Business Litigation & Dispute Resolution

Earned summary judgment in favor of seller of high-end real estate involved in dispute over default of a purchase and sales agreement. Though the buyer contended he was still entitled to purchase the property in addition to receiving monetary damages for the default, we successfully argued that our client’s fulfillment of the monetary damages stipulated in the contract completed his obligations.

In Rhode Island Supreme Court, we successfully defended a municipality from a plaintiff attacking the town’s approval of a development plan and subsequent federal court settlement. The plaintiff sought to overturn the federal consent order in state court which settled matters between the town and the developer, allowing the project to move forward. The Supreme Court upheld the town’s position that the plaintiff lacked the required standing to challenge the agreement and found the plaintiff’s effort to be an improper collateral attack on the federal court order.

Successfully defended an appeal of the decision of a zoning board of a Rhode Island community in superior court in which the court affirmed the board’s denial of a use variance application because the record demonstrated that the denial did not deprive the applicant of all beneficial use of its property.

Obtained favorable pre-hearing arbitration ruling on behalf of an operator of entertainment websites over the applicable substantive law governing the plaintiff’s use of one of our client’s websites. The arbitrator ruled that the Oregon choice of law provision stated within the site’s Terms of Use should apply, keeping our client from incurring significant monetary penalties under California’s Invasion of Privacy Act ($5,000 per website visit) based on plaintiff’s alleged numerous visits to the client’s website.

Earned significant victory on behalf of directors and officers of a national solar company being sued by a supplier for a treble damages award. We identified a defect in plaintiff’s complaint that precluded it from obtaining relief under the statute it had built its case on. By our continual advocacy of this position, including on a motion for summary disposition, plaintiff ultimately accepted a low figure in settlement of its claims.

Obtained six-figure arbitration settlement that included treble damages on behalf of client whose home construction contractor engaged in breach of contract and warranty, and also violated the Tennessee Consumer Protection Act by not being licensed to perform the scope of work.

Successfully obtained a favorable pre-hearing ruling in arbitration on behalf of a digital publisher following motion practice over the applicable substantive law. The arbitrator’s decision to enforce this choice of law provision, and apply New York rather than California substantive law, allowed our client to avoid significant monetary penalties under California’s Invasion of Privacy Act ($5,000 per website visit) based on plaintiff’s alleged numerous visits to the client’s website.

Procured eight-figure trial verdict in favor of the plaintiff in complex litigation matter involving misappropriation of trade secrets in Broward County Circuit Court.

Prevailed on motion for summary judgement related to complex fiduciary issues involving beneficiaries of a Florida will and several out-of-state and foreign trusts.

Prevailed on motions for summary judgment against trustee for breach of fiduciary duty and mismanagement on behalf of a class of beneficiaries of a sizable trust established for their benefit as minors. More than 30 depositions were taken as part of the case.

Active member of trial team representing plaintiffs in an eight-figure million undue influence matter, reportedly the longest jury trial in western North Carolina history.

Obtained multimillion settlement in complex litigation matter alleging fraud and breach of fiduciary duty claims related to a significant banking relationship.

DE’s litigation and corporate transactional teams collaborated in representing a frozen-out shareholder of a renewable energy business. Following our initial demand regarding our client’s freeze-out from management, we negotiated a seven-figure buyout of our client’s ownership interest that prevented protracted and expensive litigation and allowed our client to separate from his business partners on favorable terms.

Successful client representation in numerous contract, business, shareholder and partnership disputes involving financial institutions; insurance agencies; real estate and investment companies; construction trades; product manufacturers; and, technology companies.

Obtained multi-million dollar judgment on behalf of 4 plaintiffs in federal case involving fraudulent investment solicitation and violations of the RICO Act.

Obtained consent agreement, compensatory damages and attorney’s fees, for plaintiff healthcare technology provider in computer source code federal copyright action.

Lead counsel appearing before the Federal Circuit Court of Appeals representing biotech company in a patent dispute involving p63 technology used to diagnose prostate cancer.

Obtained permanent injunction on behalf of robotics company against competitor in federal copyright action securing proprietary technology solutions, software codes and numerous government research proposals.

**For a greater look at Douglas Otto’s cases and representative matters, click here.

Achieved dismissal of 13 actions pending in various federal courts against our client, the CEO of a former national company with over 2,000 employees. Through successful motion practice, the disgruntled customers’ claims of corporate officer liability were dismissed, resulting in the claims for punitive damages, consumer protection violations, and civil conspiracy being dismissed.

Successfully negotiated a six-figure settlement from a landlord’s insurance company for a tenant that fell down improperly maintained stairs.

Obtained a five-figure settlement for our client, a defendant in a breach of contract claim made by a former business partner because the plaintiff misrepresented business assets at the time of the partnership’s formation.

Successfully defended real estate portfolio investor in a Tennessee Department of Environment and Conservation appeal involving alleged release of contaminants on a property and alleged failure to follow the department’s records and reporting protocols.

Pursued claims on behalf of our client against unlicensed building contractor and negotiated six-figure settlement at mediation.

Secured six-figure judgment on behalf of real estate entrepreneur whose tenants engaged in significant vandalism.

Secured five-figure reimbursement for food service entrepreneur whose vehicle vendor failed to supply our client with a customized food truck for her business. The payment followed our pre-suit demand letter that saved our client significant litigation fees.

Obtained a favorable judgment on a motion to dismiss pertaining to a corporate officer liability claim against our client. We successfully argued that the complaint failed to support the claim.

Obtained five-figure arbitration judgment on behalf of client who sustained significant injuries in a motor vehicle accident.

Obtained summary judgement on behalf of drug-testing company and corporate officers against claims of anti-competitive behavior and unfair competition.

Successful prosecution and defense of numerous patent, trademark and copyright infringement actions. Client representation includes litigation of licensing disputes.

Successful defense of numerous creditors across multiple jurisdictions in bankruptcy adversary proceedings for avoidance of preferential and fraudulent transfers and conveyances, including representation in some of the nation’s largest bankruptcy proceedings, such as WorldCom; Allegiance Telecom; XO Communications; MicroAge; Enron; Global Crossing; CIT Group; SonicBlue; A.B. Dick; Gitto Global and Eastman Kodak.

Successful defense of national client companies against product liability claims resulting in fire, injury and death involving consumer and commercial appliances; sporting goods; and heavy machinery.
**For a greater look at Douglas Otto’s cases and representative matters, click here.

Represented minority owner in one of Tennessee’s fastest-growing cannabis companies that was sued by another member of the company following a buyout attempt. We settled the case where our client bought out the other owners and secured a six-figure discount on the purchase price offered before litigation.

Successfully litigated complex construction dispute involving the build-out of a commercial food processing facility on behalf of the project owner, where the general contractor had dissipated project funds and failed to pay subcontractors. DE successfully resolved the lawsuit against the general contractor and obtained dissolution of several mechanic’s liens recorded by project subcontractors.   

Successfully vacated judgment that had been entered against trucking company client on the basis that service was insufficient, resulting in no liability to the client.

Successfully defended a prejudgment transfer request of almost $700,000 in client assets in a federal receivership action. The court agreed that such a transfer would come without due process.

Obtained injunctive relief in Massachusetts Superior Court, resulting in favorable settlement for our client in complex dispute over ownership of a commercial services business.

Successfully obtained the removal of a false and defamatory online news story that was harming client’s business reputation through demand to the news organization. Because of DE’s experience in prosecuting internet defamation matters, the news organization removed the article in question.

The DarrowEverett Litigation team settled a Breach of Lease Agreement without the need for litigation on behalf of a property management client regarding the alleged failure of a large corporate tenant to terminate their lease correctly. The settlement, in the tens of thousands, secured the total renovation costs of the space plus multiple months’ rent. Additionally, our team was also able to overcome counter allegations of breach of contract.

Successfully defended a Declaratory Judgment Complaint filed by a number of health care institutions challenging a regulatory interpretation by the Office of the Health Insurance Commissioner against a Motion to Dismiss.  The Motion to Dismiss was denied and the case was allowed to proceed forward.

Represented a marijuana compassion center in securing what may be the first approval from the Department of Business Regulation on a change of location variance application allowing the compassion center to move to a new location.

Successfully represented a member of a limited liability company in prosecuting a breach of fiduciary duty, conversion, accounting, and judicial dissolution action against the controlling member, resulting in a significant judgment against the controlling member and operating entity.

Represented a borrower in defeating its lender’s prejudgment attachment request in a Massachusetts Superior Court.

Represented an entertainment venue in Superior Court litigation regarding the use of celebrity likenesses by third parties to promote events.

Appealed a decision of a local zoning board to determine the applicability of the administrative finality doctrine.

Filed a Petition with the United States Supreme Court for a Writ of Certiorari regarding the applicability of an arbitration clause and the right to class vs. bilateral arbitration.

Represented property owners in defeating temporary restraining order and preliminary injunction requests.

Represented a digital marketing agency in noncompete, trade secret, and payment of wage litigation.

Successfully defended a large construction company against motions for preliminary injunctions, attachment of bank accounts, and a demand for a reach and apply.

Represented a Southcoast municipality in Superior Court litigation involving the demolition of a housing project and the replication of public housing units.

Prevented the amendment of FLSA complaint in Federal Court attempting to add a principal of a corporation as an individual defendant in an unpaid overtime complaint.

Filed a Motion for Summary Judgement involving the issue of tolling land development permits during the pendency of an appeal.

Represented an employer in defeating payment of wage claims.

Represented a regional service contractor in noncompete and trade secret theft litigation.

Represented a statewide homeowners’ association management company in noncompete litigation.