CONTRACT ACTIONS
At Atherton Galardi, we represent corporations, partnerships, LLC’s, and individuals in a wide range of contract-related claims, including the following:
- Shareholder and Partnership Agreement Disputes
- Stock Purchase and Asset Purchase Disputes
- Licensing Agreement Actions
- Financing and Loan Agreement Claims
- Employment and Severance Contract Actions
- Noncompete Agreement Claims
- Commercial Lease Claims
- Software Licensing Litigation
- Insurance Coverage Disputes
- Vendor, Customer, and Other Commercial Contracts
As many contract claims implicate one or more of Atherton Galardi’s other core practices, such as business litigation, employment claims, or electronic discovery, we leverage our collective experience to effectively and vigorously represent our clients in contract disputes.
CONTRACT ACTION EXPERIENCE
Prosecuted claims on behalf of a national client to prevent a competitor from closing of an operational merger and acquiring a certain target entity based on our client’s right of first refusal to purchase the target entity’s assets. The competitor offered the target entity $28,000,000, in addition to a recapitalization of an additional $25,000,000 to $50,000,000 of one of the target entity’s affiliates, as consideration for the merger.
Prosecuted complex contract and Uniform Commercial Code claims arising out of an exclusive distribution agreement against an international agriculture company and its affiliates. See Walinbay S.A. v. Fresh Results, LLC, 2014 WL 1267170 (S.D. Fla. Feb. 26, 2014); Walinbay S.A. v. Fresh Results, LLC, 2014 WL 1259780 (S.D. Fla. Feb. 19, 2014); Walinbay S.A. v. Fresh Results, LLC et al, 2014 WL 1259901 (S.D. Fla. Feb. 19, 2014).
Trial counsel for seller in a stock purchase transaction dispute resulting in an $867,854 damage award for seller (exclusive of fees and costs).
Represented publicly registered alternative fuel company in connection with an action to enforce a $30,000,000 membership unit repurchase agreement. See Retterath v. Homeland Energy Solutions, LLC et al, 2014 WL 7776705 (S.D. Iowa Dec. 24, 2014); Retterath v. Homeland Energy Solutions, LLC, — F.Supp.3d —-, 2014 WL 7776503 (S.D. Iowa 2014); Retterath v. Homeland Energy Solutions, LLC, 2014 WL 1515522 (S.D. Fla. Apr. 17, 2014).
Represented oral surgery practice in connection with breach of partnership agreement claims, noncompete agreement disputes, and the subsequent partnership reorganization transaction which resulted in the spin-off of certain surgery practices.
Defended software licensing company against lost profit and other consequential damage claims asserted by licensee in arbitration, and obtained order denying the licensee’s simultaneous request for injunctive relief in a related federal litigation.
Represented international video game and entertainment company in litigation and subsequent final arbitration hearing involving dispute over liability for flood damage and other defects to the company’s Los Angeles headquarters under its commercial lease agreement.