Commercial, Fiduciary Duty and Statutory Disputes

• Won multimillion dollar arbitration award on behalf of closely held startup company against its CEO, as well as punitive damages, attorney’s fees and cancelation of any ownership interest held by CEO.
• Authored multiple winning briefs and motions in successful defense of claims arising under Digital Millennium Copyright Act, Computer Fraud and Abuse Act and Stored Communications Act in eight-figure dispute, leading to favorable settlement.
• Blocked unconstitutional order of the Kansas Corporation Commission on behalf of a major telecom company.
• Won summary judgment for publicly traded food manufacturer under co-manufacturing agreement.
• Authored winning brief in Eighth Circuit appeal on novel theories of False Claims Act liability concerning Medicare Advantage.
• Defeated emergency relief on eight-figure claims on emergency schedule in federal court, leading to favorable settlement through negotiations with CEO of publicly traded opponent and after-midnight negotiations with its Chief Legal Officer.

Bankruptcy and Distressed Litigation

• Obtained $93 million verdict and defended it through vigorous post-judgment briefing through appeal to the Eighth Circuit, on claims for breach of fiduciary duty and conspiracy on behalf of Chapter 7 Trustee.
• Won dismissal with prejudice of RICO, fraud and avoidance claims brought by Chapter 11 debtor on behalf of pre-petition purchaser of Debtor’s receivables.
• Favorably resolved claims against parent company and board of directors of Chapter 7 debtor, following advocacy described as “tide-turning” by former judge serving as mediator. 
• Resolving offensive and defensive claims arising from destruction of a lab business, reaching result thought “impossible” by seasoned appellate judge serving as mediator.

Value-generating Advice

• Guiding boards of directors in best processes for proceeding with contested transactions.
• Counseling major companies on veil-piercing risks and mitigation measures in inter- and intra-company relationships.
• Advising companies pre- and post-acquisition on litigation risks and mitigation opportunities associated with acquired companies.

Matters prior to joining Polsinelli include:

• Drafted successful dispositive and other motions in multiple matters on behalf of a Fortune 10 company.
• Day-to-day leadership on internal and government-facing investigations of investigations for Fortune 100 company.
• Led the direct and collateral appeals from convictions in a highly-publicized, months-long murder trial as pro bono post-conviction counsel.
• Drafted key pleadings in the largest municipal bankruptcy in U.S. history, In re City of Detroit.