International Business: Complex contract, shareholder, and trademark dispute involving U.S. and Taiwanese companies.
Business Acquisition: Plaintiff/ former owner of media marketing company claimed breach of acquisition agreement by Defendant/ buyer for failing to pay contingent earn-out payment due to mismanagement of acquired company and fraudulent accounting. Initial demand: high seven figures.
Franchise Agreement: Plaintiff/hotel franchisor claimed that Defendant/hotel operator breached the franchise agreement by transferring ownership of the hotel to a related entity without franchisor’s consent and used its trademarks without authorization by continuing to operate the hotel under franchisor’s banner after franchisor terminated the agreement. Defendant alleged that Plaintiff implicitly agreed to the assumption of the franchise agreement by the new entity. Initial demand: high six figures.
Foreign Goods: Plaintiff/ U.S. distributor of international consumer brand alleged that Defendant/foreign manufacturer delivered faulty products, which did not meet agreed upon specifications, and which resulted in loss of high end audio/video market share and tarnishing of Plaintiff’s brand: Initial demand: eight figures.
Internet Business: Plaintiff/internet “crowd sourcing” business terminated its agreement with Defendant to provide a marketing plan and create and implement a complex website, alleging that services rendered by Defendant were delayed and unacceptable. Plaintiff further claimed it had to hire a third party to start from scratch and demanded repayment in full. Defendant counterclaimed that Plaintiff had approved all work and demanded final payment due. Initial demand: six figures.
Partnership Buy-out: Plaintiff/former 50% equity partner alleged that following buy-out of his shares, Defendant/company failed to pay scheduled installments of purchase price, which was based in part on Defendant’s future revenue. Defendant claimed that anticipated cash flow problems plus unexpected changes in statutory law prevented timely payment. Initial demand: high seven figures.
Venture Capital Investment-Pre-litigation: Angel investor withdrew from a musical instrument venture, alleging fraud and failure of management to meet the goals of the agreed upon business plan. Mediation facilitated the renegotiation of the investment agreement.
Law Firm Breakup-Pre-ligation: Expelled partner alleged that former law partners refused to pay his earned fees and equity share. Former partners claimed expelled partner misrepresented his book of business, had uncollected fees and never earned his draw. Initial demand: mid-six figures.
COMPLEX BUSINESS
Philip Meldman, Esq.
Mediator