Contracts

The First National Bank of Chicago (now part of J.P. Morgan Chase) in a case presenting the question of the enforceability of an option under an interest-rate-swap agreement. First National Bank of Chicago v. Ackerley Communications, Inc.., 28 Fed. Appx. 61 (2d Cir. 2002). See 2001 WL 34355866, 2001 WL 34355867 (briefs) (U.S. Court of Appeals for the Second Circuit).

JPMorgan Chase for trial in a case involving a certified class alleging breach of the covenant of good faith and fair dealing arising from changes in the minimum monthly payment due pursuant to the change in terms provision following a credit card promotion regarding balance transfer loans and promotional interest rates.

JPMorgan Chase in a case involving an indemnification dispute arising out of the sale of assets to another bank.

A publicly traded financial services firm in connection with an intended third-party beneficiary contract and professional malpractice claim against one of the nation’s largest insurers.

One of the nation’s largest financial services firms in dispute with a similar firm concerning alleged breaches of representations and warranties incident to a business sale.

A water filter manufacturer in a lawsuit over the performance of those filters in a water treatment plant in Bakersfield, California.

A private equity firm in its breach of contract claim with regard to the sale of a healthcare company, which included allegations of civil fraud.

JPMorgan Chase in a dispute with its landlord regarding breach of lease.

A stone installation company in a withdrawal lability dispute under the Multiemployer Pension Plan Amendment Act of 1980, 29 U.S.C. §1381, et seq., with the Laborers’ Pension Fund.

A family trust in a dispute arising out of the failure to pay on promissory notes issued in connection with the sale of a medical rehab and fitness equipment company.

An aerospace company and its CEO in a dispute with its accountant regarding earnout calculations.

A software company in a dispute arising out of contracting party’s failure to pay for software installation.

NL Industries in arbitration, litigation, and appeal involving breach of environmental remediation contract claims and cross-claims against Canonie Environmental Services arising out of the cleanup of a Superfund Site.

Puget Sound Power, PacifiCorp, Portland General, & Washington Water Power in coal supply contract arbitration with a mining company.

Advise nationwide provider of medical care services in a requirements contract dispute with its principal supplier on possible litigation.

Sears Payment Systems in breach and anticipatory breach contract dispute against Fred Meyer involving proprietary credit card processing.

One of the nation’s largest financial services firms in putative class action litigation alleging breach of contract, fraud, and RICO in connection with forced-placed property insurance.

First Analysis Corporation, a venture capital firm, in dispute with former acquisition target.

A dental and veterinary imaging company in an accounting arbitration dispute with its purchaser regarding the calculation of a contingent purchase price earnout.

Two private equity funds, and the company in which they invested, in an arbitration against the founder-sellers involving breaches of representations and warranties, including for compliance with laws in the wake of a federal investigation and indictment of a related entity and former employee.

A health club owner/operator, in negotiations with a former business partner who had failed to pay an agreed percentage of the revenues from the operation of another club.

JPMorgan Chase in a dispute regarding its leases with its landlords with regard to multiple branches in New York state.

A family-run dealer in its "bet-the-business" litigation over the contracts underlying its relationship with its main distributor.

An enterprise-software and technology firm in defense of claims that its software caused its counterparty’s business to fail.

A businessman in his suit against former business partners for failing to pay royalties on a patent portfolio.

USAmeriBank in a dispute concerning its obligation, if any, to share the proceeds of its set-off with lending syndicate members as borrower’s criminal fraud unfolded where USAB purchased participations in the loan. USAmeriBank vs. Sovereign Bank, Case No. 2D12-389 (2 Dist. Ct. App. Fl.).

An individual in need of employment contract advice and consultation as the division of her financial-services firm was sold to another entity.

United Airlines in sex discrimination and breach of contract trial. Lakin v. United Airlines, Inc.

A telecommunications company in a case involving breach of contract and other state-law claims. Straitshot Communications, Inc. v. Telekenex, Inc., 2012 WL 727271, W.D.Wash., March 06, 2012 (NO. C10-268Z); Straitshot Communications, Inc. v. Telekenex, Inc., 2011 WL 6013829, W.D.Wash., December 01, 2011 (NO. C10-268Z); Straitshot Communications, Inc. v. Telekenex, Inc., 2011 WL 2144238, W.D.Wash., May 27, 2011 (NO. C10-268Z); Straightshot Communications, Inc. v. Telekenex, Inc., 2011 WL 1770930, W.D.Wash., May 09, 2011 (NO. C10-268Z); Straightshot Communications, Inc. v. Telekenex, Inc., 2011 WL 1770935, RICO Bus.Disp.Guide 12,046, W.D.Wash., May 09, 2011 (NO. C10-268Z); Straightshot Communications, Inc. v. Telekenex, Inc., 2011 WL 813598, W.D.Wash., March 01, 2011; Straightshot Communications Inc. v. Telekenex, Inc., 2010 WL 4793538, W.D.Wash., November 19, 2010 (NO. C10-268Z).

Symantec Corp. in a breach of contract case. Core/SD Representative Fund, LLC v. Symantec Corp., No. 1:10-cv-00217-EGS (D.D.C.).

A major furniture store in a dispute over a commercial lease.

A guarantor in a dispute arising from a mortgage default.

A board member of a home healthcare and hospice company and trustee of a related trust in a jury trial involving breach of contract and fiduciary duty claims.  DeCesare v. DeCesare, et al., CL-2013-11180 (Va. Cir.).