Representative Cases

  • Successfully represented bond underwriter in defense of securities-related claims brought by bondholders in putative class action lawsuit seeking more than $160 million in damages based on the sale of municipal bonds relating to various low-income housing issuances through alleged misrepresentations and material omissions, including obtaining a Judgment in favor of the defendant and the dismissal of all claims with prejudice on a motion for judgment on the pleadings (Krupka et al. v. Stifel, Nicolaus & Company, Incorporated, Case No. 4:23-cv-00049 (E.D. Mo.); case also involved the removal of the action to federal court and defeating plaintiffs’ motion to remand, successfully arguing that the securities exception to federal jurisdiction under the Class Action Fairness Act (CAFA) did not apply to divest the federal court of jurisdiction; obtained a favorable ruling from the Eighth Circuit Court of Appeals denying plaintiffs’ subsequent petition for request to appeal the jurisdictional issue (Case No. 23-8004), and also obtained a denial from the United States Supreme Court of plaintiffs’ subsequent petition for a writ of certiorari attempting to challenge the jurisdictional issue (Case No. 23-225).

  • Facta Health LLC v. Pharmadent, LLC et al., AAA Case No. 01-20-0005-1757 (Dec. 7, 2022) (successfully represented pharmaceutical start-up and its principals ["Respondents"] who are inventors of pharmaceutical products with multiple patents in successful defense of various claims brought by former business partner ("Claimant") under patent purchase agreement; after one week evidentiary hearing, Arbitration Panel ruled in favor of client Respondents on all claims brought against them, including for breach of contract, fraud, and patent infringement; Panel also ruled in favor or client Respondents on their counterclaim for breach of the implied covenant of good faith and fair dealing based on Claimant's unlawful interference with the FDA approval process related to the pharmaceutical product at issue, including ordering rescission of the patent purchase agreement to allow Respondents to take back control of their patents and awarding Respondents all of their attorneys' fees and costs) (Arbitration Award in favor of Respondents subsequently confirmed by the U.S. District Court for District of New Jersey, Case No. 2:20-cv-09631 (D.N.J. June 13, 2023)).

  • Successfully represented former private equity fund executive in breach of contract claims in multi-million dollar arbitration relating to carried interest, including claims relating to the failure to pay carried interest and claims relating to the improper reduction or dilution of the value of carried interest based on complicated related party financial transactions.

  • St. Anthony Catholic Church v. Thomas Scott Waller et al., Case No. 21AB-CC00116 (Franklin County Circuit Court Nov. 24, 2021) (successfully represented majority shareholders of Bank Holding Company and other beneficiaries and heirs of founder of the Company in defense of will and trust contest involving $30 million estate brought by charitable beneficiary, including obtaining Judgment and Order dismissing all claims with prejudice under various provisions of probate code and Missouri’s Uniform Trust Code).

  • Successfully represented large shareholder and director of global manufacturing corporation in defeating TRO and claims for injunctive relief by other large shareholder and director seeking to remove defendant from Board of Directors based on claim that defendant was improperly elected to Board of Directors (Thomas Robert et al. v. Barbara Robert Lea et al., Case No. 20SL-CC01780 (St. Louis County, Missouri Circuit Court).

  • Successfully represented non-profit healthcare entity in various challenges by members of the entity to its Board of Directors and election processes (Dr. Mark Zusk et al. v. Delta Dental of Missouri, Case No. 14SL-CC03928 (St. Louis County, Missouri Circuit Court), including defeating TRO in which the plaintiffs sought to hold an immediate annual meeting and director election in a manner that would limit member participation in the director election.

  • Successfully represented medical equipment provider and its principal owner in shareholder dispute in action brought by former employee and minority owner seeking damages in excess of $1 million for claw back of equity based on fraud and other misconduct; after discovery, claims were resolved with no settlement payments made by clients.

  • Successfully represented financial institution in “bet-the-company” arbitration involving claims in excess of $70 million relating to executive compensation issues and stock/option buy backs.

  • Successfully represented investment company and investment managers in “bet the company” litigation and arbitration involving claims in excess of $25 million relating to management of Small Business Investment Company (SBIC) funds.

  • Successfully represented beneficiary of $100 million estate in lawsuit asserted by second beneficiary seeking damages for alleged breach of trust, breach of fiduciary duty, and other claims relating to the administration of the estate; successfully challenged venue in Missouri Court of Appeals, Western District, State ex rel. Bank of America N.A. v. Kanatzar, 413 S.W.3d 22 (Mo. App. W.D. 2013); subsequently obtained Judgment in favor of client in Circuit Court barring plaintiff from proceeding with the lawsuit under no contest clause in trust instrument, Judgement affirmed by Missouri Court of Appeals, Eastern District, In the matter of Richard H. Goldstein Trust v. Bank of America, 495 S.W.3d 199 (Mo. App. E.D. 2016).

  • Successfully represented liquor and alcohol distributor, Major Brands, Inc., in landmark case against largest alcohol supplier in the world (Diageo) and competing distributor for violation of state franchise laws resulting in “substantial payment” to client; worked with PhD economist on damage model based on lost profits and lost value relating to the distribution of various beer, wine, and liquor brands.

  • Successfully represented national commercial property management company and its owner in defense of civil conspiracy and breach of fiduciary duty claims relating to the sale of commercial office buildings to tenant-in-common investors prior to the real estate collapse.

  • Caliber Home Loans, Inc. v. Rachelle and John Jones, Case No. 4:16-cv-01172-HFS (W.D. Mo. Federal court) (obtained summary judgment on behalf of Caliber Home Loans on claim for judicial foreclosure and a deficiency judgment against defaulting borrowers who asserted various theories attacking the enforceability of their promissory note under the UCC).

  • Lee Ringenberg v. Wells Fargo, Case No. 1716-CV23272 (Jackson County Missouri Circuit Court) (obtained dismissal of all claims asserted against Wells Fargo without payment of any settlement amount in lawsuit asserting claims under Missouri’s Merchandising Practice Act, quiet title/wrongful foreclosure, and slander of title seeking more than $300,000 in damages).

  • Emmett Lee Jr. vs. Wells Fargo, Case No. 1716-CV24631 (Jackson County Missouri Circuit Court) (obtained dismissal of all claims on behalf of Wells Fargo and Fannie Mae without payment of any settlement amount in lawsuit asserting claims under Missouri’s consumer fraud statute, quiet title/wrongful foreclosure, and slander of title seeking more than $300,000 in damages).

  • Peter and Theresa Pellegrino v. Wells Fargo and HSBC Bank, Case No. 1616-CV29094 (Jackson County, Missouri Circuit Court) (obtained summary judgment on behalf of Wells Fargo and HSBC in lawsuit asserting quiet title/wrongful foreclosure theories).

  • Kenneth D. and Quantessal D. Wesley v. Wells Fargo, Case No. 1616-CV22369 (Jackson County, Missouri Circuit Court) (obtained summary judgment on behalf of Wells Fargo in lawsuit asserting quiet title/wrongful foreclosure theories; affirmed by Missouri Court of Appeals).

  • Deidra Cox v. U.S. Bank, Case No. 1616-CV25096 (Jackson County, Missouri Circuit Court) (obtained summary judgment on behalf of U.S. Bank in lawsuit asserting quiet title/wrongful foreclosure theories; affirmed by Missouri Court of Appeals).

  • Michael Walker v. U.S. Bank, Case No. 1616-CV17846 (Jackson County, Missouri Circuit Court) (obtained summary judgment on behalf of U.S. Bank in lawsuit asserting quiet title/wrongful foreclosure theories).

  • Oswalt v. CitiMortgage, Case No. 5:16-cv-06107-SWH (W.D. Mo. federal court) (Obtained dismissal on behalf of Wells Fargo without payment of any settlement funds in lawsuit asserting violation of Fair Credit Reporting Act).

  • Edward Anthony Long v. Wells Fargo and MERS, Case No. 1716-CV10526 (Jackson County, Missouri Circuit Court) (obtained dismissal on behalf of Wells Fargo and MERS without payment of any settlement funds in lawsuit asserting quiet title, wrongful foreclosure, and similar theories).

  • Dan Brown v. U.S. Bank, Case No. 1716-CV04986 (Jackson County Missouri Circuit Court) (obtained dismissal on behalf of U.S. Bank without payment of any settlement funds in lawsuit asserting quiet title, wrongful foreclosure, and various damage claims).

  • Becky Spence v. Wells Fargo, Case No. 1231-CV07292 (Greene County, Missouri Circuit Court) (obtained Judgment on behalf of Wells Fargo in lawsuit asserting claims for wrongful foreclosure and similar theories).

  • Apple Inc. v. West County Shoppingtown, Inc. d/b/a West County Center, Case No. 13SL-CC03222 (St. Louis County Circuit Court) (obtained Judgment and damage award on behalf of Apple against landlord in commercial lease dispute; in same action, obtained dismissal of premises liability claim against Apple without payment of any settlement funds).