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Complex Litigation
Troutman Sanders' Complex Litigation Practice Group has established its excellent reputation by aggressively, efficiently and successfully representing clients in a wide range of substantive legal areas, including commercial fraud, banking, finance, real estate, contract, securities, antitrust, health care, corporate governance, fiduciary responsibilities, class action lawsuits, intellectual property, RICO, creditors' rights, lender liability, professional liability, business torts, franchise disputes, media and entertainment law, tax, and trusts and estates. In federal and state trial and appellate courts throughout the United States, and before administrative boards, government agencies and alternative dispute tribunals, Troutman Sanders has offered a combination of big firm resources and experienced trial lawyers.
Beyond this broad substantive law experience, Troutman Sanders complex litigators are skilled and equipped with the resources to pursue and achieve successful outcomes for clients in the complex multi-party, multi-issue, multi-jurisdictional cases that are more and more common. Complex litigation matters often require intensive work on several fronts at the same time, under tremendous time pressure. The size, technological sophistication and experience of Troutman Sanders' Complex Litigation Group ensures its ability to meet the needs of any case.
In addition to having the experience and resources necessary to successfully represent clients in matters ranging from multi-district and class action litigation to commercial disputes in state and federal courts, Troutman Sanders litigators understand the business needs of our clients -- an ability developed through the representation of all types of domestic and international business entities, as well as individuals. Our attorneys remain current on changes in the market affecting our clients in order to provdie the most relevant and timely counsel available, including the subprime mortgage crisis.
At Troutman Sanders, we understand the importance of implementing technology in order to provide our clients with the most cost-efficient and effective legal representation possible. For that reason, the firm created its in-house Litigation Technology Department, which, through a staff of experienced and highly trained personnel, provides litigation support services to our lawyers and paralegals including document imaging, document coding, database design and maintenance, computerized trial presentation assistance and ongoing software training.
The Complex Litigation Practice Group's depth of experience and intellectual and technological resources directly benefit our clients. The following are representative engagements that demonstrate some excellent results that members of the Group have achieved.
- Represented a national telecommunications company in class action litigation asserting that 900-number telephone game was fraudulent and deceptive and constituted unlawful gambling, as predicate acts for federal and Georgia RICO claims. The plaintiff settled with one co-defendant and dismissed the other. The trial court then granted the plaintiff's motion for certification of a nationwide class, and Troutman Sanders appealed this certification to the United States District Court for the Eleventh Circuit. The Eleventh Circuit reversed the trial court's certification, ruling that individual issues predominated in the litigation and rejecting the plaintiff's argument that the court could employ a presumption of reliance or damage when the individual class members possessed the evidence regarding these issues.
- Successfully defended a national bank in multi-state, multi-district litigation filed in Georgia by a competitor and individual shareholders arising from an announced merger of the client with another national bank. Troutman Sanders coordinated its efforts with law firms from several states to implement a nationwide business and litigation strategy for the client. Within months, the merger was consummated successfully, and all Georgia litigation was voluntarily dismissed.
- Successfully represented a clothing manufacturer from an attempted hostile takeover by a significant shareholder. Troutman Sanders developed a coordinated business and litigation strategy for the client, including an active proxy fight. The attempted hostile takeover was unsuccessful, and the litigation was voluntarily dismissed.
- Successful defense of healthcare company in hostile takeover action alleging invalidity of various corporate anti-takeover measures and defense of related class action alleging loss in value of shareholders investment.
- Representation of company officer in defense of shareholder action alleging misrepresentations in SEC filings regarding financial reporting and various accounting issues. Case ultimately settled through use of stock rescission.
- Successfully defended a major media and entertainment company in a series of direct and derivative class action suits brought on behalf of client's shareholders alleging claims of fraud, breach of fiduciary duty and self-dealing in connection with $8 billion merger.
- Represented one of the largest banking institutions in the United States in a bankruptcy action seeking to undo a multi-million dollar pre-petition settlement in favor of the bank. In connection with the bankruptcy action, the unsecured creditors simultaneously filed an adversarial claim in bankruptcy court and an 11 count claim in state court seeking in excess of $30 million under federal and state RICO statutes. After an accelerated discovery period, the state court granted the bank's motion for summary judgment, dismissing all 11 counts of the unsecured creditors lawsuit, and upheld the validity of the pre-petition settlement. Concurrently, with the litigation of the state court proceedings, Troutman Sanders obtained an order from the bankruptcy court setting aside several hundred thousand dollars from the debtor's estate to cover the bank's defense costs.
- Representing a multi-state franchisor of bakery-cafes in litigation of franchise and commercial disputes in multiple states, including suits to enforce termination of franchise, enjoin trademark and trade dress infringement, and enforce restrictive covenants, and to defend claims of fraud and franchise disclosure violations.
- Defended the largest lottery vendor in the U.S. in a multi-forum, multi-claim case involving substantial equitable and damage claims and counterclaims against its exclusive instant ticket supplier, which at that time was the largest printer of instant tickets in the U.S. The matter involved an extensive arbitration proceeding in Chicago, a massive lawsuit in Georgia state courts, an extensive auditor proceeding in Georgia, and related, lesser legal disputes and hearings in California, Iowa, and Rhode Island. On behalf of the client, Troutman Sanders won what, at the time, was the largest commercial fraud verdict ever handed down in the State of Georgia plus attorney's fees. More significantly, the Firm secured a declaratory judgment awarding the client the right to terminate a $200 million long term exclusive supply contract.
- Represented one of the world's largest utility holding companies in a federal appellate court case that challenged the client's authority under an SEC order to finance investments in foreign utility companies. The United States Court of Appeals for the Eleventh Circuit denied a preliminary injunction motion that would have enjoined the merger less than a month before it was to be completed, and the transaction was completed on schedule. The Eleventh Circuit again ruled in favor of the client after a briefing and oral argument on the subsequent full appeal.
- Defended the largest telecommunications company in the world, and one of the largest companies in the world, in a consumer RICO class action in which the client had a potential exposure of approximately $1 billion. As a result of one of the most important and oft-cited recent federal appellate court decisions, which reversed the trend of granting class certification in consumer class actions, the client was awarded $50,000 in costs. Prior to the decision, the client's co-defendant - one of its primary competitors - settled out of the case for approximately $60 million.
- Represented regional bank in an action to recover millions of dollars in losses in the residential mortgage market sustained as the result of a fraudulent scheme involving buyers, seller, appraiser, mortgage broker, and closing attorney. Troutman Sanders obtained a summary judgment for the bank, as plaintiff, against most of the defendants, after which the bank entered into a favorable settlement with the remaining defendants.
- Represented Japanese drug manufacturer and distributor in complex product liability cases asserting injuries resulting from use of drug. This matter involved the management of over 40 individual cases in various jurisdictions around the country.
- Represented a major independent power producer in multi-million dollar lawsuits asserting, among other things, claims for breach of contract, breach of fiduciary duty, conspiratorial torts, and breach of warranty related to a co-generation facility in Oahu, Hawaii. This dispute involved lawsuits filed in the United States District Court for the District of Hawaii and the United States District Court for the Southern District of New York, and the Court of Chancery for the State of Delaware.
- Represented tender offerors and related entities in class action derivative suit brought on behalf of limited partners in 19 California limited partnerships alleging, among other things, violation of the federal securities laws, breach of fiduciary and common law duties, and breach of contract in connection with tender offers. Plaintiffs filed a motion to temporarily restrain the ongoing tender offers which, after expedited briefing and argument, was denied. Shortly thereafter, a favorable settlement was reached that resolved not only the derivative class action suit filed in Georgia, but companion suits filed elsewhere in the U.S.
- Served as lead counsel of three-firm legal team representing large national financial services corporation in successful appeal of trademark infringement case involving cutting-edge issues of acquiescence and "inevitable confusion." Also defended second trademark infringement case between same parties.
- Represented cable television network (parent and affiliate) in an antitrust action brought by a wireless cable operator against several cable operators and providers of cable television programming. Clients prevailed on a Motion to Dismiss in the District Court. That decision was affirmed in the Tenth Circuit and the Supreme Court ultimately denied plaintiff's petition for certiorari.
- Defended large class action securities fraud case involving claims that company's directors participated in improper securities filings which allegedly defrauded investors. Claims were based upon alleged failures to disclose improper accounting methods by company, illegal campaign contributions and misrepresentations involving future payments of dividends. Successful in obtaining dismissal of the securities fraud counts and reached favorable settlement on remaining claims.
- Defended derivative action alleging RICO violations, including corporate mismanagement and securities fraud perpetrated by inside directors. Prepared briefing materials for board of directors and litigated issue of whether demand was excused or required based upon business judgment rule in which conflicts of interest were alleged by plaintiffs. Case won through motions for summary judgment after two separate appeals.
- Currently representing a major medical software services company in litigation with its former investment bankers arising from a premature disclosure by the investment bank of merger negotiations between the client and another company. Litigation is ongoing in state court in Georgia and federal court in New York, and numerous motions have been filed in both actions, including motions to dismiss, motions to stay the New York action pending resolution of the Georgia action.
- Successfully obtained summary judgment in federal court in defense of securities fraud and other tort claims for $25 million asserted by two minority shareholders against the majority shareholders arising from the redemption of the minority shareholders' interests in several closely held companies prior to the sale of those companies to a larger company. District Court's dismissal was upheld on appeal by the Fourth Circuit.
- Successfully defended brokerage firm in the defense of a securities fraud class action seeking recovery of $17 million. Case was settled by other parties to the litigation, with the firm's client making no contribution or payment of any kind toward the settlement.
- Obtained a defense verdict in U.S. District Court for the Eastern District of Virginia in favor of the firm's client, a Peruvian bank, against various entities challenging the validity of the bank's $6.5 million lien on a ship.
- The firm represented the seller and former owner of a large manufacturing corporation with plants in four states in litigation in federal court brought by several former officers who claimed that they had been given an ownership interest in the company and that the owner had promised that if the company was ever sold they would receive a portion of the sales proceeds in accordance with their ownership interests, which they claimed entitled them to in excess of $16 million. After most of the plaintiffs' case was dismissed on summary judgment, settlement was reached.
- Successful representation of a national manufacturing company in two successive litigations in federal court against the licensor of a valuable patent. Our client, in reliance on a license to the patent, had spent millions of dollars developing the patented technology to the point of commercial practicality. The licensor, using a variety of pretexts, attempted to terminate the license and to prevent our client from infringing the technology. After we successfully established venue in the United States District Court for the Eastern District of Virginia, as opposed to venue in the Central District of California, our client was able to obtain a settlement that solidified its rights to patent allowing for the commercial exploitation of the technology.
- Dispute between plaintiffs and our clients over who had acquired the valuable trademark of an English company. One plaintiff initially sued in state court seeking a ruling that it owned the mark. However, after suffering an unfavorable ruling on the ownership issue, it nonsuited that action. Plaintiffs then refiled essentially the same suit in federal court, except they added certain patent-related claims, as well as a Lanham Act claim. We filed a motion to dismiss for lack of subject matter jurisdiction on the ground that plaintiffs' claim were really state-law claims dressed up as federal claims in an effort to escape the state court. The district court granted the motion and dismissed the case. Our clients then obtained a favorable settlement while plaintiffs' appeal was pending in the Fourth Circuit.
- In an administrative proceeding before the Virginia Department of Transportation, the firm was able to set aside an award of a multi-million contract from the state to our client's competitor.
- Obtained defense verdict and award of attorney's fees after a trial on plaintiff's claim for specific performance of real estate contract involving ten acres of undeveloped commercial land on an arterial thoroughfare in Richmond's prime commercial location. Our client had refused to close under the contract on the grounds that plaintiff purchaser had not performed all of its preclosing obligations. The court ruled that our client was justified in not closing, and awarded our client all attorney's fees and litigation expenses incurred. In addition, our client was entitled to retain a substantial deposit.
- Won a $5.2 million jury verdict in federal court for infringement of copyrighted architectural plans.
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