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Overview

McKool Smith represents both plaintiffs and defendants in a wide variety of contractual disputes, including those involving business, financial, insurance, real estate, employment, manufacturing, confidentiality, and professional service issues. We learn the pivotal elements of our clients’ business and operating affairs in order to thoroughly analyze contracts and interpret the terminology, terms, and obligations of the relevant parties. While our lawyers use advanced negotiation skills to resolve disputes efficiently and effectively without litigation, when litigation is unavoidable, clients trust in our experience and unparalleled track record in successfully securing courtroom victories.

Experience

Representative Matters

Our attorneys’ contract litigation experience includes the following matters, among others:

  • Quincy Jones. Lead trial counsel for legendary music producer Quincy Jones in securing a $9.4 million jury verdict Jones against the Michael Jackson estate in a breach of contract and royalty dispute.
  • Canyon Ridge Resort. Represented plaintiffs Canyon Ridge Resorts, Singing Sisters Falls, and Scenic Land Company in a complex commercial case involving breach of contract and tort actions against investment bank Sterne Agee & Leach. After a 6-week trial, the jury awarded our clients $20,599,000 in compensatory damages and imposed $11,500,000 in punitive damages on the defendants.  The court awarded an additional $4.5 million in prejudgment interest, for a total award of $36.5 million for the firm’s clients. The trial is reported to be the longest and the verdict one of the largest, if not the largest, in Hamilton County, Tennessee history.
  • Lockheed Martin.  Served as lead trial counsel for Lockheed Martin Corporation in defending a suit brought by L-3 Communications alleging antitrust violations and tortious interference with contracts and prospective contracts.  The product and services at issue relate to the P-3 aircraft, a maritime warfare aircraft manufactured by Lockheed Martin since the 1960s.  Factoring in the trebling of damages that can be allowed under the antitrust laws, the amount in controversy could have exceeded $400 million.  The matter was settled favorably for our client.
  • Paramount Petroleum. Representation of Paramount Petroleum (a subsidiary of Alon USA Energy) in defense of a breach of contract suit filed by GAF seeking more than $50 million in damages. 
  • Sunday Players.  McKool Smith secured a $8.3 million judgment on behalf of Sunday Players and Daryl Washington, a lawyer and former college football player who owns the trademark for the brand name Sunday Players, in a breach of contract action filed against Kellwood Company. After a 7-day trial, the jury found that the defendant wrongfully backed out of an agreement to manufacture and market our client’s line of athletic apparel and awarded our client $4.3 million in lost profits. The court   awarded an additional nearly $4 million in interest for a total award of $8.3 million.
  • Lavigny. Representation of Lavigny in a New York state court lawsuit seeking to recover more than $300 million in damages for Coller Capital's repudiation of its agreements to sell our clients patent portfolios alleged to be worth in excess of $1 billion.
  • Smith Electric Vehicles. Represented Smith Electric Vehicles, the world’s largest manufacturer of commercial electric vehicles with zero emission, in defense of a suit brought by Jefferies & Co. concerning a contractual dispute.
  • Finmeccanica. Representation of Finmeccanica in a longstanding business dispute arising out of a proposed joint venture between U.S. Russian Telecommunications, L.L.C. , Finmeccanica, and others to commercialize Russian orbital satellite slots.  Notable complexities in this ongoing matter include the presence of Italian witnesses, documents, and legal issues, as well as extensive appellate practice. 
  • Holly Corporation. Represented Holly Corporation in a case alleging breach of a contract to acquire a company for $450 million.  The transaction had failed due when Holly Corporation’s invoked of a material adverse changes provision.  A two week trial in the Delaware Court of Chancery resulted in a verdict that Holly Corporation had not breached the agreement.
  • National Home Builders. Defended six separate and sophisticated national home builders, including KB Home, Lennar Corporation, Meritage Homes, Pulte Homes, The Ryland Group, and Toll Brothers in a case brought by Wachovia Bank.  Wachovia sought to recover more than $500 million for claims that the firm’s clients and their subsidiaries breached their duties to construct a master planned community in Las Vegas, Nevada under various “completion guaranties.”  The matter was settled favorably for our clients.
  • EDS v. Xerox. Representation of EDS against Xerox in New York State court for breach of contract based on Xerox’s  improper attempt to insource desktop services to a particular business unit.  Case settled with long-term extension of services contract for EDS.

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