Commercial Litigation Results
Arbitration
The Firm successfully represented an elderly couple who were financially exploited by their daughter, who caused her elderly parents to execute documents transferring valuable business and commercial property to her, along with a remainder interest in her parent’s house. We sought over $4.4 million in damages and other relief. After we presented our case-in-chief at the final arbitration hearing, the daughter agreed to a favorable settlement in which she paid her parents $4,025,000 and rescinded an Asset Purchase Contract.
We prevailed in a FINRA arbitration for our client, who gave her financial advisor husband a power of attorney to trade in her brokerage account and he approved a series of risky and unsuitable investments, resulting in large financial losses. Notwithstanding her husband’s legal authority to act on her behalf, at arbitration we prevailed on our argument that the brokerage firm had an independent duty to ensure the investments were suitable for her and should have refused to execute the husband’s orders. Our client recovered all of her losses.
The Firm successfully defended our client in a suit brought by his former employer, a major accounting firm, seeking more than $3.5 million in damages for breach of a restrictive covenant in their employment agreement. We prevailed on arguments that the employer had no legitimate business interest in enforcing the covenant because it sold its practice to another accounting firm and that the employer committed the first material breach of the employment contract by refusing to pay the client his compensation under the agreement after he declined to sign a new, materially different employment agreement with the accounting firm that purchased the employer’s practice.
Breach Of Contract
The firm successfully represented a Palm Beach County cold food storage and distribution business that constructed a warehouse in Riviera Beach. After the general contractor walked off the job and the client had to hire another general contractor, the initial general contractor sued under construction lien theories and the firm filed counterclaims. We obtained a judgment against the initial contractor of over $7.3 million.
The Firm represented an established Florida law firm, which had a Strategic Alliance Agreement with an out-of-state law firm providing for co-counsel participation and consulting fees for helping the out-of-state firm establish a Florida practice. After the out-of-state law firm failed to meet its disclosure and payment obligations under the agreement, we sought to recover its portion of the legal fees earned on cases covered by the agreement. We obtained a confidential settlement after defeating the out-of-state law firm’s claim that the agreement was not enforceable because it violated the Rules Regulating the Florida Bar, successfully arguing that violations of the Rules Regulating the Florida Bar do not give rise to causes of action and create no presumption that a legal duty was breached, as well as that the alleged violations could have reasonably been avoided had the out of state law firm met all of its contractual obligations.
We represented a purveyor of high-end Oriental rugs, who alleged that FedEx breached a contract for the delivery of its mailings to its international customers. FedEx defended on the basis of limitations on liability and damages for international shipping under the Warsaw Convention and counterclaimed over $100,000.00 in shipping charges. We proved that the Warsaw Convention limitations did not apply and secured a verdict and judgment of nearly $1.4 million against FedEx, which was affirmed on appeal.
Bet the Company
The firm prevailed in breach of contract and breach of fiduciary duty litigation brought by the majority member of a prominent real estate development company against the minority member. After a 12-day non-jury trial involving complex financial and damages issues, we obtained a judgment of over $17.5 million, plus attorney’s fees and costs, and an order dissociating the minority member and preventing them from participating in the profits of any future projects. The total recovery and other relief were valued as being worth approximately $100 million.
The firm represented a public biotechnology company in an action alleging that three prominent law firms were culpable for overreacting to whistleblower communications claiming improprieties at a Hong Kong-based subsidiary by causing the company to prematurely and unnecessarily withdraw its financial statements and place its Chief Executive Officer, Chairman of the Board, largest shareholder and largest creditor on a leave of absence pending an investigation, all of which resulted in the company being delisted, deregistered, losing a market cap of approximately $160 million and over $700 million in lost profits and other damages as a consequence of the attorneys’ conduct. All three law firms entered into confidential settlements with our client.
In a complex dispute involving a real estate development company and its affiliates, the Firm represented one principal against two other principals in litigation concerning the ownership and management of multiple closely-held limited liability companies and real properties. After heavily litigating multifaceted contract, tax, and damages issues, the case was resolved in a confidential settlement.
Breach Of Fiduciary Duty
We prevailed in litigation on behalf of an owner of a profitable eyewear business who alleged that his two partners had agreed to have equal ownership, but that one partner improperly took control of the company by secretly purchasing stock from an investor in the company. After a two-week jury trial, we won a $4.3 million verdict.
Fraud
The Firm recently obtained a $1.3 million judgment on behalf of a pension fund manager who was defrauded into investing in a scheme orchestrated by a New Jersey investment advisor. We also convinced the Court to enter detailed findings
of fact for fraud in the final judgment so that the judgment debt would be protected from any future attempt by the investment advisor to discharge it into bankruptcy.
In a highly publicized case, the Firm represented one spouse of a high net-worth couple against the other in an action involving a myriad of financial fraud, including the fraudulent transfer of assets to numerous offshore accounts in notorious tax havens and the creation of a parallel universe of companies outside of the United States. The case involved civil litigation in multiple forums regarding alleged fraudulent transfers exceeding $400 million. After contentious litigation, the Firm secured a very substantial settlement for the client.
Legal and Accounting Malpractice
Professional malpractice or professional negligence occurs when an individual who claims to have certain expertise is not competent, resulting in damages. The Firm is well-known for representing plaintiffs in complex legal and accounting malpractice actions, a niche that is occupied by relatively few attorneys. Our diverse complex commercial litigation practice has enabled us to effectively represent clients in a wide range of legal and accounting malpractice actions in areas such as corporate law, auditing, contracts, real estate, trusts and estates, and family law.
Your attorneys and accountants must follow ethical codes and standards of care and loyalty. If you believe your attorney or accountant may have violated these standards by, for example, irregular use of funds or a conflict of interest, contact us. If your original case would have been successful with proper representation, your case warrants examination.
Construction Defects Litigation: $3,800,000,00
Over the years, our firm has successfully represented numerous associations for construction defects. Most recently, KWBR successfully represented a community association against numerous contractors and other parties respecting construction defects. The litigation was contentiously defended and went to trial. KWBR was able to force the defendants to settle the case during the scheduled six-week trial for approximately $3,800,000.00.
Partnership Litigation
A significant amount of the Firm’s practice is devoted to partnership law. The firm has represented clients in many different types of partnership disputes, ranging from disputes between family members who own a business together, to law firms and medical practices and their partners embroiled in litigation against one another. [additional specifics about law firm disputes]
Corporate & Shareholder
The Firm has extensive experience representing both corporations and shareholders and similar legal entities and owners, including closely-held limited liability companies, with respect to ownership, management control, and compensation disputes. Our experience includes all aspects of shareholder rights, including shareholder derivative and oppression actions. We also handle claims arising from stock acquisitions, capital investments, and other corporate transactions. Additionally, we are experienced with respect to fiduciary duty claims and investigations of both public and private companies.
Tortious Interference
We represented a client that alleged it had a contract with Citicorp to purchase 27 Wendy’s franchises in South Florida at a time when the franchises were not particularly profitable. The closing of that contract was contingent upon Wendy’s approval. Wendy’s provided preliminary approval. Subsequently, however, the client alleged that the financial performance of the franchises improved, at which time Wendy’s concocted an elaborate scheme to create turmoil within the corporate structure of our client, which Wendy’s then used as the pretext for its denial of our client’s contract. After a hard-fought lengthy trial in federal court, we won a $5.1 million verdict for our client against Wendy’s. The verdict and judgment were affirmed on appeal, and paid in full.
Tortious Interference and Defamation Claims
We represented the former director of emergency room services against HCA Healthcare Corporation and JFK Hospital. We proved that HCA had tortiously interfered with our client’s contract to manage two emergency room practices at two hospitals in Palm Beach County and that the defendants had defamed him in the process. The case focused on the impact of HCA’s acquisition of the hospitals, concerns over patient care that resulted from new policies and practices by HCA as the new hospital owner, and the extent to which both HCA and the hospital attempted to discredit our client and his criticisms through unfounded allegations concerning patient care. After a multi-week jury trial, the jury awarded our client $6 million and determined that he was entitled to punitive damages in addition to that amount. The parties entered into a confidential settlement agreement before the jury determined the amount of punitive damages.
Personal Injury Case Results
The cases below are but a few of those handled. There is not enough space to list all verdicts and recoveries. Obviously, each case differs as to the facts, liability, and damages. Past results do not guarantee future results. The Firm believes that this case results in evidence of the fact that it regularly handles large personal injury claims. All results are before fees and expenses. Your inquiry is encouraged if you feel you have a case.
Catastrophic Injuries To Extremities: $13,000,000
The client suffered severe traumatic injuries to her upper extremities, including significant disfigurement. Numerous reconstructive surgeries were required.
Wrongful Death: $5,000,000.00
A truck driver was involved in a roll-over accident due to being cut off during rush hour traffic. The defendants claimed that they were not at fault and that Plaintiff over-reacted and caused the rollover. Further, the defendants claimed that the Plaintiff was a poor father and contested damages.
Catastrophic Injuries to Extremities: $4,000,000.00
The client suffered severe traumatic injuries to his arm, shoulder, and hip which required multiple surgeries and left him unable to work.
Automobile Accident: $3,000,000.00
The client was rear-ended and suffered significant damage.
Medical Malpractice: $2,800,000.00
Surgical complications were improperly treated.
Medical Malpractice: $2,600,000.00
A medical condition was misdiagnosed.
Wrongful Death: $1,800,000.00
The client was killed due to a defective product. Defendants contested liability and a lawsuit was filed. Expert witnesses were essential to this recovery.
Automobile Accident: $1,000,000.00
The client was injured and suffered neck injuries requiring surgery. Although he recovered, his earning capacity was significantly affected. The Firm was successful in recovering the full amount of the available insurance policy, $1,000,000.00, for the Plaintiff.
Wrongful death: $1,000,000.00
The client was a passenger in a motor vehicle accident and died. A lawsuit was filed and the defendant contested liability. The litigation was lengthy and involved numerous experts hired by both sides. The defendant paid the full amount of the insurance policy prior to trial.
Construction Accident: $900,000.00
The client was injured on a job site due to the defective loading of construction equipment.
Automobile Accident: $845,000.00
The client was a pedestrian struck by a vehicle. A minimal settlement offer was made and the Firm filed a lawsuit. The case was settled prior to trial.
Eye injuries to a Child: $800,000.00
The child suffered injuries to her face and eye.
Automobile Accident: $775,000.00
The client was a passenger injured in an automobile accident. The client recovered but had permanent injuries and wage losses.
We look forward to discussing the particular facts of any case with prospective clients. All personal injury claims are handled on a contingent fee basis. No fees or costs are paid unless the Firm recovers monies for the client.
Because Results Matters
When The Stakes Are High
