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COMPLEX COMMERICAL LITIGATION: The Firm is involved in prosecuting and defending a wide variety of complex commercial litigation claims, including claims for breach of contract, tortious interference, fraud, negligence, civil conspiracy, breach of fiduciary duty, breach of confidential relationship, and the full spectrum of contract disputes and business torts.
BANK AND BOND DEBT LITIGATION AND ADVICE: The Firm has unparalleled experience in representing bank and bond debt holders in litigation to secure or recover the value of bank or bond debt. The Firm's current or recent bank or bond debt clients include: Highland Capital Management, Citicorp, ING Funds, Midway Capital, Indosuez, and Whitney and Company. The Firm represents or has represented debt holders in lawsuits against: (i) former officers, (ii) equity sponsors, (iii) international accounting firms, (iv) Indenture Trustees, (v) third-party lenders, (vi) commercial lenders, and (vii) professional advisors. The Firm's attorneys have litigated claims of securities fraud, breach of fiduciary duty, breach of contract, and nearly every other claim involving public and private securities, including class-action lawsuits.
HOSPITALITY LAW: The Firm's attorneys have been involved in all aspects of the hospitality industry, including some of the highest-profile litigation in the country. Our attorneys have represented internationally known hotel franchisors, management companies, owners, developers, investors and suppliers, throughout the country.
BANKRUPTCY AND BANKRUPTCY-RELATED LITIGATION: The Firm represents creditors, debtors, and bankruptcy trustees, in complex adversary proceedings, fraudulent transfer and preference actions, and disputes involving estate property and plan confirmation.
INTELLECTUAL PROPERTY: The Firm handles patent, trademark, copyright, trade secret, trade dress, and related issues involving misappropriation of confidential or proprietary information. We also have handled various matters involving significant technology-related issues.
INFORMATION TECHNOLOGY LITIGATION: The Firm has litigation experience in a variety of matters involving information technology, including issues related to the ownership, development, sale, and installation of software, hardware, and databases, as well as pier-to-pier and business-to-business platforms. The Firm has substantial experience in negotiating and enforcing intellectual property rights in digital media, as well as in negotiating contracts, and plotting strategy.
MEDIA AND ENTERTAINMENT LAW: The Firm has experience in representing national advertising agencies in virtually every aspect of their business, including contract drafting, negotiation, and litigation, proprietary rights related to branding, and risk avoidance and review. The Firm also assists a number of national artists, actors, musicians, and professional athletes in various matters.
LABOR AND EMPLOYMENT LITIGATION: The Firm has litigated labor and employment cases on both the plaintiff and defense side, including cases involving labor and union disputes, breach of confidentiality agreements, theft of trade secrets, and wrongful terminations.
PERSONAL INJURY LITIGATION: On occasion, the Firm accepts high profile, personal injury litigation. The firm is currently pursuing ground breaking litigation surrounding the use of X10 video cameras to record and disseminate footage of unsuspecting victims.
DEFENSE WORK: Lackey Hershman and its partners have successfully served as lead defense counsel in a large number of complex commercial cases throughout the country for a wide array of clients. Indeed, every Lackey Hershman partner has been counsel on a successful defense of a multi-million dollar claim.
· Lackey Hershman represented Bridge Capital and Sunset Management LLC in a number of different matters, including defense matters. The firm recently defended Bridge Capital in obtaining dismissal of a $16 million lender liability and fraud lawsuit in the Southern District of New York and forced the SEC’s receiver to disgorge the collateral.
· Lackey Hershman defended Sunset Management LLC, Capital One LLC, and Vestin Mortgage in obtaining a dismissal of $26 million of securities fraud claims against them in the Southern District of New York.
· Lackey Hershman defended Sunset Management LLC in the Eastern District of Texas and obtained dismissal of a $30 million securities fraud lawsuit and obtained a judgment for $62 million.
· Lackey Hershman defended a multi-million dollar lawsuit against the owner and president of a broadband networking company, Kruse Holdings, based on allegations that the company and the president breached its obligations towards an investor in the company. Lackey Hershman obtained a summary judgment against the plaintiff on all of his claims
· Lackey Hershman defended the owners and managers of a hotel management company that owned and operated the Two Bunch Palms Resort in California in several lawsuits, including dispute with their partners related to the management of the resort and a dispute with a potential purchaser of the resort related to an alleged binding contract to sell the resort. Lackey Hershman obtained a dismissal by the court in California of all claims against its clients related to the alleged agreement to sell the resort.
· Lackey Hershman partners defended the officers and directors of Foxmeyer, one of the nation’s largest healthcare distribution chains, in numerous breach of fiduciary duty cases arising from the bankruptcy of Foxmeyer.
· Lackey Hershman partners defended Security Life of Denver, an ING owned life insurance company, against vanishing premium claims in a nationwide class action seeking damages in excess of $750 million. The “policyholders” were high net worth individuals using the policies as an investment vehicle and tax shelters.
· Lackey Hershman partners defended Starwood Hotels and Resorts against claims of alleged breach of fiduciary duties and contract relating to hotel management contracts stemming from Starwood’s acquisition of the Sheraton and Westin chains. This defense entailed a legal review of more than 250 management contracts and involved lawsuits and disputes all over North America.
· Lackey Hershman partners also defended one of the largest franchisees of Embassy Suites in cases involving twenty-two long-term franchising management contracts.
· Lackey Hershman partners defended Source Corp. in New York in a $20 million fraud breach of contract case and obtained a defense verdict.
· Lackey Hershman partners defended Bayou Steel and RSR Corporation in multi-million dollar environmental claims that resulted in favorable settlements.
· Lackey Hershman partners defended Olympia & York, obtaining a defense judgment dismissing Bank of New York’s $20 million claims regarding alleged guaranty claims and usury counter-claims.
· Lackey Hershman partners defended Drexel in dozens of claims brought in the Drexel bankruptcy relating to various types of financial instruments and contracts.
· Lackey Hershman partners defended the Department of Energy, the University of Chicago, the University of California, and the University of Rochester in claims brought by individuals claiming to be injected with plutonium as part of a Manhattan project. This representation resulted in extremely favorable settlements.
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