Lead counsel for Tenet Healthcare in multiple breach of contract disputes related to the sale of five hospitals in Miami. Prevailed in net working capital arbitration and two separate injunction proceedings in Delaware and Texas. In two separate litigations in Delaware, obtained summary judgment on multiple claims totaling over $50 million, which Tim successfully defended on appeal in the Delaware Supreme Court.
Lead counsel for Periscope Equity in multimillion-dollar earn-out dispute. Complete victory following expedited briefing.
Co-lead trial counsel for a joint venture between Lake Capital and The Stephens Group in litigation related to the alleged breach of pre-closing tax provisions of a stock purchase agreement. Complete defense victory following week-long bench trial in the Delaware Court of Chancery. Decision.
Co-lead counsel for Beecken Petty O’Keefe & Company in litigation related to a pre-closing accounting fraud and breach of a stock purchase agreement. Complete multi-million victory in net working capital arbitration. Entered into favorable settlement on fraud claims after defeating a motion to dismiss in the Delaware Court of Chancery. Decision.
Co-lead counsel for Beecken Petty O’Keefe & Company in litigation related to rights under a director and officer insurance policy assigned in settlement in post-closing fraud litigation. Complete victory in the District of Delaware on motion for judgment on the pleadings.
Litigation counsel for Abbott in lawsuit related to alleged breach of a long-term incentive agreement. Prevailed on summary judgment.
Litigation counsel for IQNavigator in breach of contract litigation. Prevailed on motion to dismiss. Plaintiff did not appeal.
Litigation counsel for Repsol USA in litigation related to alleged breach of joint venture agreement to explore for and develop wells in the Marcellus Shale region. Settled on favorable terms shortly before trial.
Trial counsel for Payment Alliance, Inc. in an arbitration of social media and search engine optimization contract and fraud claims. Settled on favorable terms after second-chaired week-long arbitration.
Litigation counsel for PricewaterhouseCoopers in litigation related to audits of SemGroup, a mid-stream oil and gas provider and commodity trader. Obtained dismissal of breach of fiduciary duty and Oklahoma Accountancy Act claims. Settled remaining claim shortly before trial.
Litigation counsel for Twin River Worldwide Holdings in shareholder dispute regarding contingent value rights issued under plan of reorganization. Prevailed on summary judgment.
Litigation counsel for Sun Capital in alleged fraudulent transfer litigation. Settled on favorable terms shortly before trial.
Litigation counsel for Motorola Solutions in Rule 10b-5 securities litigation.
Post-conviction trial counsel for Charles Johnson. Helped secure a complete exoneration.