicle dynamics and quality control laboratory testing.
PA R T N E R
ADDRESS
363 N. Sam Houston Pkwy. E.
Suite 1200
Houston, TX 77060
PH
FAX
WEB
(800) 567-8757
(713) 653-7172
www.uslegalsupport.com
U.S. Legal Support has been serving the legal services community for
nearly two decades. The U.S. Legal Support philosophy brings together
specialists located across the country who understand each local market. This philosophy has created local services tailored to each market
bound together by a company who holds a national presence.
With over 40 offices located across the country U.S. Legal Support has a
diversified service offering including Court Reporting, Record Retrieval,
Litigation & ESI Services and Trial Services.
U.S. Legal Support is the proud official Court Reporter Partner of The
USLAW network providing access to over 1200 superior court reporters.
U.S. Legal Support court reporters are equipped with state of the art
technology creating a system that makes it easy for clients to access information. Client services include a complete online office with 24/7
access which includes online scheduling, calendar access, document
repository with access to transcripts and exhibits, invoice review and
much more.
U.S. Legal Support prides itself on the ability to create personal relationships and partnerships with firms by creating custom solutions tailored to individual legal needs. For a full service offering visit
www.uslegalsupport.com. U.S Legal Support looks forward to showing
you their Power of Commitment.
PARTNER CONTACTS
PARTNER CONTACTS
OFFICIAL TECHNICAL
FORENSIC EXPERT PARTNER
OF USLAW NETWORK
J. Kenneth Corwin
National Account Executive
Columbus, OH 43085
PH
(800) 782-6851
EMAIL [email protected]
Chris Torrens
Vice President
1110 Benfield Boulevard, Suite B
Millersville, MD 21108
PH
(800) 635-9507
Jared Henthorn
Manager
Columbus, OH 43085
PH
(800) 782-6851
OFFICIAL COURT
REPORTING PARTNER
OF USLAW NETWORK
Charles F. Schugart
President & CEO
363 N. Sam Houston Pkwy. E., Suite 1200
Houston, TX 77060
PH
(832) 201-3834
FAX
(713) 653-7172
Jim Cunningham
Director of Record Retrieval
Division President, Midwest
200 West Jackson Boulevard, Suite 600
Chicago, IL 60606
PH
(312) 236-8352
FAX
(312) 236-3344
Pete Giammanco
Director of Court Reporting
Division President, Western
15250 Ventura Boulevard, Suite 410
Sherman Oaks, CA 91403
PH
(818) 995-0600
FAX
(818) 880-4248
Lee Ann Watson
Senior VP Sales & Marketing
Division President, Southwest
363 N. Sam Houston Pkwy. E., Suite 1200
Houston, TX 77060
PH
(832) 201-3872
FAX
(713) 653-7172
89
Demonstratives, Inc.
ADDRESS
2321 N Loop Drive
Suite 201
Ames, IA 50010
Elevate Services, Inc.
PH
WEB
(515) 296-6930
www.demonstratives.com
Complex ideas and intricate fact patterns are more easily understood
when taught using visual tools. Demonstratives, Inc. (DI) has a rich history of creating effective, science-based 2D and 3D computer animations and graphic presentations for attorneys and their clients in over
1500 litigation matters.
DI’s staff includes doctorate-level experts, engineers, scientists, animators, illustrators, modelers, and graphic artists who apply sound, scientific principles to every presentation, bringing decades of experience to
intellectual property, environmental, construction defects, and product liability cases. This unique blend of scientific and artistic talent allows DI to create the most visually compelling, technically accurate, and
persuasive images. Attorneys in law firms and corporate legal departments rely on DI to create powerful courtroom tools and effective catalysts for settlement.
ADDRESS
201 South Santa Fe Ave., Suite 100
PH
FAX
WEB
(310) 853-8448
(213) 347-0209
www.elevateservices.com
Elevate provides corporate law departments and law firms with practical ways to improve efficiency, quality, and outcomes through consulting, managed services and technology.
Our specialized medical records and bill analysis improves outcomes,
expedites settlements, and lowers costs on bodily injury liability claims
and litigation. Using a patent-pending quality control system, Elevate’s
Med Legal team leads the industry in medical bill audits, life care plans,
comprehensive claim evaluations, and vocational rehabilitation assessments. We also provide expert witness testimony as needed.
Bridging the medical and legal worlds, our expert analysis of medical
records help litigation and claims teams build stronger cases and ensure the most effective use of time and money from the start of each
case, for example:
• understanding how pre-existing conditions relate to an injury sustained during the incident;
• verifying the reasonableness of treatment rendered and the past
medicals; and
• evaluating claims for future care cost damages.
Elevate’s other services include:
• Legal project management
• Document review
• Contract management
• Back office support for law firms
Headquartered in the United States, Elevate serves clients worldwide.
PARTNER CONTACTS
PARTNER CONTACTS
OFFICIAL LEGAL ANIMATION
SERVICES PARTNER
OF USLAW NETWORK
OFFICIAL MEDICAL LEGAL CONSULTING,
LEGAL PROJECT MANAGEMENT, AND
OUTSOURCING PARTNER
OF USLAW NETWORK
Daniel Kruger, Ph.D.,
President
PH
(515) 296-7175
Nancy Fraser Michalski, RN
Vice President and Founder, Med Legal Services
PH
(310) 993-1363
Charles Fox, Ph.D.
Vice President
PH
(515) 296-6737
Nick Sherman
Business Development Associate
PH
(310) 699-3073
Mark McGrory, Esq.
Vice President / General Counsel
PH
(913) 226-5205
Mark Redmayne
VP Business Development
PH
(310) 792-0833
90
Galaher Settlements
ADDRESS
39674 North 104th Street
Scottsdale, AZ 85262
Granite Legal Systems
PH
FAX
WEB
(630) 718-1213
(630) 339-4413
www.galahersettlements.com
As one of the largest providers of structured settlements, Galaher
Settlements offers clients integrated claims solutions from a team of industry experts supported by leading-edge technology. We have a staff of
more than 50 seasoned professionals located coast-to-coast with more
than 600 years of combined experience. Our team has successfully
closed more than 50,000 structured settlements over the past 30 years.
We offer a full range of settlement solutions, including:
• Convenient, cost-effective single-source integrated claims solutions
• A full suite of powerful claim settlement tools
• Unique expertise in consultative approaches to resolving claims
• Local jurisdictional insights and knowledge through our national
presence
• Multiple settlement options
• Structured Medicare set-aside allocations
• Integrated claims strategies to lower costs and enhance administrative
efficiencies
Additionally, our team is available to attend mediations and pre-trial settlement conferences and to assist in post-settlement services. We review all
settlement agreements and work with counsel to ensure the appropriate
structured settlement language is included to guarantee tax-free status.
There’s more than just one product, service or area that sets us apart,
including our depth of knowledge, experienced team and overall strategic approach. Our technology – notably the Settlement Processing
Information Network (SPIN) structured settlement diary-based file
management system – offers integrated modules to facilitate document
creation, review and storage, reports, accounting functions, quoting, license administration and more for comprehensive management and
tracking of our clients’ cases.
ADDRESS
1201 Louisiana Street
Suite 350
Houston, TX 77002
PH
WEB
(713) 652-0881
www.granitelegal.com
Granite Legal Systems proudly supports USLAW NETWORK firms and
their clients throughout the discovery process from legal hold planning
through trial support, ensuring that they have the information required
for timely and cost effective client representation. Granite professionals
work with law firms and corporations to define discovery obligations
and plan defensible responses. To these engagements, Granite offers
seasoned industry veterans with versatile skill sets who understand and
implement technology resource requirements, address team structure
& responsibilities, and assure effective quality control processes for all
phases of the project. Our consultants and project managers are attorneys, legal assistants, and experienced technologists with extensive litigation and technical expertise.
Our ability to provide comprehensive discovery support services to our
clients, including investigation, documentation, as well as solution design and implementation capabilities distinguishes Granite Legal
Systems from other eDiscovery companies. Granite’s broad technical
skills enable our team to identify and implement cost-effective, repeatable and supportable solutions to recurring discovery issues. We are
uniquely qualified to handle discovery assessment, collection, and production projects involving complex data sources, outdated or legacy
systems, and other challenging discovery issues.
Granite Legal Systems was founded by industry veteran Jeffrey Hewett
in 2004 to develop an innovative eDiscovery solution (eCollector) and
has since grown to provide complete eDiscovery services, specializing in
solving complex, technically challenging discovery problems.
Online at www.granitelegal.com
On LinkedIn at www.linkedIn.com/company/granitelegal
Learn more. Contact Galaher Settlements today.
800-774-4705 | www.galahersettlements.com
PARTNER CONTACTS
PARTNER CONTACTS
OFFICIAL STRUCTURED
SETTLEMENT PARTNER
OF USLAW NETWORK
OFFICIAL E-DISCOVERY
PARTNER
OF USLAW NETWORK
Jim Ebel, CPCU, ARM
President
CELL (630) 327-7213
Jeffrey R. Hewett, JD
Chief Executive Officer
PH
(713) 652-0881
Dave Latz
413 Reserve Court
Joliet, Il 60431
PH
(815) 744-7077
Steve Mack
Consultant
PH
(713) 240-0634
Daniel Weberg
P.O. Box 660
Alton, NH 03809
PH
(603) 875-7930
Dennis Kiker, JD
Consultant
PH
(804) 350-8444
91
Magna Legal Services, LLC
ADDRESS
1635 Market Street, 8th Floor
Philadelphia, PA 19103
PH
FAX
WEB
Marshall Investigative Group
(866) 624-6221
(866) 579-0819
www.magnals.com
Who are the worst and best jurors for your case? Is your trial story believable? What are the strengths of your case you can emphasize, and
the weaknesses that you can eliminate? These are only some of the
questions that Magna Legal Services can help you answer.
Our consultants can assist in:
• Focus Group Research (Online and Traditional Live Sessions)
• Mock Trial Research
• Thematic Development Research
• Perception Studies
• Case Risk Assessment
• Change of Venue Studies
• Social Media Surveillance
• Jury Selection Assistance
• Witness Communication Training
• Shadow Jury Studies
By conducting Jury Research, Magna assists you and your clients in
identifying the best pathway to a favorable verdict. Let Magna Legal
Services help you see your case through the jurors' eyes. Our new enhanced Platform, JuryConfirm 2.0 has many of the key features found in
our traditional live sessions, while providing an economical and effective way to test your themes in an online environment.
Key features of the new system include:
• Virtual Simulation of Court Room Environment
• Live Attorney Presentations
• Live Jury Deliberations
• Up to Four Deliberation Groups
• Up to 40 Total Jurors Per Session
• Juror Impulse Monitoring System
• Instant Questionnaire Feedback from Jurors
• Detailed Reports
PARTNER CONTACTS
ADDRESS
416 W Talcott Road
Park Ridge, IL 60068
PH
FAX
WEB
(855) 350-6474 (MIPI)
(847) 993-2039
www.mi-pi.com
Doug Marshall, the founder of Marshall Investigative Group, has been
investigating claims for over 25 years. Our nationwide firm specializes
in insurance fraud investigations, providing coverage throughout the
United States. Our private investigators provide the knowledge and skills
necessary to extract the information you need to successfully evaluate
your claim. We use investigators from diverse backgrounds like criminal
justice, information technology and business, who share their knowledge with others in the firm. Our goal is to exceed your expectations by
providing prompt, thorough and accurate information whether that is
to establish proper reserves or to document claimant activities. We have
a wide variety of services for Cargo, Disability, Liability and Workman’s
Compensation claims such as activity/background checks, employment, health history, internet research, public records, skip tracing,
statements, subrogation and surveillance. We conduct our investigative
business with the highest degree of integrity, confidentiality and productivity.
At Marshall Investigative Group, we value each and every customer. We
are confident that our extraordinary investigative work, provided on a
timely basis, will make a difference in your bottom line. We will be happy
to discuss your case and respond to any questions you may have.
Please contact Doug Marshall to discuss your case at (855) 350-6474 or
email him at [email protected].
PARTNER CONTACTS
OFFICIAL JURY CONSULTANT
PARTNER
OF USLAW NETWORK
OFFICIAL INVESTIGATIVE
PARTNER
OF USLAW NETWORK
Peter Hecht
Executive Vice President of Sales
PH
(732) 331-2410
Doug Marshall
President
Mark Calzaretta
Director of Litigation Consulting
PH
(866) 624-6221
Adam M. Kabarec
Vice President
Jessica Gimbel
Business Development Manager
PH
(267) 815-1602
92
MDD Forensic Accountants
ADDRESS
750 Hammond Drive NE, Building 14
Atlanta, GA 30328
PH
FAX
WEB
(404) 252-0085
(404) 255-0673
www.mdd.com
Matson, Driscoll & Damico is a leading forensic accounting firm that
specializes in providing economic damage quantification assessments
for our clients. Our professionals regularly deliver expert, consulting and
fact witness testimony in courts, arbitrations and mediations around
the world.
We have been honored to provide our expertise on cases of every size
and scope, and we would be pleased to discuss our involvement on
these files while still maintaining our commitment to client confidentiality. Briefly, some of these engagements have involved: lost profit calculations; business disputes or valuations; commercial lending; fraud;
product liability and construction damages. However, we have also
worked across many other practice areas and, as a result, in virtually
every industry.
Founded in Chicago in 1933, MDD is now a global entity with 20 U.S.
and 19 international locations.
In the United States, MDD’s partners and senior staff are Certified Public
Accountants; many are also Certified Valuation Analysts and Certified
Fraud Examiners. Our international partners and professionals possess
the appropriate designations and are similarly qualified for their respective countries. In addition to these designations, our forensic accountants speak more than 30 languages.
Regardless of where our work may take us around the world, our exceptional dedication, singularly qualified experts and demonstrated results will always be the hallmark of our firm. To learn more about MDD
and the services we provide, we invite you to visit us at www.mdd.com.
You are also welcome to contact John A. Damico, one of MDD’s founding partners, at [email protected] or 404.252.0085.
PARTNER CONTACTS
OFFICIAL FORENSIC ACCOUNTANT
PARTNER
OF USLAW NETWORK
Kevin Flaherty
10 High Street, Suite 1000
Boston, MA 02110
PH
(617) 426-1551
FAX
(617) 426-6023
Jack Damico
750 Hammond Drive, Building 14
Atlanta, GA 30328
PH
(404) 252-0085
FAX
(404) 255-0673
®

RM7940_BUSINESS LITIGATION DIR_Layout 1

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