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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.
Abbott Point of Care, Inc. v. Epocal, Inc. (N.D. Ala.)
This matter involved claims against the defendant manufacturer of patient point-of-care testing equipment in two separate lawsuits, where plaintiff asserted claims of infringement related to four patents, interference with noncompetition agreements with former employees of plaintiff, and ownership over the subject patents. Mr. Goodman represented the defendants and was lead trial counsel on all aspects of plaintiff’s state law claims. Following a two-week trial, the jury returned a verdict for defendant on all counts. Aspects of the case are reported at 908 F. Supp. 2d 1231 (N.D. Ala. 2012).

Pixsys Technologies, Inc. v. Agemni, LLC (N.D. Ala.)
This case involved innovative use of the federal Computer Fraud and Abuse Act to stop the competitor of the firm’s client from utilizing a legitimate customer’s credentialing and password to access the client’s internet-based proprietary software. The firm obtained a temporary restraining order against the competitor; following intensive discovery, the case was favorably settled. Aspects of the case are reported at 2013 WL 5739027 (N.D. Ala. Oct. 22, 2013). For commentary on the case, see http://execsecurity.com/blog/tussle-over-high-tech-corporate-espionage/#sthash.6MXpLkBN.dpbs and http://computerfraud.us/computer-crime/a-weapon-against-hackers-on-the-home-front .

E.S. Robbins Corp. v. Schwertner (N.D. Ala.)
This case involved misappropriation of manufacturing process secrets belonging to the inventor of poly-coated livestock fencing, by the company’s former chief technical officer. The officer was attempting to use the technology in a competing manufacturing operation with one of the company’s distributors. Following discovery and a multiple day non-jury trial, the court entered a seven-year permanent injunction in favor of the firm’s client and against the former officer and his new employer. The injunction was affirmed on appeal by the Eleventh Circuit. The case was notable both for the length of the injunction granted and because the case raised for the first time in Alabama the inevitable disclosure doctrine.

Marketron International, Inc. v. OneDomain, Inc. (Cir. Ct. Jefferson Co., Ala.)
Mr. Goodman represented defendants in this software case, alleging trade secret misappropriation and violation of noncompetition covenants, brought against them by their former employer. Although an ex parte TRO was initially granted, the firm defeated plaintiff’s motion for preliminary injunction, and won summary judgment on all claims. The court also awarded defendants attorneys’ fees under the Alabama Litigation Accountability Act.

Ormco Corp. v. Johns,869 So. 2d 1109 (Ala. 2003)
Mr. Goodman represented the plaintiff medical supply company in this noncompete action against its former employee. The trial court’s denial of preliminary injunctive relief was reversed on appeal, in a case that established the standard in Alabama for proving irreparable injury in the noncompetition context.

Askew v. DCH Health Care Authority, 995 F.2d 1033 (11th Cir. 1993)
This landmark decision applied the state action doctrine in the context of a monopolization claim against a hospital organized under the Alabama Health Care Authority Act.

Ram Tool Supply Co., Inc. v. White Cap Construction Supply Co. (N.D. Ala.)
Mr. Goodman served as lead counsel for defendants in an action by a construction supply company against its former employees and their new employer, alleging trade secret misappropriation. Following extensive discovery and a lengthy evidentiary hearing, the court denied plaintiffs’ motion for preliminary injunction. The case was subsequently refiled in Tennessee, where defendants sought and were granted summary judgment.

Diamond Game Enterprises v. Enfinger(Cir. Ct. Jefferson Co., Ala.)
This case involved representation of defendants in claims by former employer based on alleged breach of nonsolicitation and confidentiality agreement. Plaintiff’s motion for preliminary injunction was denied based on Alabama’s door-closing statute, and the case was dismissed with prejudice.

SRS Technologies v. Physitron (N.D. Ala.)
The firm in this case represented plaintiff, a designer and manufacturer of space-ready antennae technology, alleging trade secret misappropriation by a former employer and a competitor. The case settled favorably during the hearing on plaintiff’s motion for preliminary injunction, with the entry of a consent injunction.

Wyatt Safety Supply Co. v. Industrial Safety Prods. , 566 So. 2d 728 (Ala. 1990)
Representation of defendants in noncompete action; trial court’s preliminary injunction reversed on appeal. The case established the law in Alabama at that time that successor corporations could not enforce noncompetion agreements entered into by their predecessors.

Corinthian Mortgage Corp. v. Choicepoint Precision Marketing, LLC(E.D. Va.)
Suit by bank alleging breach of confidentiality agreement by defendant mailing list vendor, resulting in competitor’s acquisition of plaintiff’s information. Settled favorably.

Integrity Rehab Group v. Arkansas Specialty Orthopaedics(E.D. Ark.)
Representation of orthopedic rehabilitation management company in suit for specific performance and breach of contract arising out agreement with doctor group containing noncompetition covenants. Preliminary injunction denied, but case settled favorably prior to trial.

Hot New Products, Inc. v. Trotter, Inc. (N.D. Ala.)
Representation of seller of exercise equipment against manufacturer, alleging resale price maintenance under antitrust laws. Jury verdict for defendant, but case settled on appeal.

HealthSouth v. Clark (D. S.C.)
Representation of plaintiff in case alleging violation of duty of loyalty and breach of confidentiality agreement against former employee; case favorably settled following preliminary injunction hearing.

Nutreco Canada, Inc. v. Douglas(Cir. Ct. Madison Co., Ala.)
Representation of defendants in alleged misappropriation of trade secrets action. Favorably settled.

Southern Pipe & Supply Co. v. Long (S.D. Miss.)
Representation of plaintiff seeking enforcement of noncompete agreement; preliminary injunction granted and case settled favorably.

Citadel Broadcasting Corp. v. Haney(N.D. Ala.)
Representation of former sports radio employee in action seeking enforcement of noncompetition agreement. Favorably settled.

Southern Pipe & Supply Co. v. Pruitt(S.D. Miss.)
Representation of plaintiff manufacturer in noncompete action against former employee. Favorably settled.

Alfa Mut. Ins. Co. v. Price(Cir. Ct. Jefferson Co., Ala.)
Representation of plaintiff insurer in noncompete action against its former CFO; case settled favorably.

Cardinal Health 200, Inc. v. Dortch(Cir. Ct. Jefferson Co., Ala.)
Representation of defendant former employees and new employer in noncompete action; case settled favorably.

Johnson v. Unisource Worldwide, Inc. (M.D. Ala.)
Representation of defendant employer in declaratory judgment action regarding noncompete agreement; case favorably settled.

Red Clay Technology Group, Inc. v. Bentrup(Cir. Ct. Jefferson Co., Ala.)
Representation of plaintiff in noncompete action; settled favorably.

Southland Tube v. Long(Cir. Ct. Jefferson Co., Ala.)
Representation of plaintiff manufacturer in noncompete action against former employee; case favorably settled.

Cashpoint Network Servs., Inc. v. Sligh(Cir. Ct. Shelby Co., Ala.)
Representation of employer in action against former employee for breach of a nondisclosure and confidentiality agreement. Case favorably settled.

Randall Publishing Co. v. O’Brien(N.D. Ala.)
Representation of plaintiff publishing company against former employees for violation of noncompetition agreements; case favorably settled.

Wood v. McGriff, Seibels & Williams, Inc.(Cir. Ct. Jefferson Co., Ala .)
Representation of defendant employer in declaratory judgment action involving noncompete agreement; case favorably settled.

Rust Plant Servs, Inc. v. Koehler(N.D. Ala.)
Representation of employer in action against employee for violation of nondisclosure agreement; case favorably settled.

McGriff, Seibels & Williams, Inc.v. Colvin(Cir. Ct. Jefferson Co., Ala.)
Representation of employer in action to enforce noncompete agreement; case favorably settled.

H&R Block Eastern Enterprises, Inc. v. Lewis(N.D. Ala.)
Action seeking enforcement of noncompetition agreement; settled favorably.

Roto-Rooter Corp. v. Cobb(N.D. Ala.)
Suit to enforce noncompetition agreement; settled by consent injunction.

Institutional Sales Systems, Inc. v. Mullins(Cir. Ct. Jefferson Co., Ala.)
Representation of new employer in action seeking enforcement of noncompete; summary judgment for new employer granted on tortious interference claim.

Towns v. Stryka(N.D. Ala.)
Representation of seller of health products in noncompete case against former employee. Favorably settled.

Blue Medical Supply v. Mayfield(Cir. Ct. Jefferson Co., Ala.)
Representation of plaintiff in suit alleging violation of noncompetition agreement. Favorably settled.
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.