Business and Commercial Litigation

Representative Cases

Breach of Contract

  • Crown Cork & Seal Company v. Level 3 Communications, Inc. – Defended a publicly traded company in a $30 million lawsuit relating to three separate tax sharing and asset purchase agreements.
  • BB&T BOLI Plan Trust v. Massachusetts Mutual Life Insurance Company – Defended life insurer that issued “bank owned life insurance” policy against claims alleging multi-million dollar losses based on customer’s allocation of BOLI policy premiums to a hedge fund investment that later collapsed.
  • Ducas Enterprises v. Sovereign Bank – Defended a $70 million lender liability claim for breach of commitment letter to finance the purchase of a business.
  • Weiss v. Fiber Optic Designs, Inc. – Defended manufacturer of L.E.D. Christmas lights against $2 million breach of contract claim. Obtained dismissal of all claims.
  • Simplicity, Inc. v. MTS Products, Inc. – Represented Simplicity, Inc. in a claim for breach of contract relating to the defendant’s failure to destroy defective children’s furniture manufactured by our client and an attempt to resell the product. Matter involved complex issues of overseas manufacturing and import procedures, warranty, and “gray market” sales.
  • Weinstein v. Weinstein, Schliefer & Kupersmith – Represented plaintiff in a case involving the breakup of a law firm. Claims included shareholder freeze-out, breach of fiduciary obligations and breach of contract. Case settled favorably following mediation.
  • Gelley v. Park Pleasant, Inc. – Represented the purchaser of a nursing home in a case seeking specific performance of an asset purchase agreement. Although we did not prevail in district court, we secured an appellate reversal.

Business Torts

  • SafetyCare Technologies LLC v. Intellicare Network, LLC – Obtained a $1 million jury verdict for a technology firm against former employees and a competitor who violated their fiduciary duties and misappropriated the firm’s customer and pricing information and other trade secrets to unjustly enrich the competitor.
  • Material Technologies, Inc. and Net Shape, LLC v. Carpenter Technology Corporation and Vallourec, SA – Defended Carpenter Technology Corp. against claims for business interference, unfair competition, trade secret misappropriation, and Lanham Act violations where plaintiffs’ expert opined they suffered $2 billion in damages.
  • PNC Bank Equipment Loan Fraud Cases – Represented PNC Bank as a defendant in six cases brought in Pennsylvania state and federal courts claiming almost $28 million in damages arising from Sterling Financial Corporation’s accounting fraud discovered in May 2007.
  • Image Masters/Personal Financial Management Mortgage Broker Ponzi Scheme Case – Feldman v. Chase Home Finance et al.; Feldman v. ABN Amro, et al. – Represented multiple lenders/loan servicers in defense of fraudulent transfer claims brought by Chapter 7 trustee arising out of mortgage broker’s multi-million dollar, seven year Ponzi scheme.

RICO Claims

  • vBank v. Check Express – Pursued a civil RICO claim to recover $2.9 million lost as a result of a check kiting scheme. Obtained $8.2 million judgment in favor of our client.
  • Eagletech Communications v. VIST Bank – Defended federal and state RICO claims in $50 million security manipulation lawsuit filed by a failed telecommunications company arising from the laundering of the proceeds of naked short sales of stock to an offshore bank.
  • Grider v. Keystone Health Plan Central Inc., et al. – Defended one of several health insurance company defendants in a class action suit alleging civil RICO claims arising from various insurance claim payment procedures to physicians.