All the Ways to Win
All the Ways to Win.
We are a litigation firm and that means we are hired to win. Sometimes winning is a jury verdict and a splashy headline, and we admit we kind of like that. But a client who has been sued, or whose intellectual property has been stolen, or who just can’t get paid, usually isn’t thinking about trial strategy. They have a problem, and winning means making the problem go away.
We get that. Litigation can be time-consuming and expensive and sometimes that can’t be avoided. But often we win for our clients without even filing a motion, much less making a closing argument. For our clients, those wins are just as satisfying as the victory at trial.
No jury verdicts, no splashy headlines, but here are some examples of our wins from recent months:
- Our client, a commercial software vendor, was sued by a business customer who claimed the client’s software failed to perform as promised, causing the customer’s business significant losses. The plaintiff sued in federal court for fraud and breach of contract, seeking $5 million in damages. Before we even filed a motion, we convinced the plaintiff to dismiss the lawsuit with our client paying nothing.
- Our client, a manufacturer of consumer networking equipment, was sued in a putative class action after a software update by the client caused its customers to lose data. We convinced class counsel that the proposed lead plaintiff was inadequate, and without our ever filing a motion, the lawsuit was dismissed with our client paying nothing.
- Our client, a Fortune 500 electronics manufacturer, was named as a defendant in an antitrust class action alleging a global, multi-billion dollar conspiracy to fix the prices of certain electronics components; employees of other defendants had pled guilty to price fixing. After our client and other defendants settled with the class, a Fortune 100 electronics manufacturer that had opted out of the class settlement threatened to sue our client. We convinced the opt-out company not to sue our client at all, and our client paid the opt-out company nothing.
- Our client, a mobile gaming company, hired us to sue a mobile advertising platform that had failed to pay over $1 million pursuant to contract. We obtained a settlement for our client in which our client received consideration worth more than the amount of the debt.
- Our client, a social media and online marketing company, hired us to sue an ad mediation platform that had refused to pay over $700,000 pursuant to contract. We obtained a confidential (and satisfactory) settlement.
- Our client, a global hospitality company, offered a senior executive position to an officer of another large company; the prospective hire was subject to an employment agreement with a covenant not to compete and extensive disclosure requirements before taking other employment. We advised the client on how to make the offer and mitigate the risk of litigation over the non-compete or the use of confidential information. Our client hired the executive without any litigation or threat of litigation.