Cases
Representative Matters: Co-lead trial counsel to SAP America in case brought by the California State Controller's Office regarding the implementation of a SAP payroll system for state employees, with damages alleged at more than $300 million.
Lead counsel for SAP America in defense of claims brought by a California county government arising out of the implementation of ERP software, including RICO, conspiracy
aiding
abetting claims. After the federal district court granted client's motion to dismiss the RICO
conspiracy claims, the county agreed to dismiss all claims against our client. County of Marin v. SAP America et al., Case No. C 11-00381, (N.D. Cal., Illston, J., Nov. 2012).
Lead counsel to an international food manufacturer in contract dispute with IT vendor regarding failed implementation of software. Columbus IT Partner v. Wenner Bread Products (E.D.N.Y. )
Lead counsel for SAP America defending a lawsuit brought by a customer of SAP regarding an implementation of SAP's software. The customer sought damages in excess of $18,000,000 on its fraud
breach of contract claims. After a two-week trial involving 15 witnesses, a jury returned a defense verdict in favor of SAP. The Pennsylvania Superior Court affirmed on appeal. DeLuca Homes et al. v. SAP America et al.
Lead trial counsel to a paintball distributor in a bet the company international arbitration against a Canadian paintball manufacturer. After twenty days of hearings, the arbitration panel determined that the parties' exclusive distribution agreement had been wrongfully terminated by the manufacturer
issued an award of more than $15,000,000 in favor of the client distributor.
Lead trial counsel
appellate counsel for real estate developer in fraud claim brought by a tenant seeking in excess of $8,000,000. After a 15-day bench trial, trial court awarded client developer a defense verdict. On appeal, the Pennsylvania Superior Court affirmed the trial court's ruling. Synygy Inc. v. Preferred Real Estate Investments, Inc., (Pa. Super., November 2011).
Lead counsel in a non-compete case on behalf of former employee. Trial court awarded declaratory judgment for former employee on basis that former employer had fired employee. After the case was rem
ed on appeal, trial court granted summary judgment in favor of client former employer on basis that former employee had not properly preserved its claims. Missett v. HUB International of Pennsylvania, 6 A.3d 530 (Pa. Super. 2010)
on rem
, Missett v. HUB International of PA, Case No. 08-22584 (Mont. Co., Pa., Del Ricci, J., April 2012).
Counsel for semiconductor manufacturer in dispute concerning the interpretation of conflicting provisions in a patent license agreement. After two month bench trial, trial court found in favor of client manufacturer, resulting in client saving millions on patent royalty payments. The trial court's ruling was affirmed by the Delaware Supreme Court. Motorola, Inc. v. Amkor Technology, Inc., 958 A.2d 852 (Del. 2008).
Counsel for business entity involving interpretation of the Federal Arbitration Act
the Delaware Uniform Arbitration Act. The Chancery Court entered a permanent injunction in favor of client that DUAA barred opponent's threatened claims. The Delaware Supreme Court affirmed on appeal. Business Planning Systems, Inc. v. Personnel Decisions, Inc., (Del. Supreme Court, March 2009).
Counsel to several manufacturers in their claims against PeopleSoft (now owned by Oracle) alleging breach of contract
fraud claims arising out of the failed implementation of ERP software. The cases settled on confidential terms that the clients found favorable.
Counsel to outside directors in a securities case brought by a United States Trustee in connection with the bankruptcy of publicly traded company. After preliminary discovery was complete, successfully negotiated a dismissal of claims against the directors.
Counsel to an insurance conglomerate in its defense of a wrongful termination claim brought against it by a terminated software vendor. Following a three-week arbitration, the conglomerate prevailed on its counterclaim.
Counsel to various schools
other real estate owners in connection with construction projects. Draft
negotiate owner-contractor construction contracts, owner-architect agreements,
owner-construction manager agreements for owners, contractors
design professionals.
Counsel to an industrial manufacturer defending against a breach of contract/indemnification claim in the amount of $60 million. After extensive discovery, the district court granted our client's motion for summary judgment, a decision that was affirmed by the United States Court of Appeals for the Third Circuit. Dravo Corp. v. Imo Industries, Case No. 99-5477 (3d Cir. 2000).
Lead counsel in a breach of a license agreement claim between a U.S.-based semiconductor manufacturer
a Japanese based watch manufacturer involving the sale
licensing of various patents. The case was tried under the auspices of the International Chamber of Commerce before a panel of three arbitrators.
