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Business Litigation

Commercial Litigation

Howard & Spaniol’s lawyers have battled against the best lawyers in the world to recover or defend hundreds of millions of dollars in disputes regarding:  Noncompetition/Nonsolicitation, Employment Litigation, Sovereign and Governmental Immunity, Audits and Forensic Accounting, Product Defects and Manufacturing, Ownership Disputes, and Personal Injury/Wrongful Death.

Noncompetition / Nonsolicitation

  • Obtained temporary restraining order and temporary injunction preventing client’s former chief executive from operating a new company that would have competed with client and from soliciting client’s customers and employees to support that competing business.
  • Successfully defended orthopedic practice and negotiated dismissal of all claims over alleged breach of noncompetition covenant in dispute with large regional hospital conglomerate over shared-services agreement.
  • Negotiated eve-of-trial settlement of less than 10% of Plaintiff’s alleged damages on behalf of international financial services company in commercial lawsuit alleging breach of a non-compete provision in promotional/shared-services agreement.

Employment Litigation

  • After minimal discovery, negotiated settlement for software-services provider that involved payment of less than 9% of terminated employee’s claimed damages in dispute regarding allegations of discrimination and retaliation based on disability (ADA), family leave (FMLA), national origin (Title VII), and age (ADEA)..
  • Obtained summary judgment in favor of freight-company and dismissing with prejudice all of former employee’s claims under ADA, ADEA, and Title VII.
  • Convinced Equal Employment Opportunity Commission to dismiss complaint of discrimination based on age and national origin against transportation-services company.
  • Obtained settlement involving payment of less than one-quarter of terminated employee’s alleged damages against national advertising company in dispute with its former executive vice-president of human relations over alleged obligation for termination benefits.
  • Obtained temporary restraining order and temporary injunction to prevent former employee from entering company property and from harassing current employees on business premises or at their homes.

Product Defects and Manufacturing

  • Obtained settlement with zero-dollar exposure for declaratory judgment plaintiff in seven-figure warranty/defective product case
  • Obtained six-figure settlement for plaintiff in negligence case regarding damage to plastic injection molding manufacturing equipment

Sovereign / Governmental Immunity

  • Obtained remand for east-coast university licensing client regarding breach of license agreement lawsuit; established sovereign immunity for licensing entity as an arm-of-the-state; obtained summary judgment regarding audit entitlement
  • Obtained ruling that university entity was entitled to sovereign immunity for south-western university licensing entity
  • Asserted sovereign immunity as a defense to transfer of venue in patent infringement lawsuit
  • Asserted sovereign immunity as a defense to institution of inter partes review of patents-in-suit
  • Asserted governmental immunity for private/government attorneys in defense of breach of contract suit

Audit/Forensic Accounting

  • Obtained remand for east-coast university licensing client regarding breach of license agreement lawsuit; established sovereign immunity for licensing entity as an arm-of-the-state; obtained summary judgment regarding audit entitlement
  • Represented manufacturer plaintiff in evaluation and audit of vendor payments
  • Represented university licensing entity in audit case, obtained ruling that university entity was sovereign immune.

Ownership Disputes / Minority
Ownership Protection / Fiduciary Duty

  • Won nine-figure judgment for plaintiff in breach of fiduciary duty case regarding oilfield opportunity.
  • Advised various individuals and entities in evaluating strategy for ownership and compensation disputes, with or without litigation

Personal Injury / Wrongful Death

  • Obtained seven-figure settlement for parents and estate in oil-field wrongful death lawsuit
  • Obtained favorable, confidential settlement for Represented plaintiff in case involving explosion of propane gas canister.
  • Obtained policy-maximum settlement for pedestrian plaintiff injured while crossing the street