• Print
Share on Google Plus

Complex Business Litigation

Experience

Obtained dismissal for large, nonprofit hospital in putative class action alleging breach of charitable trust, breach of contract and related actions. Also successfully defended hospital against motion to transfer and consolidate case in multi-district litigation.
Obtained dismissal of Fortune 100 entertainment company and several of its subsidiaries in multiple copyright infringement cases involving sound recordings and musical compositions.
Successfully represented national hotel franchise companies in more than 50 breach of contract, trademark infringement and/or unfair competition cases ranging in value from $20,000 to $300,000.
Obtained a $473,000 judgment on behalf of client in regard to an eviction action against assetless tenant. In addition, we obtained a significant amount from the guarantor by making claims in the guarantor's pending divorce action, successfully garnishing $85,000.
This case commenced in the Delaware Chancery Court and related to a squeeze out merger of the minority stockholders of Alabama By-Products Corporation.
Involved a dealership agreement dispute, breach of contract and unfair competition claims.
Obtained summary judgment for funeral home and cemetery operator in suit for breach of contract and misrepresentation.
Represented numerous parties in claims asserted by the SEC, ranging from defense of informal investigation to Wells Submissions and negotiation of settlements.
Defended client in arbitration regarding a dispute over retro-active premium adjustment.
Tried case and secured Award in client’s favor before three-member arbitration panel related to breach of contract and alleged fraudulent representatives over sale of debenture. Anne Marie’s witnesses at trial included experts in actuarial science and fair market valuation. The matter also involved a companion federal district court, which settled as a result of the arbitration result.
Tennessee Supreme Court distinguished between price differential in lease agreement and usury. Choice of law was at issue-an important issue for ortant issue for lenders prior to usury statute amendments.
Ex parte Comm. Health Sys. Prof’l Servs. Corp., 72 So. 3d 595 (Ala. 2011)
  • Assisted in defense of national mortgage broker in putative class action in federal court alleging violations of state’s finder’s fee law and consumer protection act in connection with purportedly fraudulent referral program used in consumer mortgage loan transactions, resulting in minimal payment to individual class representatives and dismissal of class action.
  • Served as local counsel on behalf of national tax services provider in lawsuit brought in federal court by franchisee alleging fraud and breach of contract arising out of negotiation and compliance with franchise agreement; helped to secure dismissal of franchisee’s fraud claims for failure to state viable claims and summary judgment in client’s favor on franchisee’s breach of contract claim based upon lack of evidence supporting violations alleged.
Counsel to regional non-profit health care system in cases involving complex ERISA issues, including fiduciary matters and claims for benefits.
Coordinated 10-year remedial investigation and response for site in New York, where a chlorinated solvent release threatens the public water supply. Negotiations are ongoing with the EPA, State and local municipality to arrive at a reasonable and effective remedy.
Defense of claim that company's employee allegedly stole a multi-million dollar stamp collection. Case went to trial and was settled.
Defended mortgage lender against challenge of lending practices and Tennessee Title Pledge Act. Resulted in a settlement.
Defended client in tax-free split of $1.5 billion in family-held businesses with substantial real estate holdings and ownership of NFL franchise. The case spawned three lawsuits and involved many consultants in areas of accounting, tax planning and estate planning.
Representation of registered representatives sued by their customers on lack of suitability and failure to disclose claims.
Attorney/client had been sued in several cases involving commonly owned retirement centers. Claims were resolved within policy limits.
Represent manufacturer of small pressure vessels in dispute to enforce indemnification given by prior owner for addressing solvent contamination of property.
We obtained a favorable settlement of a dispute with an outsourced IT vendor in Chancery Court for Davidson County, Tennessee where our client complained of being sold expensive "vaporware" by Computer Associates.
Defended client in suit alleging client's boats were damaging the shoreline of the Cumberland River, and thereby challenged our client's business objective of using the river as means of transportation. After four week trial, received a ruling in favor of client.
Assisted client against assertion by their client of mismanagement across several properties with potential seven-figure exposures. Organized and conducted investigation of all claims and made presentation that convinced their client its claims were groundless.
We represented a Tier One engine cradle and suspension assembly manufacturer in a suit against a major automotive OEM in an attempt to prevent further unilateral price reductions under long term supply agreements as part of the OEM's effort to cut costs and avoid bankruptcy. Our client filed suit in Warren County, Tennessee, and the OEM filed suit against our client four days later in Macomb County Circuit Court, Macomb County, Michigan. The Michigan court refused to dismiss the case, finding venue proper in Michigan. The Tennessee court found the OEM long term supply agreement venue provision vague and refused to dismiss the case, causing the OEM's CEO to instruct the OEM’s worldwide purchasing chief to settle the case, putting an end to the unilateral price reductions. The case resolved on favorable terms after four days of settlement negotiations with our client remaining as an OEM supplier. We also revised our client's terms and conditions of sale and purchase subsequent to settlement of the OEM litigation and continue to assisted this client on various matters in connection with its relationships with other OEMs.
Defense of a petroleum refiner in litigation brought by a distributor pursuant to the Alabama Motor Fuel Marketing Act and various tort theories.
Represent client in multiple class action antitrust cases pending in U.S. District Court alleging price fixing in the copper tubing industry. Case still pending.
Complex business divorce litigation involving music business and successful rock band from the 1970s. Cases tried in Tennessee and New York. Successfully settled case.
Mediated case that resolved in mediation. Otherwise would have had to move forward in arbitration and litigation.
Represents concert promoter on all personal injury and commercial disputes in Tennessee.
Represented claimants in successful effort to recover “investments” lost in Ponzi scheme after successfully convincing carriers to resolve claims through confidential settlement; have also represented broker-dealer in failure to supervise claims asserting that it should have discovered the actions of the registered representative who operated the Ponzi scheme.
We represented an engineering firm engaged in the design and manufacture of automated assembly equipment in various actions in Michigan and Tennessee, including disputes with automotive suppliers regarding assembly and stamping equipment and safety seal manufacturing equipment. We also represented this client in connection with an economic espionage action and assisted with the federal prosecution of a former employee who attempted to convey trade secrets of our client's customer to its competitors.
We obtained a favorable settlement in state court litigation in Charlotte, North Carolina, in which our client, a provider of Internet connectivity and disaster recovery services, claimed that the defendant systems integrator sold it a far more expensive data storage and networking system than was appropriate. We also represented this client in a directors and officers insurance coverage dispute in arbitration arising from the indemnification of a former CEO of our client, which was resolved favorably.
Represented client in proceedings in connection with several CERCLA Superfund sites including litigation against insurance carriers.
We represented a Tier One automotive seat assembly manufacturer in a suit in Henderson County, Tennessee, filed by a metal coatings supplier for breach of contract and business tort claims, including failure to follow OEM hydrogen embrittlement relief specifications and PPAPs. We obtained a rare reversal of an adverse jury verdict based on juror misconduct. The case was resolved on favorable terms after dismissal of all business tort claims before a scheduled second trial.
Successful defense and settlement of more than $1 million in claims. Prosecution of claims against defunct managed care organization in TennCare system.
We represented a startup health care company in a suit filed by a large competitor claiming misappropriation of trade secrets, violation of confidentiality and non-compete agreements and intentional interference with business relations. In this bet-the-company case, we obtained a favorable settlement for our clients after more than 500 court filings, approximately 50 court hearings before four judges, more than 60 depositions, and four days of mediation before a panel of three mediators. The confidential settlement included providing authority to our client to publicize the resolution of the case, including that it paid no money to its competitor and that there was no finding or admission of wrongdoing.
Obtained summary judgment on behalf of client in a tax refund case holding that (1) the interest income was nonbusiness earnings for Tennessee franchise and excise tax purposes and (2) under principles of federal constitutional law, Tennessee could not require our client to apportion its interest income to Tennessee. Although the case involved more than $2 million in pending claims, with this ruling, we have eliminated our client's prospective fanchise and excise tax liability on its investment earnings for future years.