Recent Results

IBS Enterprise, LLC v. Clark Holdings, Inc. - defended against breach of contract, copyright infringement, and conversion claims seeking over $1 million in damages under a software license and services agreement, and successfully prosecuted counterclaims demonstrating that our client was fraudulently induced into entering the agreement, allowing our client to recover all amounts it paid under the agreement, plus interest and attorneys' fees. (American Arbitration Association, California, 2014-15).

AAA Arbitration (Parties Confidential) - successfully represented automotive software development company in a multi-faceted litigation, including an arbitration hearing, resulting in a ruling that our client could terminate a long-standing and unfavorable contractual relationship with its distribution network. (American Arbitration Association, Pennsylvania 2013).

Powlus v. Hanover Direct, Inc. - defended against multi-million dollar copyright infringement claims by convincing a jury during the liability phase of the trial that our clients did not agree to an oral condition precedent to a license agreement to use photographs. (Federal District Court, Southern District of New York 2012)

Class Action Attorneys' Fees - Fairness Objections - appeared on behalf of groups of shareholders in six separate class action suits for two primary reasons: (1) to ensure that the class had an adequate opportunity to review the fee applications prior to submission to the court; and (2) to scrutinize any disparate fees outlined in those applications. (Multiple Jurisdictions, 2008-2011).

Atlantech Incorporated v. American Panel Corp. - survived two motions to dismiss on personal jurisdiction grounds and won on partial summary judgment in this contract action, earning an award of specific performance, whereby the Court ordered the opposing party to turn over valuable intellectual property to our client Atlantech Incorporated. (Federal District Court, Massachusetts, 2011).

iRacing v. Robinson - awarded injunction against software infringer, succeeded at the motion to dismiss stage, and granted two partial summary judgments in copyright infringement case. Later succeeded at trial in procuring judgment on all counts, including copyright infringement, violation of the Digital Millennium Copyright Act, and breach of contract. (Federal District Court, Massachusetts, 2009).

In re Sapient Corp. Derivative Litigation - successfully stayed discovery during pending motion to dismiss, and ultimately had this derivative action against our client dismissed on the grounds that the plaintiff shareholders failed to make a pre-suit demand. (Massachusetts Superior Court, 2007).

Keene Systems, Inc. v. iRacing - succeeded at procuring judgment on breach of contract action after full arbitration trial and appeal. (American Arbitration Association, 2007).

Boston Beer Insurance Litigation - led nation in successfully defeating motions for summary judgment in nationwide insurance defense cases. (Massachusetts Superior Court, 2007).

In-Fusio v. Microsoft - negotiated a stipulated temporary restraining order that led to quick resolution of software licensing dispute. (Federal District Court, Western District of Washington, 2007).

Other Notable Wins

Riverdeep v. Compact Media - granted temporary restraining order in software licensing case, ultimately leading to successful settlement. (Federal District Court, Northern District of California, 2005).

Beamscope Canada v. Mattel - succeeded at trial in defending multi-million dollar breach of contract case and ultimately had case against codefendants dismissed. (Federal District Court, Central District of California, 2004).

Savor v. Upromise - earned summary judgment for all claims in defending trade secret misappropriation action in Delaware Superior Court, later affirmed on appeal. (Delaware Supreme Court, 2004).