Representative Matters | Coleman Frost LLP

Representative Matters In Commercial Litigation, Class Action Litigation, Corporate and Business Counseling, Intellectual Property Protection and Litigation and Intellectual Property and Technology Transactions.

Commercial Litigation:

Defended technology company CEO, founder and director in action brought by investor in technology investment fund for alleged misrepresentations and non-disclosures. Plaintiff sought $15 million in damages, including $10 million representing amount of lost investment. Result: on eve of hearing on Coleman Frost's motion to dismiss plaintiff's complaint, settlement reached between investor and client pursuant to which plaintiff agreed to dismiss action with prejudice against client without any payment by client as part of the settlement.
Defended client in action brought by purchaser of various internet domain names for breach of contract and fraud seeking approximately $200,000.00 in damages. Coleman Frost brought counter claim for breach of contract on behalf of client. Result: following week-long jury trial client was awarded a judgment of over $300,000.00 on counter claim.
Defended ousted co-founder/member in action brought by limited liability company against client seeking approximately $300,000.00 in damages for alleged theft of trade secrets and financial mismanagement by client. Coleman Frost filed cross-complaint seeking appointment of receiver, damages and other relief. Result: obtained $100,000.00 settlement for client shortly before trial.
Defended ousted co-founder/shareholder of corporate operator of medical facility in action brought by corporation seeking damages of $1.1 million based upon alleged misappropriation and embezzlement. Coleman Frost initiated arbitration and successfully moved to stay action against client, allowing arbitration to proceed first. Result: obtained $300,000.00 settlement for client as part of global settlement with other parties in complex multi-party arbitration proceeding.
Represented corporate operator of physical therapy facility in dispute against former officer and affiliated corporation for embezzlement, non-payment of loans and other relief. Result: obtained $1,250,000.00 settlement for client within six months of initiating action.
Defended immigration consultant in action brought by strategic partner for breach of contract and fraud seeking approximately $200,000.00 in damages. Result: following successful demurrers and motion to strike by Coleman Frost plaintiff voluntarily dismissed action with prejudice in exchange for waiver of costs.
Defended seller of publicly-traded stock in action by alleged purchaser asserting causes of action for specific performance, breach of contract, conversion and declaratory relief. Result: after Coleman Frost conducted discovery and demurred to and moved to strike portions of complaint, case settled with plaintiff agreeing to purchase approximately $300,000.00 in stock at price per share substantially above market price.
Represented partners in property location company in the film and television industry in action against other partner for breach of fiduciary duty, breach of partnership agreement, conversion, expulsion of partner, and other claims. Defendant filed cross-complaint alleging, among other claims, conversion of partnership assets. Result: Coleman Frost obtained temporary restraining order against defendant and case settled at mediation with clients buying out defendant's partnership interest on exceptionally favorable terms.
Defended classic car collector in action by vehicle seller for malicious prosecution. Coleman Frost filed a cross-complaint on behalf of client seeking damages for unfair business practices, elder abuse, and breach of contract. Result: plaintiff dismissed action against client in exchange for mutual release of all claims and waiver of costs.
Defended client in collection action by former attorney. Result: Coleman Frost initiated fee dispute arbitration on client's behalf and case settled on favorable terms (approximately one-third of plaintiff's demand) on eve of arbitration.
Defended tenant in action by landowner to recover alleged damages resulting from fire allegedly caused by tenant. Result: following commencement of discovery, plaintiff voluntarily agreed to dismiss action with prejudice and release all claims against client in exchange for waiver of costs.
Represented company manager in action by contractor seeking damages for breach of construction contract. Result: as part of global settlement with other defendants, plaintiff voluntarily agreed to dismiss action with prejudice and release all claims against client in exchange for waiver of costs.
Represented homeowners in dispute with interior designer. Result: case settled on favorable terms (approximately 90% of clients' demand) prior to commencement of arbitration.

Class Action Litigation:

Defended major domestic automobile manufacturer in statewide class action alleging design defect in major vehicle line and seeking damages of $100+ million based upon claims of unfair competition, fraud, violation of Consumer Legal Remedies Act, and breach of warranty. Firm drafted opposition to plaintiffs' motion for class certification and following approximately 15 hours of oral argument, court denied motion for class certification. Thereafter, Firm drafted motion for summary judgment on remaining private attorney general and individual claims. Following oral argument, court granted summary judgment for client. Plaintiff appealed. Result: prior to briefing on appeal, case settled for negligible sum.
Retained by major insurance company to defend CFO of health care facility developer/operator, under D&O policy in class action by bond investors against corporate officers and directors and other defendants seeking $140 million in compensatory damages for alleged material misrepresentations and omissions in connection with sale of bonds. Result: Class-wide settlement on favorable terms; client personally paid no money as part of settlement.

Corporate and Business Counseling:

Represented numerous clients in forming and structuring new business entities, including relationships between founders and investors.
Represented numerous clients in a variety of investment and funding transactions, including equity and debt-based relationships.
Represented technology client in the sale of the company, including all of its technology and intellectual property assets and structuring post-sale employment and support relationships.

Intellectual Property Protection and Litigation:

Currently represent a variety of clients in creating and maintaining comprehensive intellectual property asset protection programs, including performing intellectual property audits, representing clients in connection with the adoption, registration and protection of patents and trademarks at the United States Patent and Trademark Office and in opposition proceedings and disputes in Federal court.
Defended intellectual property consulting firm and company officer in action by competitor for trade libel and unfair competition. Result: case settled for nominal sum on eve of trial.
Defended client licensor in dispute regarding complex software license and support agreement. Result: dispute settled on favorable terms without litigation.
Defended client in claim asserting improper use of copyrighted materials on the internet and seeking hundreds of thousands of dollars in damages. Result: case settled as part of mutual release agreement on favorable terms.
Represented client in multimillion dollar web site development and license lawsuit, including successfully opposing motions to dismiss and for summary judgment. Result: case settled on favorable terms following mediation.
Represented automotive products manufacturer in federal action against competitor for trademark infringement. Result: Coleman Frost obtained temporary restraining order prohibiting defendant from using trademark at major industry trade show, and defendant subsequently stipulated to permanent injunction barring defendant from using trademark on any of defendant's products.
Defended automotive products manufacturer in federal action by competitor alleging trademark infringement. Result: Coleman Frost obtained dismissal of the action at pleading stage for client.
Defended accounting software distributor/installer and company President in action for damages by former client/industrial manufacturer. Result: case settled with client paying negligible sum.
Represented plaintiff software consulting company in action against well-known business magazine publisher for unpaid consulting fees. Result: substantial settlement for client following mediation.

Intellectual Property and Technology Transactions:

Represented client in multimillion dollar purchase and related cross-license of complex software programs and associated intellectual property rights, including the drafting and negotiation of asset purchase, software license and various support agreements for the transaction.
Represented industry-leading technology client in a series of online affiliate transactions, including drafting and negotiating agreements on client's behalf.
Represented client in the selection and purchase of a multimillion dollar entity-wide hardware and software technology solution, including drafting and negotiating purchase, license and support agreements with numerous vendors involved in the project.
Represented client in structuring, drafting and negotiating a series of web site development, hosting and support agreements.
Represented client in drafting and negotiating a multimillion dollar technology development, licensing and support venture.
Represented client in analyzing and revising current technology and support licensing program and established forms for the revised program.
Represented client in agreement to provide digital content capture, reproduction and distribution services.
Represented client in copyright and trademark license transaction involving the development and commercialization of various projects involving the client's game characters.