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:
$75 million cash refund paid by Google to its DoubleClick Bid Manager (“DBM”) advertiser customers, including our client.Our client brought a class action against Google alleging that it breached its various advertising contracts by failing to issue refunds to advertisers for invalid ad traffic.18 months into the lawsuit, Google announced its intention to issue approximately $75 million in refunds to its DBM advertisers for previously unrefunded invalid ad traffic.This lawsuit is ongoing.(AdTrader v. Google)
$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)
$10 million arbitration award on breach of contract claims brought by our client, a founder of a successful startup, against his former company for wrongfully re-purchasing his stock and also for refusing to indemnify him in connection with a related third-party lawsuit. The case settled prior to confirmation of the award. (Confidential)
$4.4 million judgment.Our client brought contract, tort, and alter ego claims against one of the largest pencil-makers in the world, a Chinese company, over that defendant’s refusal to honor an exclusive distribution agreement.After 2.5 years of litigation (including depositions in Hong Kong), the parties agreed to settle the lawsuit in exchange for a $4.4 million payment to our client, and that settlement was later reduced to a judgment.Despite the defendant’s assets being located in China, our client collected the full $4.4 million owed to him.(Products and Ventures Int’l v. Axus Stationery (Shanghai) Ltd.)
$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)
$3.9 million value arbitration award.The arbitrator ordered that our client had to pay a prominent Hawaii law firm only $147,000 for work they had performed for him, when those attorneys were asking for more than $4 million in damages and attorney’s fees on their breach of contract claim.This arbitration award was subsequently confirmed by a federal court.(Cox Fricke LLP v. Barranco)
$3 million jury verdict on breach of implied warranty counterclaims brought by our client, a small cigarillo manufacturer, against a large tobacco component manufacturer.At the same time, the manufacturer obtained only $484,000 in relief on its own claim for breach of contract after our client stipulated to liability and damages.(Deutsche-Hollandische Tabakgesellschaft v. Trendsettah)
$1.25 million settlement.We represented investors who sued the officers of a defunct venture-backed startup for misrepresentations made by them in connection with a bridge loan financing.The case was settled following a mediation session held shortly after the lawsuit was filed.(Confidential)
$1.6 million settlement.We represented homebuyers who sued a real estate developer over failures to disclose certain environmental conditions on their property.The matter was settled before a lawsuit was filed.(Confidential)
$275,000 settlement.We represented early employees in a venture-backed startup who alleged that the startup failed to properly compensate them for their work prior to forcing them out.The matter was settled before a lawsuit was filed.(Confidential)
$315,000 settlement.We represented a website publisher who sued an online advertiser that had failed to pay for advertising impressions on that publisher’s website.The lawsuit was settled after the parties finished briefing the defendant’s motion to dismiss.(Confidential)
$250,000 bench verdict. Following a bench trial, the court issued findings of fact and law awarding $250,000 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)
$117,000 judgment.We represented an investor who alleged that she had been deceived by the co-founders of a startup called GOphotobooks into making loans to the company.The case settled shortly before trial and was later reduced to a judgment.(Kassouf v. Weaver)
$500,000 value arbitration award. An arbitrator awarded damages and equitable relief worth up to $500,000 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)
$175,000 value judgment.Our client was sued for allegedly borrowing and refusing to repay $175,000 to the plaintiff.Following a bench trial, the court granted our motion for judgment in favor of our client, and found him not liable.(Bradley v. Bradley)
Furthermore, other successes in commercial litigation experienced by the lawyers of Gaw | Poe LLP prior to their time with the firm include:
$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)