Matters
- Successfully represented payment card processor in action for breach of oral contract and negligent misrepresentation in a case involving merchant chargebacks incurred due to the fraudulent use of credit cards accepted over the phone.
- Successfully represented a payment card processor challenging the state of Washington’s application of Business and Occupation (B&O) tax to taxing processors for amounts related to the interchange fee portion of the full merchant discount which was listed as an estimated $400 million receivable for past years’ taxes alone.
- Successfully defended breach of contract claim alleging damages in excess of $1 billion relating to development of credit card processing services utilizing the internet. Successfully reduced the final award to $1.4 million in compensatory damages though Claimant’s attorney fees alone were almost 5 times that amount. Also successfully defeated Plaintiffs’ claims for fees.
- Successfully defeated multi-million dollar class action through summary judgment. Plaintiffs sought to have certain fees charged by client deemed improper per the terms of various merchant processing agreements.
- Successfully defended client from multi-million dollar claims of direct liability through interpleader process.
- Successfully defended against purported class action of Washington business owners for alleged violations of the Washington Automatic Dialing and Announcing Device Statute (“WADAD”), Washington’s Consumer Protection Act (“CPA”), and Washington’s Declaratory Judgment Act relating to calls made by third parties.
- Defeated class action on summary judgment alleging that data processor had violated certain provisions of the Electronic Funds Transfer Act.
- Obtained voluntary dismissal for no compensation for client from multi-million dollar matter pending in the Complex Division of the Los Angeles Superior Court involving allegations of fraud, negligence and breach of contract relating to point of sale systems.
- Successfully prevented client from being named as party to a $600 million class action regarding alleged violations of Oregon state statutes prohibiting electronic surcharge fees involving the purchase of petroleum products.
- Developed worldwide essential service litigation plan to ensure client operations in wake of Covid.
- Successfully oversaw and negotiated the transfer and reorganization of more than $60 million worth of assisted living facilities located throughout the Southeast and successfully protected investors from $23 million judgment that had been obtained against the organizer of the facilities.
- Successfully defended numerous NFA and FINRA arbitrations for online securities firm client with $0 awarded to any claimant.
- Negotiated lowest fine issued by CFTC for online securities client that committed technical violation of minimum net capital requirements.
- Represented primary lender in the construction of the Shutters’ Hotel in Santa Monica in seeking nearly $80 million.
- Successfully recovered funds in numerous bankruptcy estates, established precedential decisions regarding stop notice claims and other lien law and successfully reached settlement with the primary title carrier the day before trial.
