We have considerable experience in handling high-stakes business disputes. We have represented both companies and individuals in such matters, and are equally comfortable handling plaintiff or defense-side work. In addition, we have a particular specialty in litigating disputes involving contingent or deferred compensation, such as earnout clauses, and option clauses.
Please contact us if you would like to learn more about our abilities in handling lawsuits and arbitrations involving breach of contract, fraud, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duty, interference with contract, and indemnification.
The firm’s successes at commercial litigation include:
$44.4 million jury verdict on federal antitrust and breach of contract claims brought by our client, a small cigarillo manufacturer, against the largest cigarillo manufacturer in the United States. This verdict has been recognized as the 37th largest jury verdict in the country for 2016, and as the largest antitrust verdict in the state of California for that year. (Trendsettah, et al. v. Swisher Int’l)
$9 million value jury verdict. The jury awarded $500K on breach of contract and fraud claims brought by our client, a real estate investor, against his business partner. The verdict also confirmed the legitimacy of certain actions taken by the investor worth $1 million, and also resulted in no liability as to all counterclaims brought by the business partner that were worth $7 million. (Okada v. Whitehead)
$11.3 million arbitration award on breach of contract claims brought by our client, an entrepreneur, against the publicly traded company that had acquired his business assets. This arbitration award was subsequently confirmed by a federal court. (Barranco v. 3D Systems)
$10 million value bench verdict. Following a jury trial, the court issued findings of fact and law holding that our clients, local property owners, were not obligated to sell their $10 million property to a real estate developer for only $3 million pursuant to the terms of an option contract. (Tierney v. Javaid)
$3+ million settlement. We represented a software developer in bringing breach of contract and interference with contract claims against a healthcare analytics firm and defended our client against trade secret misappropriation counterclaims. We defeated a motion for preliminary injunction brought by the defendant and settled the case following the close of discovery. (Confidential)
$250K bench verdict. Following a bench trial, the court issued findings of fact and law awarding $250K on a breach of contract claim brought by our client, a media publisher, against a television station for removing all broadcasts of our client’s programming. (Diya TV v. KAXT)
$500K value arbitration award. An arbitrator awarded damages and equitable relief worth up to $500K on breach of fiduciary duty claims brought by our clients, investors in a television station, in a dispute over the sale of that television station. (Kapur v. KAXT)
Currently representing various AdSense publishers in lawsuits against Google for Google’s failure to make contractually-mandated payments to those publishers under the AdSense program.
Furthermore, other successes in commercial litigation experienced by the lawyers of Gaw | Poe LLP prior to their time with the firm include:
$2 billion appeal. Represented an auto manufacturer in a successful appeal that vacated and remanded a $2 billion class action judgment and jury verdict concerning its franchise agreements with heavy and medium truck dealers. (Westgate Ford v. Ford Motor Co.)
$200 million value bench verdict. Following an 11-month bench trial, the court issued findings of fact and law resulting in no liability for the client, a publicly traded real estate developer, on claims of breach of contract and breach of fiduciary duty worth $200 million that were brought by a local real estate developer. The client was also later awarded attorney’s fees of around $30 million. (Briarwood v. Lennar Homes)
$30 million arbitration settlement. Represented former managing director in confidential arbitration proceedings against San Francisco-based private equity firm over improperly withheld backend compensation. The case settled with an approximately $30 million settlement payment to the client. (Confidential)
$30 million value arbitration award. An arbitrator denied relief on all claims brought by a disgruntled investor against the client, a private wealth manager, where the investor had claimed that the manager breached its fiduciary duties by failing to manage stock holdings that subsequently depreciated by $30 million. (Perez v. Goldman Sachs)