August 2017
COMPLEX COMMERCIAL LITIGATION STRATEGY – CASE STUDY #5
A TRULY “BET-THE-COMPANY,” KNOCKDOWN, DRAG-OUT STREET FIGHT Strategy: Know where you want to go before you start your journey. Although this case was not our highest dollar value case (under $5 million at issue), in Sanchez v. Readix, et al., Etan Mark, serving as lead counsel, successfully defended a South [...]
COMPLEX COMMERCIAL LITIGATION STRATEGY – CASE STUDY #4
THE LEGAL ABUSE OF PUBLIC STATUTES Strategy: Accept your flaws then no one can use them against you. Or, own your bad facts. It is not illegal to be a gadfly. When Martin O’Boyle, a prominent Gulfstream businessman, was accused of violating the federal racketeering statute, Etan Mark served as [...]
COMPLEX COMMERCIAL LITIGATION STRATEGY – CASE STUDY #3
LOAN LOSS RECOVERY STRATEGY Strategy: A-B-C or Always Be Closing Creative. Admittedly, this representative case is really a summary of dozens of federal cases that Josh Migdal and George Breur have brought on behalf of their clients related to misconduct in a mortgage transaction. While most attorneys representing lenders in [...]
COMPLEX COMMERCIAL LITIGATION STRATEGY CASE STUDY #2
REGAL BELOIT CORP V. DRECOLL / TO COMPETE OR NON-COMPETE Strategy: Relentlessly leverage your opponent’s bad facts. Key executives of our client, a major auto component parts manufacturer, after being actively involved in acquisition negotiations with a target competitor company, left and surreptitiously acquired the target to compete directly with [...]
COMPLEX COMMERCIAL LITIGATION STRATEGY – CASE STUDY #1
EMBEZZLEMENT. MALFEASANCE. NEGLIGENCE. Strategy: Strike quickly and truly. After discovering that a long-time employee of a Palm Beach based privately held company had embezzled an estimated $7.5 million over a 10-year period, Don Hayden assisted in obtaining an emergency freeze order on bank accounts that the employer had fictitiously opened [...]