Representative Cases

Business Litigation

  • Defended $10,000,000 alleged breach of television programming agreement and unjust enrichment claims federal court action, favorable jury verdict for a fraction of the demand. Telewizja Polska USA, Inc. v. EchoStar Satellite Corporation, Case No. 02C 3293, United States District Court for the Northern District of Illinois.
  • Defended $8,000,000 alleged breach of commercial software development contract federal court action, confidential settlement for a favorable confidential sum for defense.
  • Defended $5,000,000 alleged tort and products liability federal court action, confidential settlement for a favorable sum for defense.
  • Defended $3,500,000 alleged promissory fraud and breach of contract over commercial software development federal court action, confidential settlement for a favorable sum for the defense.
  • Defended $1,400,000 alleged breach of commercial contract concerning electronic routing equipment federal court action, confidential settlement for a favorable sum for defense.
  • Defended $650,000 alleged breach of commercial contract concerning product warranty federal court action, confidential settlement for a favorable sum for defense.
  • Defended $6,500,000 breach of contract stemming from a complex commercial asset purchase agreement, federal court action, confidential settlement under favorable terms for client.
  • Brought $2,500,000 breach of contract/television programming agreement federal court action, final judgment of $2,305,000, exclusive of attorney fees and costs, permanent injunction entered against defendant. EchoStar Satellite L.L.C. v. Persian Broadcasting Company, Inc.; Case No. 05 F 466 (PAC), United States District Court, District of Colorado.
  • Prosecuted $1,100,000 breach of insurance contract and indemnity claim federal court action, confidential settlement under favorable terms for client.
  • Prosecuted $1,000,000 breach of contract stemming from television programming agreement dispute, confidential settlement under favorable terms for client.
  • Brought claims for $1,000,000 breach of contract action stemming from television programming agreement federal court action, summary judgment granted to plaintiff and permanent injunction entered against defendant. EchoStar Satellite L.L.C. v. Channel One TV, Inc.; Case No. 05 D 467 (PAC), United States District Court, District of Colorado.
  • Represented CEO and stock holder in shareholder oppression and “squeeze out” case involving corporation, favorable settlement for client.
  • Represented law firm shareholders in breach of fiduciary duty and shareholder oppression litigation involving inequitable distributions and corporate waste. Favorable settlement obtained.
  • Represented U.S. corporation in contract and fiduciary duty litigation involving parties from Pakistan, Jordan, Egypt, Palestine, Lebanon, and Saudi Arabia. Favorable resolution reached.
  • Defended trademark infringement and breach of contract suit brought by foreign television programmers in Mexico and Brazil. Favorable resolution reached.
  • Coordinated the successful defense of individual and class action lawsuits alleging violation of the Telephone Consumer Protection Act.

Intellectual Property

  • EchoStar Satellite L.L.C. et al. v. Freetech, Inc. et al, Case No. 5:07-cv-06124, United States District Court for the Northern District of California (represented Plaintiffs in obtaining consent judgment for $106 million and various injunctive relief)
  • DISH Network et al. v. Panarex, Inc. et al, Case No. 2:07-cv-05897, United States District Court for the Central District of California (represented Plaintiffs in prevailing on summary judgment and obtaining damage award for $626 million and an injunction barring importation of various products and software)
  • NagraStar LLC et al. v. Robert Ward, Case No. 8:08-cv-00590, United States District Court for the Middle District of Florida (represented Plaintiffs in prevailing on summary judgment and obtaining statutory damages of $51 million)
  • EchoStar Technologies L.L.C. et al. v. Khachik Bagdasaryan, Case No. 2:09-cv-03351, United States District Court for the Central District of California (represented Plaintiffs in prevailing on summary judgment and obtaining statutory damages of $151 million; and prevailing in bankruptcy action obtaining a finding of non-dischargeability of damage award)
  • EchoStar Satellite Corporation et al. v. William Rollins, Case No. 5:07-cv-0096, United States District Court for the Southern District of West Virginia (represented Plaintiffs in obtaining default judgment and damage award of $100,000 as well as an impoundment order and permanent injunction)
  • NagraStar L.L.C. et al. v. Phillip Allison, Case No. 8:09-cv-00529, United States District Court for the Middle District of Florida (represented Plaintiffs is prevailing on an ex parte DMCA action, execution of civil writ of seizure with the US Marshal’s office, and subsequent consent judgment for $500,000 and injunctive relief)
  • DISH Network L.L.C. et al. v. Larry Heath, Case No. 1:09-cv-00939, United States District Court for the Middle District of North Carolina (represented Plaintiffs in obtaining consent judgment for $20 million in statutory damages and permanent injunction)
  • EchoStar Technologies, L.L.C. et al v. Intelligent Technology, Inc. et al, Case No. 2:09-cv-03436, United States District Court for the Eastern District of California (represented Plaintiffs in obtaining consent judgment for $16.7 million and injunctive relief)
  • NagraStar L.L.C. et al. v. Sonicview USA, Inc. et al., Case No. 3:09-cv-01553, United States District Court for the Southern District of California (obtained preliminary injunctive relief for Plaintiffs; liability phase still pending)
  • DISH Network L.L.C. et al. v. Sonysat LLC et al., Case No. 2:10-cv-01337, United States District Court for the District of New Jersey (represented Plaintiffs in obtaining preliminary and permanent injunctive relief, asset freeze, product impoundment order and consent judgment in the amount of $21.9 million)
  • EchoStar Technologies et al. v. Robert Kluver d/b/a www.currentbins.com et al., Case No. 2:10-cv-01337, United States District Court for the District of Maryland (represented Plaintiffs in obtaining preliminary and permanent injunctive relief, product impoundment order and consent judgment in the amount of $3.5 million)
  • NagraStar LLC et al. v. Carl Summers, Case No. 1:10-cv-00307, United States District Court for the Eastern District of California (represented Plaintiffs in obtaining permanent injunction and consent judgment for $14.8 million)
  • NagraStar L.L.C. et al. v. Jason Gray, Case No. 4:09-cv-00595, United States District Court for the Eastern District of Texas (represented Plaintiffs in obtaining statutory agreed damages for $20 million and injunction)
  • DISH Network L.L.C. et al. v. David Riley, Case No. 6:09-cv-01381, United States District Court for the District of Kansas (represented Plaintiffs in obtaining statutory agreed damages for $20 million and injunction)
  • NagraStar L.L.C. et al. v. Nathan Green, Case No. 1:09-cv-07538, United States District Court for the Northern District of Illinois (represented Plaintiffs in obtaining damage award of $24.4 million on liability default and injunction)
  • NagraStar L.L.C. et al. v. David Smith, Case No. 09-38-ART, United States District Court for the Eastern District of Kentucky (represented Plaintiffs in prevailing on ex parte DMCA TRO, executed civil writ with US Marshal’s office, obtained consent judgment and injunction and statutory damages of $2.5 million)
  • Seized hundreds of websites associated with copyright infringement.
  • Accompanied U.S. Marshals Service on civil seizures and raids of facilities used to illegally stream copyrighted television programming over the internet.

Employment Law

  • Defended $6,000,000 alleged Title VII race, gender, national origin and lost stock option federal court action, confidential settlement for a favorable sum for defense.
  • Defended $950,000 alleged Texas Labor Code Section 451 Workers’ Compensation Retaliation claim arbitrated with AAA, confidential settlement for a favorable sum for the defense..
  • Defended $600,000 alleged Americans with Disabilities Act (ADA) federal court action, confidential settlement for a favorable sum for the defense.
  • Defended $425,000 alleged Fair Labor Standards Act (FLSA) federal court action, directed verdict for defense at trial, affirmed on appeal by the 5th Circuit. Hagan v. EchoStar Satellite LLC & Echosphere LLC; Case No. H-05-1365, United States District Court for the Southern District of Texas.
  • Defended $375,000 alleged Family Medical Leave Act (FMLA) claim arbitrated with AAA, favorable confidential award issued by AAA for defense..
  • Defended $350,000 alleged Family Medical Leave Act (FMLA) federal court action, favorable confidential settlement for defense.
  • Defended $300,000 alleged Texas Commission on Human Rights Act (TCHRA) gender/pregnancy discrimination state court action, favorable confidential settlement for defense during trial.
  • Defended $500,000 wrongful termination of employee in whistleblower dispute under federal election campaign laws, confidential settlement under favorable terms for client.