Litigation Practice - Corporate Recoveries
“They win the cases that you don’t expect to survive summary judgment, and they win `em big” – Chambers USA
We understand that corporations generally prefer to avoid litigation. But corporations that have been injured by wrongful or illegal conduct are increasingly taking calculated steps to vindicate their rights and to recover the damages inflicted upon their businesses. Appropriate cases for such a recovery may arise from price fixing by suppliers, breach of contracts, delivery of defective products by vendors and other misconduct.
A systematic corporate recoveries program helps corporations identify instances in which they have suffered damage from unlawful conduct to analyze what steps, if any, the corporation should take to remedy that damage. Those steps may range from negotiating appropriate business concessions to full blown litigation.
As an early participant in the corporate recoveries arena, BME has years of experience assisting clients in developing and executing a corporate recoveries program. BME works with its clients to identify and analyze potential claims and, where appropriate, pursue litigation. Our analysis includes claims that are specific to our client as well as claims arising from class actions that, given our client’s stake in the matter, are better pursued through solo litigation.
Obtained a $281 million jury verdict—the largest compensatory damage award in Georgia history—against Turner Broadcasting System for breaching an oral agreement to sell David McDavid the Atlanta Hawks, the Atlanta Thrashers and the operating rights to Philips Arena. The judgment was affirmed in full on appeal.
Represented numerous clients in connection with class actions by maximizing their settlement recovery, by objecting to insufficient settlements and by filing opt-out actions to pursue individual recovery, as appropriate. This includes representing multiple clients filing claims in connection with the BP settlement, representing clients who opted out of the 2012 VISA/Mastercard antitrust settlement and those objecting to the proposed settlement of antitrust claims against American Express.
Successfully represented an institutional investor in fraud and RICO cases against Bank of America, Countrywide, JP Morgan and UBS. These high-stakes cases involved the alleged fraudulent sale of more than $6 billion in mortgage-backed securities, millions of pages of documents, unusually well-funded and determined adversaries, and complex issues of successor liability.
Won a $454 million jury verdict—the largest in Georgia history—for plaintiffs Six Flags Over Georgia in a breach of fiduciary duty action against Time Warner Entertainment. The full judgment was affirmed on appeal.
Served as class counsel in an antitrust case against Masco Corporation and the four largest manufacturers of fiberglass insulation. The case settled for a total of $112.25 million, one of the highest antitrust settlements to date in the state of Georgia.
Achieved a settlement exceeding $200 million in a contract dispute between our client, a leading transportation company, and a major supplier.
- November 5, 2015