| Rob Graham & Associates has successfully litigated business disputes of varying complexity. From Racketeering to simple contract disputes, the firm has decades of experience to bring to each matter. Often times, business litigation is about making good business decisions, even in the course of the litigation. Instead of spending good dollars chasing bad dollars, competent legal counsel will take into consideration the "business" factors involved. After all, what good does it do to spend three years' profits pursuing one month's profit? The answer is that it doesn't make sense at all.
In contrast, often a business is genuinely injured and the damages are substantial. So what can then be done? The answer lies in good litigation strategy accompanied by good business common sense. Here are a few good examples of what the firm has been able to do for others:
EXAMPLE 1: A car rental agency borrowed money against its rental inventory. When the leasing company fell upon hard times, it found a way to use notaries from a local auction company to "clear" the titles of the bank liens that were clearly noted on the titles at DMV. For a small "fee," the notaries would request a new title and forge the name of the bank to clear the titles of all liens. The result was that the vehicles were now ready to sell through the auction. The leasing company would clear the titles, sell the vehicles, and the money raised was then used to keep making payments to the bank. When the bank conducted a quarterly inventory of the security, some of the vehicles could not be located. When the bank checked with the DMV, it learned that there were new owners attached with the Vehicle Identification Numbers. That is when the law firm was contacted.
In this example, the law firm prosecuted the matter against the leasing company, the notaries and the vehicle auction company. One of the causes of action was Federal Racketeering. The legal theory essentially argued was that the vehicle auction company was able to obtain a benefit from the racketeering consipracy because it made money on the sale of the vehicles. Additionally, the auction wanted more business from the leasing company and the dealer it was using to hundreds of vehicles. Even though the vehicle auction company asserted that it didn't know its employees were "clearing" titles, in the end, it had to take responsibility because many of the titles were "cleared" during business hours by its employees. The vehicle auction's negligence in supervising its employees was enough to make it responsible under the Federal Racketeering laws as a co-conspirator. The vehicle auction settled the matter to the satisfaction of the bank in a confidential settlement.
This is a good example of using good strategy and good business sense to obtain a favorable result. Though the leasing company and notaries essentially had nothing by way of measurable assets, the auction house was a large company that could not afford to have a reputation for "clearing" titles in an illegal manner -- whether it knew directly about the activity or not. The matter settled because after several notaries had to "take the 5th" in order to avoid self-incrimination, the company realized that its reputation was more valuable then continuing to defend the suit.
EXAMPLE 2: An investor had purchased 25% of a small company. After a dispute arose as to how the money was spent by the principals of the small company, the parties agreed that the investor would be paid back for his original investment. A promissory note was executed and as security for repayment, the majority share of the company was pledged. Payments on the notes were made over a few years, but then suddenly, the payments stopped. The assets were then sold by the principals, despite the fact that the control of the company essentially changed over to the investor upon the default of the promissory note. When the investor learned of this fraud, he sued the principals. Shortly thereafter, the principals filed bankruptcy.
Normally, bankruptcy would end such litigation; however, after investigating the matter, the law firm learned that an inexperienced attorney handled the sale of the assets and made several critical mistakes. In failing to provide notice to the investor, failing to properly account for shareholders, failing to properly close the transaction or sale of the assets, and by making other obvious mistakes, the attorney became liable to the corporation itself. In bankruptcy, the investor forced the disgorgement by the principals of the stock of the small company and took control of the corporation. The investor then caused the corporation to sue to attorney for malpractice and negligence relating to the sale and the failure of the attorney in protecting the investor.
Business litigation is about making good business and litigation decisions. Strategy can account for success or failure. Each success in business litigation can be traced to a good common sense approach that benefits the company. That is the very definition of good business sense.
Rob Graham & Associates can help your business. From simple advice regarding incorporating a business, to complex litigation, Rob Graham & Associates has the experience you can depend upon. Call for an appointment to discuss the needs of your business. Call (702) 255-6161 to schedule an appointment. |
