Complex Commercial Litigation

COMPLEX COMMERCIAL LITIGATION

Kabat Chapman & Ozmer’s attorneys have extensive experience aggressively representing some of the nation’s largest and most successful companies as both plaintiffs and defendants in a wide range of business litigation matters, including large-scale “bet the company” litigation. These cases span numerous industries and virtually every type of dispute. For example, we have successfully litigated cases involving breach of contract, fraud, breach of fiduciary duty, and violation of various federal and state statutes for clients in the pharmaceutical, financial services, telecommunications, chemical, and foodstuffs industries, among many others. KCO’s attorneys have acted as lead counsel in these cases in dozens of state and federal jurisdictions across the country, including jurisdictions in Georgia, Florida, California, Illinois, Ohio, Texas, and New York.

In the majority of the defense-side cases KCO’s attorneys have handled, our attorneys have obtained favorable results through early dispositive motion practice and favorable settlements. We have also resolved the majority of the cases we have handled for our business clients on the plaintiff’s side early on, without the need for trial. However, when necessary, KCO’s attorneys have successfully litigated cases through evidentiary hearings and trial, obtaining results including multimillion dollar jury verdicts and nationwide injunctions against our client’s biggest business competitors. We have also prevailed on numerous appeals in federal and state jurisdictions across the country.

These results have led to a number of our lawyers being recognized as “Super Lawyers®” and “Rising Stars®” in the area of litigation. Our results have also led to us being retained by the nation’s leading companies to act as lead counsel in lawsuits involving a wide array of business disputes.

Representative Matters

  • Obtained $7,000,000 jury verdict in the United States District Court for the Eastern District of Virginia for former majority shareholders of publicly traded company on claims of fraud and breach of contract.
  • Represented Fortune 100 company in connection with its claims of theft of trade secrets and RICO violations. Won multi-million dollar judgment.
  • After prevailing on motion to disqualify opposing counsel and handling significant evidentiary hearing, obtained nationwide preliminary injunctive relief in action between industry-leading competitors, enjoining various types of unfair competition and illegal business practices.
  • Defended leading Internet service provider against Lanham Act, state unfair competition, and tortious interference claims asserted by $20+ billion multibank holding company. In case of first impression, obtained summary judgment dismissing all of plaintiff’s claims pursuant to court’s finding that client was immune from liability pursuant to Communications Decency Act, 47 U.S.C. § 230.
  • Obtained summary judgment in Fortune 50 client’s favor on all counts in lawsuit seeking millions in damages for alleged violations of Department of Housing and Urban Development regulations. After oral argument, U.S. Court of Appeals for the Eleventh Circuit affirmed in a published opinion that contains favorable rulings on multiple issues of first impression.
  • Hired by client facing res judicata issues following former counsel’s loss before North Carolina Court of Appeals. After re-filing action in federal court and obtaining sanctions award against opposing counsel, forced favorable settlement that allowed client to avoid res judicata issue.
  • Defended consumer-product client against breach-of-contract claims filed by client’s supplier. After filing counterclaims against supplier, bringing another party into litigation, and prevailing on all motions filed in the case, obtained favorable settlement for client.
  • In $10,000,000 breach-of-contract action, obtained complete dismissal of all claims with prejudice in federal district court on motion to dismiss. After Plaintiff appealed to U.S. Court of Appeals for the Eleventh Circuit and the parties mediated the appeal, obtained settlement for client that resulted in dismissal of appeal without any payment by client.
  • Represented national telecommunications provider in multiple actions involving misappropriation of trade secrets and employee raiding in courts in Florida, Illinois, Virginia, and Texas. Obtained relief including return of misappropriated information, consent injunctions and attorneys’ fees.
  • Defended safety equipment company in products liability lawsuit involving workplace exposure to allegedly harmful substances.
  • Represented large internet service provider in action for theft of trade secrets by former executive. Obtained injunction in Florida state court within four days of discovery of misappropriation of trade secrets.
  • Represented telecommunications company in pursuing former employee for theft of customer list. Obtained immediate ex parte injunction and subsequent permanent injunction in Florida state court to prevent former employee from further use and disclosure of company’s trade secrets, including customer lists.
  • Represented financial services company in related cases in federal court in New York, state court in California and federal court in Georgia. Obtained summary judgment in favor of client and defeated cross-motion for summary judgment in federal court proceedings in Georgia.