Contract Disputes

A large portion of the Firm's litigation experience involves contract disputes, in a diverse range of business contexts, including the banking industry, real estate transactions, commercial disputes, and securities and investment disputes. We also have experience in transactional solutions to litigation, and we have the expertise to formulate advantageous business solutions to contract litigation disputes.

While it is impossible to describe all of the contract disputes handled by the Firm over the years, the following are examples of contract dispute matters litigated by the Firm:

• The Firm represented a national banking association in defense of a national class action brought by numerous beneficiaries and payees of personal injury structured settlements alleging numerous contractual claims against various financial institutions, among other defendants. Plaintiffs sought hundreds of millions of dollars in damages based on, among other things, purported breaches of the controlling agreements that allegedly caused waste and diversion by various trustors, trustees and investment advisors of the proceeds of the structured settlement trusts.
• The Firm represented a national provider of cellular telecommunications services in a multi-million dollar breach of contract claim. Plaintiff contended that, under the contract, it was entitled to purchase, at wholesale prices, certain cellular telecommunications services, such as blocks of telephone numbers and cellular air time, that plaintiff intended to resell to the public at retail prices. Plaintiff alleged that it lost millions of dollars when the Firm's client purportedly breached the contract. The Firm obtained a summary judgment, completely disposing of the case, on behalf of its client.
• The Firm currently represents a San Diego governmental agency in the prosecution and defense of various contract-related claims against a former tenant relating to the former tenant's obligation to clean up contamination at the site formerly occupied by the tenant and some surrounding areas. The amount in dispute is several million dollars.
• The Firm represented a technology company in the prosecution and defense of various contract-related claims in connection with the development, manufacture, and delivery of an air traffic control system for the Canadian government. The complicated case involved highly technical substantive information, complex interrelated companies and subsidiaries, and some litigation in Canadian courts. In the end, the Firm obtained a multi-million dollar settlement in favor of our client.
• The Firm represented a major commercial real estate broker in breach of contract claims over one of the broker's client's failure to pay a multi-million dollar commission.
• The Firm represented a start up company that had developed technology to locate mobile telephones for use by cellular telephone carriers and local governments to comply with a Federal Communications Commission ("FCC") mandate that the cellular carriers and local governments implement systems to locate 911 callers using mobile phones.  The client contracted with a large defense contractor to complete engineering and to manufacture its product.  The client was unable to successfully launch its product and associated services due to contractor's failure to complete the work.  After a two-week arbitration before a three-panel arbitrator, an award was entered in favor of our client.
• The Firm represented an accounting firm in an action by one of its former shareholders over that shareholder's buy-out rights.