He regularly represents employers / plan sponsors, plan administrators and insurers in ERISA and
fiduciary litigation involving health and welfare benefits, retirement benefits and compensation plans defending claims brought by individual participants or beneficiaries.
Not exact matches
Sheppard Mullin's Private Wealth and
Fiduciary Litigation team includes some of the most successful trial attorneys in the country in disputes over private wealth, most notably
involving trusts, decedents» estates and conservatorships or adult guardianships.
In the trust and estate
litigation arena, he represents corporate trustees, individual trustees, personal representatives, and beneficiaries in disputes
involving breaches of
fiduciary duty, dissipation of trust or estate assets, and claims of lack of testamentary capacity, undue influence and fraud.
Our commercial
litigation practice includes, but is not limited to, lawsuits
involving Breach of Contract; Breach of the Covenant of Good Faith and Fair Dealing; Breach of
Fiduciary Duty; Negligence; Fraud; Common Counts; Declaratory Relief; Specific Performance; Unfair Business Practices and partnership disputes.
Fiduciary litigation concerns disputes
involving trusts and estates.
His trust and estate
litigation practice includes representing corporate trustees, individual trustees, personal representatives and beneficiaries in disputes
involving breaches of
fiduciary duty, dissipation of trust or estate assets, and claims of lack of testamentary capacity, undue influence and fraud.
During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States
involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of
fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling,
litigation, and arbitration, international
litigation and arbitration, antitrust
litigation and arbitration, products liability
litigation, environmental and toxic tort
litigation, and securities fraud.
Michael Muse - Fisher represents public and private companies in a variety of state, federal and administrative cases
involving contract disputes, commercial
litigation, licensing and intellectual property matters, eminent domain / inverse condemnation, government tort liability, breach of
fiduciary duty, as well as land - related torts.
Representation of minority shareholders in home healthcare franchising companies in various state court
litigation involving breach of
fiduciary duty, breach of a shareholders» agreement, fraud and other tort claims, including successfully prosecuting charges for violation of court orders freezing millions of corporate funds, resulting in a civil contempt judgment that included a jail sentence.
Representation of small and mid-sized Arizona companies in
litigation involving claims of fraud, securities fraud, breach of contract, breach of
fiduciary duty, and employment disputes.
He has experience in a variety of
litigation matters, including actions
involving the
fiduciary duties of directors, officers, and controlling stockholders, mergers and acquisitions
litigation, securities fraud
litigation and other corporate governance disputes.
He is an ardent litigator, serving as lead counsel in numerous civil jury trials
involving medical - malpractice, contract disputes, defamation and related business torts, shareholder disputes (e.g., tortious interference with business relationship, trade secret, and non-compete violations), shareholder and LLC disputes and their
fiduciary obligations, real - estate
litigation, construction
litigation, and creditors rights» issues and related bankruptcy and receivership issues.
The most frequent breach of
fiduciary duty
litigation involves a partner, officer, or trusted advisor's self - dealing.
She has represented corporations, executives, and other individuals in government and internal investigations, criminal proceedings, and civil
litigation involving allegations of securities and accounting fraud, antitrust violations, and breach of
fiduciary duty.
Peter has handled well in excess of 1000 securities
litigation matters
involving claims for violation of federal and state securities laws, breach of
fiduciary duty, fraud, unauthorized trading, unsuitability, elder abuse and related claims.
His business
litigation work includes trying cases
involving intellectual property disputes, breaches of contract and
fiduciary duties, business torts, corporate espionage, defamation, whistleblowing and qui tam actions and securities fraud.
He manages all aspects of
litigation and consistently obtains favorable outcomes, from early dismissals and resolutions to verdicts, for clients in business
litigation disputes
involving breach of contract and
fiduciary duties, restrictive covenants, business dissolutions, partnerships and joint ventures, derivative corporate claims, note defaults and workouts, and intellectual property.
Our employment lawyers manage all forms of employment - related
litigation, including cases
involving ERISA
fiduciary duties, executive termination, employment discrimination, employee fraud and unpaid compensation.
Michelle R. Rack brings her considerable
litigation experience to the Firm to serve clients
involved in disputes arising in the context of contested wills and trusts and breaches of
fiduciary duty requiring the judicial removal of executors and trustees, as well as conservators and attorneys - in - fact engaging in financial exploitation of vulnerable seniors.
Peter D. Coffman (Business
Litigation)-- Coffman, a partner and trial lawyer, represents corporations and individuals in disputes
involving business torts, commercial contracts,
fiduciary obligations and creditors» rights.
Manages a docket of civil
litigation matters
involving claims of breaches of
fiduciary duty, fraud, misrepresentations, DTPA violations, and negligence
involving prominent real estate brokers and agents
He represents clients in complex civil and commercial
litigation, including extensive experience in securities
litigation, product liability
litigation, bankruptcy - related disputes, contract disputes, and disputes
involving breaches of
fiduciary duties by directors, officers, shareholders and partners.
She also draws on her background in commercial
litigation to represent employers in cases that
involve employee theft of trade secrets, non-compete agreements, defamation, fraud, business interference and violations of the
fiduciary duties owed by an employee to his / her employer.
Acted as lead trial counsel in a successful jury trial in the Business
Litigation Session between shareholders of a close corporation
involving claims of breach of
fiduciary duty, shareholder status, and wrongful termination.
He focuses on complex commercial
litigation, particularly contract actions, fraud, breach of
fiduciary duties and other business torts, intra-company disputes and business divorce claims
involving partnerships and LLCs, employment claims, and derivative and class action claims.
Jim has been lead counsel in a wide variety of complex civil
litigation, including cases
involving breach of contract, fraud, breach of
fiduciary duty, tortious interference, conspiracy, anti-trust, deceptive trade, insurance code violations, partnership disputes, corporate governance / ownership disputes, breach of express and implied warranty / covenants, RICO, sexual harassment, constitutional claims, assault, battery, libel, slander, trespass, nuisance, product defect and negligence.
Faisel's experience of business
litigation includes high value contractual disputes, directors» personal liability,
fiduciary obligations of directors, cases
involving illegality, actions against receivers, actions against
fiduciaries / agents and cases
involving consideration of Quistclose trusts.
Ladd has extensive experience prosecuting and defending complex business
litigation matters, including disputes
involving claims for breach of contract, business fraud, violations of
fiduciary duties, breach of non-compete covenants, theft of trade secrets and business defamation.
When representing clients
involved in Arizona probate and estate
litigation, whether
fiduciaries or beneficiaries, we seek a prompt resolution to disputes.
Mark has recently been
involved in ERISA
litigation matters
involving retiree medical plans, obligations of an employer under a deferred compensation arrangement, claims for pension, health and welfare benefits, obligations of
fiduciaries under a 401 (k) plan
involving employer securities and what constitutes an ERISA plan.
Represented corporate defendant in direct and derivative
litigation involving claims of breach of
fiduciary duty arising out of contest for control.
We represent the full spectrum of organizations
involved with ERISA disputes, including employers, other types of plan sponsors, insurers and alleged
fiduciaries, in a large range of ERISA
litigation matters.
(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of
fiduciary duty for engaging doctors to serve as expert witnesses in mass tort
litigation also
involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.