Experience by Subject Matter


BC_Quote_bysubject_web EXPERIENCE BY SUBJECT MATTER

(Click on each subject to view our relevant experience.)


Appeals
Our experience includes successful resolution of:

  • Multiple cases in the United States Court of Appeals for the Fourth Circuit, the Supreme Court of Virginia, the Maryland Court of Appeals, and the D.C. Court of Appeals, involving disputes between banks, other financial lenders, customers, and borrowers, involving allegations of breach of contract, violation of various federal banking statutes and regulations, unfair trade practices, fraud, and other business torts;
  • An employment-discrimination case in the United States Court of Appeals for the D.C. Circuit, which had been in litigation for over 15 years, involving multiple mediations with the government-employee plaintiff and multiple government agencies;
  • A “whistleblower” case in the United States Court of Appeals for the Fourth Circuit between a global drug manufacturing company and its former employee;
  • A complex business case in the United States Court of Appeals for the Third Circuit and the Delaware Supreme Court arising out of a construction equipment distributorship agreement and involving interpretation of state dealership statute and its constitutionality under the Takings and Due Process Clauses of the U.S. and Delaware Constitutions;
  • A case in the Supreme Court of Virginia between a state university, its professors, and a major multinational mass media and information firm involving claims of breach of contract, copyright violations, misappropriation of trade secrets and other intellectual-property torts arising out of a long-term software-licensing agreement;
  • A case in the United States Court of Appeal for the Fourth Circuit between two closely held radio broadcasting companies arising out of the sale of a radio station, involving claims for breach of contract, various business torts, and statutory, regulatory, constitutional, and preemption challenges to contract enforcement;
  • A complex commercial case in the United States Court of Appeals for the Fourth Circuit between a software development company and its former officer, arising out of the officer’s employment with a full-service, end-to-end provider of radiology software and service that had purchased all rights to medical-billing software developed by the plaintiff company and alleging breach of contract, breach of fiduciary duty, misappropriation of trade secrets, and other business torts; and
  • A case in the Maryland Court of Special Appeals between a law firm and its former client involving questions of British law and the enforcement of international judgments in Maryland state courts.

Our appellate experience also includes:

  • Filing an amicus brief in the U.S. Supreme Court in Arthur Andersen LLP v. Carlisle, analyzing the Federal Arbitration Act (“FAA”), and advocating the position ultimately adopted by the Court that a litigant who was not a party to an arbitration agreement may invoke §3 of the FAA (entitling litigants to stay an action referable to arbitration) if state law allows the nonsignatory to enforce the agreement; and
  • Multiple patent cases in the United States Court of Appeals for the Federal Circuit.

^back to top


Business, Environmental & Employment Torts
Our work has included successfully resolving:

  • A complicated dispute among a large law firm, its former client, a lawyer-inventor, and an Intellectual Property company involving claims of fraud, breach of fiduciary duty and various business torts in the valuation and licensing of a patent portfolio with a claimed value exceeding 100 million dollars;
  • Hundreds of disputes between banks, credit card companies, and other financial lenders and their customers and borrowers, involving alleged breach of contract, violation of various federal banking statutes and regulations, unfair trade practices, fraud, and other business torts;
  • Multiple employee-mass-exodus cases, each involving millions of dollars in claimed damages for breach of contract, misappropriation of trade secrets, fraud, and other business torts, after employees and officers of one company departed en mass to work for a competitor or to set up their own competing company;
  • Tort and contract disputes among a doctor, his former partners in a professional practice group, and a hospital related to the transfer of his practice;
  • A multi-million dispute among a two information-technology corporations and a non-profit scientific and educational organization involving claims of breach of contract, trade-secret misappropriation, copyright violations, fraud, and other business torts, arising out contracts to digitize, assemble, migrate, add functionality and host internet-searchable database of video assets;
  • A highly contentious environmental dispute involving over 100 plaintiffs’ claims for bodily injury, wrongful death and property damage totaling over 100 million dollars, allegedly resulting from contamination of groundwater;
  • A complex claim in excess of $500 million for environmental property damage, brought by a commercial current landowner against a manufacturing company prior owner, involving multiple mediations between the current landowner and manufacturer, and separate mediations between the manufacturer and two of its major comprehensive general liability insurers;
  • Business tort and contract claims exceeding 30 million Euros between a major European airline against a U.S.-based IT company arising out the airline’s termination of a design-build contract to develop and implement the airline’s customer-loyalty program;
  • Litigated claims exceeding 100 million dollars by a major corporation against many of its comprehensive general liability insurers for coverage of legacy environmental liabilities at over 80 environmental sites in the U.S. and abroad;
  • The claims of one of two plaintiffs in a contribution action to recover environmental cleanup costs, in which the defendant (“potentially responsible party”) was the United States government in its alleged capacity as a former owner/operator of a manufacturing facility, and which involved significant issues of statutory construction of CERCLA (the federal “Superfund” law);
  • An employment-discrimination dispute that had been in litigation for over 15 years, involving multiple mediations with the government-employee plaintiff and multiple government agencies;
  • A complex commercial dispute between a software development company and its former officer, arising out of the officer’s employment with a full-service, end-to-end provider of radiology software and services that had purchased all rights to medical-billing software developed by the plaintiff company and alleging breach of contract, breach of fiduciary duty, misappropriation of trade secrets, and other business torts;
  • Several “whistleblower” cases, including through hybrid mediation-arbitration, between former government employees and large government contractors and between former employees and major global drug manufacturing companies; and
  • Multiple separate disputes between and among students, faculty, and Universities, involving claims of student misconduct, breach of fiduciary duties, breach of contract and various other torts.

^back to top


Business Restructuring, Joint Ventures & Corporate Transactions
Our experience includes successful resolution of:

  • Complex issues and claims arising within a joint venture among a global IT company and four U.K.-based global banks, valued at hundreds of millions dollars by restructuring, rather than terminating, the JV;
  • The facilitation of the continuing relationship among the former CEO of company that sold its patent portfolio and a successor intellectual-property firm and its principals who purchased the portfolio, where the parties, formerly adversaries in bitter litigation, formed the relationship as part of the litigation settlement;
  • A complicated $100 million dispute among a corporation that sold its assets to a closely-held successor company, its CEO, the successor company, a large law firm, and other individual officers and lawyers, involving claims of fraud, breach of fiduciary duty and various other business torts regarding the value of the corporate assets; and
  • A complex indemnification claim by a major Medicaid fiscal agent against its corporate predecessor (a large Information Technology firm), arising from the predecessor’s development and implemention of a state government’s Medicaid Management Information System.

^back to top


Construction, Franchise, Distributorship & Supply Contracts
Our work includes successful resolution of:

  • A complex business dispute arising out of a construction equipment distributorship agreement and involving interpretation of state dealership statute and its constitutionality under the Takings and Due Process Clauses of the U.S. and state constitutions; and
  • Conflicts between a major University and a large, U.S.-based construction company regarding performance of a contract to build the University’s new artificial-turf athletic field.

^back to top


Financial Institutions
Our experience involving financial institutions includes the successful resolution of:

  • Complex issues and claims arising within a joint venture among a global IT company and four U.K.-based global banks, valued at hundreds of millions dollars by restructuring, rather than terminating, the JV;
  • Hundreds of cases between banks, credit card companies, and other financial lenders and their customers and borrowers, involving breach of contract, violation of various federal banking statutes and regulations, unfair trade practices, fraud, and other business torts; and
  • Multiple claims exceeding 20 million British pounds between a global, U.S.-based IT company and its U.K.-based, insurance-company customer related to the performance of a complex systems-integration project.

^back to top


Healthcare
In the healthcare area, we have helped to resolve:

  • Tort and contract disputes among a doctor, his former partners in a professional practice group, and a hospital related to the transfer of his practice;
  • A complex commercial dispute between a software development company that sold its medical-billing software to a full-service, end-to-end provider of radiology software and services and its former officer who resigned to work for the radiology provider, involving claims of breach of contract, breach of fiduciary duty, misappropriation of trade secrets, and other business torts; and
  • A complex indemnification claim by a major Medicaid fiscal agent against its corporate predecessor (a large Information Technology firm), arising from the predecessor’s development and implementation of a state government’s Medicaid Management Information System.

^back to top


Higher Education
Our experience with insitutions of higher learning includes successful resolution of:

  • Multiple separate disputes between students, faculty, and Universities, involving claims of student misconduct, breach of fiduciary duties, breach of contract and various other torts;
  • Conflicts between a major University and a large, U.S.-based construction company regarding performance of a contract to build the University’s new artificial-turf athletic field; and
  • A dispute between a state university, its professors, and a major multinational mass media and information firm involving claims of breach of contract, copyright violations, misappropriation of trade secrets and other intellectual-property torts arising out of a long-term software-licensing agreement.

^back to top


Information Technology (“IT”)
In the IT area, our experience includes success resolving:

  • Complex issues and claims arising within a joint venture among a global IT company and four U.K.-based global banks, valued at hundreds of millions dollars by restructuring, rather than terminating, the JV;
  • Multiple claims exceeding 20 million British pounds between a global, U.S.-based IT company and its U.K.-based, insurance-company customer related to the performance of a complex systems-integration project;
  • Claims exceeding 30 million Euros between a major European airline against a U.S.-based IT company arising out the airline’s termination of a design-build contract to develop and implement the airline’s customer-loyalty program;
  • A dispute between a state university, its professors, and a major multinational mass media and information firm involving claims of breach of contract, copyright violations, misappropriation of trade secrets and other intellectual-property torts arising out of a long-term software-licensing agreement;
  • A multi-million dispute among a two information-technology corporations and a non-profit scientific and educational organization involving claims of  breach of contract, trade-secret misappropriation, copyright violations, fraud, and other business torts, arising out contracts to digitize, assemble, migrate, add functionality and host internet-searchable database of video assets; and
  • A complex commercial dispute between a software development company that sold its medical-billing software to a full-service, end-to-end provider of radiology software and service and its former officer who resigned to work for the radiology provider, involving differences in interpretation of the Software Purchase Agreement and claims of breach of contract, breach of fiduciary duty, misappropriation of trade secrets, and other business torts.

^back to top 


Insurance Coverage
Our experience includes the successful resolution of:

  • Litigated claims exceeding 100 million dollars by a major corporation against many of its comprehensive general liability insurers for coverage of legacy environmental liabilities at over 80 environmental sites in the U.S. and abroad; and
  • A commercial landowner’s complex $500-million-plus environmentalproperty damage claim against a prior manufacturing-company owner, involving multiple mediations between the plaintiff and the manufacturing company, and separate mediations between the manufacturer and two of its major comprehensive general liability insurers.

^back to top 


Intellectual Property (“IP”)
Our IP experience includes success resolving:

  • A complicated dispute among a large law firm, its former client, a lawyer-inventor, and an Intellectual Property company involving claims of fraud, breach of fiduciary duty and various business torts in the valuation and licensing of a patent portfolio with a claimed value exceeding 100 million dollars;
  • The continuing relationship among the former CEO of company that sold its patent portfolio and a successor intellectual-property firm and its principals who purchased the portfolio, where the parties, formerly adversaries in bitter litigation, formed the relationship as part of the litigation settlement;
  • Multiple patent disputes between an intellectual-property company, inventors, and over 50 technology companies, including many Fortune 50 companies, resulting in the implementation of a comprehensive patent-licensing program;
  • A dispute between a state university, its professors, and a major multinational mass media and information firm involving claims of breach of contract, copyright violations, misappropriation of trade secrets and other intellectual-property torts arising out of a long-term software-licensing agreement;
  • A multi-million dispute among a two information-technology corporations and a non-profit scientific and educational organization involving claims of breach of contract, trade-secret misappropriation, copyright violations, fraud, and other business torts, arising out contracts to digitize, assemble, migrate, add functionality and host internet-searchable database of video assets;
  • Multiple employee mass exodus cases, each involving millions of dollars in damages claimed for breach of contract, misappropriation of trade secrets, fraud, and other business torts, after employees and officers of one company depart en mass to work for a competitor or to set up their own competing company; and
  • A complex commercial dispute between a software development company that sold its medical-billing software to a full-service, end-to-end provider of radiology software and service and its former officer who resigned to work for the radiology provider, involving claims of breach of contract, breach of fiduciary duty, misappropriation of trade secrets, and other business torts.

^back to top


Non-Profit Member Organizations
Our experience includes:

  • Successful facilitation of a succession-planning conflict among hundreds of sharply divided stakeholders in a large religious organization upon the retirement of the organization’s long-time spiritual leader;
  • Successful resolution of a multi-million dispute among a non-profit scientific and educational organization and two information-technology corporations, involving claims of breach of contract, trade-secret misappropriation, copyright violations, fraud, and other business torts, arising out contracts to digitize, assemble, migrate, add functionality and host internet-searchable database of non-profit organization’s video assets; and
  • Successful resolution of non-profit organization’s challenge to agency regulations, involving claims of violations of the Administrative Procedure Act, the governing statute, and the Due Process and Takings Clause of the U.S. Constitution.

^back to top


Professional Practices and Family & Closely Held Businesses
Our experience includes the successful resolution of:

  • Tort and contract disputes among a doctor, his former partners in a professional practice group, and a hospital related to the transfer of his practice;
  • A complicated $100 million dispute among a corporation that sold its assets to closely held successor company, its CEO, the successor company, a large law firm, and individual members and officers of the closely held successor company, involving claims of fraud, breach of fiduciary duty and various other business torts; and
  • A dispute between two closely held radio broadcasting companies arising out of the sale of a radio station, involving claims for breach of contract, various business torts, and statutory, regulatory, constitutional, and preemption challenges to contract enforcement

^back to top


Statutory Construction/Constitutional Law
Our experience includes the successful resolution of:

  • A complex business dispute arising out of a construction equipment distributorship agreement and involving interpretation of state dealership statute and its constitutionality under the Takings and Due Process Clauses of the U.S. and state constitutions;
  • Multiple disputes between banks, credit card companies, and other financial lenders and their customers and borrowers, involving breach of contract, violation of various federal banking statutes and regulations, unfair trade practices, fraud, and other business tort;
  • A dispute between two closely held radio broadcasting companies arising out of the sale of a radio station, involving claims for breach of contract, various business torts, and statutory, regulatory, constitutional, and preemption challenges to contract enforcement;
  • A non-profit organization’s challenge to agency regulations, involving claims of violations of the Administrative Procedure Act, the governing statute, and the Due Process and Takings Clause of the U.S. Constitution;
  • The claims of one of two plaintiffs in a contribution action to recover environmental cleanup costs, in which the defendant (“potentially responsible party”) was the United States government in its alleged capacity as a former owner/operator of a manufacturing facility, and which involved significant issues of statutory construction of CERCLA (the federal “Superfund” law); and
  • Filing an amicus brief in the U.S. Supreme Court in Arthur Andersen LLP v. Carlisle, analyzing the Federal Arbitration Act (“FAA”), and advocating the position ultimately adopted by the Court that a litigant who was not a party to an arbitration agreement may invoke §3 of the FAA (entitling litigants to stay an action referable to arbitration) if state law allows the nonsignatory to enforce the agreement.

^back to top


arrow_icon_square_40xContact Us for more information or to schedule a consultation.
Download our brochure (PDF).