Complex Business & Securities Litigation
Munsch Hardt trial attorneys prosecute and defend complex business and securities lawsuits and arbitration proceedings throughout the United States and the world. We recognize disputes in the business world involve unique issues and risks that often implicate multiple parties, involve conflicting interests and necessitate parallel proceedings in various forums. Navigating through or around the difficulties inherent in these disputes requires experienced trial attorneys with a clear sense of legal and business strategies. Our trial attorneys bring to the courtroom and the boardroom the abilities to identify and capitalize on strategic opportunities, assess risk, creatively resolve sophisticated issues and aggressively try complicated disputes. Our goal in every complex dispute is to maximize positive results consistent with our clients' business objectives.
Our Complex Business & Securities Litigation group has extensive experience in a broad range of complex business and securities related disputes including:
- Broker-dealer litigation
- Class actions
- Commercial mortgage-backed securities (CMBS), collateralized debt obligation (CDO) and collateralized loan obligation (CLO) disputes
- Contract breaches and business torts
- Corporate, partnership and venture control litigation
- Creditor committee and liquidating trust claims
- Director and officer liability litigation
- Internal corporate and board investigations
- Merger and acquisition litigation
- Regulatory investigations and enforcement proceedings
- Securities fraud litigation
- Shareholder disputes, derivative proceedings and fiduciary duty litigation
- Trustee and receivership proceedings
- Representation of Samsung Telecommunications America, LLC in various commercial cases related to dealer contracts, distribution agreements and marketing promotion agreements.
- Representation of ClubCorp USA, Inc. and various ClubCorp USA, Inc. country clubs in arbitrations and class actions around the country involving issues ranging from interpretation of payment provisions of asset acquisitions to disputes over membership policies.
- Representation of an American private equity firm in a large international arbitration regarding a failed business venture in Dubai. The private equity firm had contracted with a local Dubai entity for the purchase of 38 acres of prime real estate for the purpose of building a mixed-use development. This was the first land-sale contract executed by a non-Dubai citizen, completed shortly after the laws in Dubai were changed to attract outside investors. As the client started to clear the land for development, it was discovered that there were issues with title to the property. The client halted construction and the opposing party canceled the contract. Munsch Hardt arbitrated the matter in the Dubai International Arbitration Center before a world renowned English arbitrator.
- Representation of an international specialty manufacturer and distributor in litigation relating to the actions of a former officer.
- Representation of a large energy construction contractor to obtain a $2.3 million trial verdict/recovery in bankruptcy court against a landfill project and private equity group.
- Representation of Computer Sciences Corporation, as plaintiff, in declaratory judgment trial before bankruptcy court for the United States District Court for the Southern District of New York in the Delphi Corporation bankruptcy involving interpretation of $100 million per year services contract for the provision of global computer services.
- Representation of Falcon Express International, Inc. in obtaining an unanimous jury verdict against DHL Express (USA), Inc. in a commercial dispute pending in a Houston, Texas state district court. Falcon Express International, Inc. was a reseller of DHL Express (USA), Inc. shipping services who alleged that DHL Express (USA), Inc. fraudulently induced Falcon Express International, Inc. into the transaction. DHL Express (USA), Inc. countersued, seeking $3.2 million in damages for breach of contract. After two weeks of trial, the jury unanimously concluded that DHL Express (USA), Inc. fraudulently induced Falcon Express International, Inc. by failing to disclose material facts and awarded Falcon Express International, Inc. more than $1.7 million in damages and more than $3.2 million in punitive damages. Although the jury concluded that Falcon Express International, Inc. breached the contract, it awarded DHL Express (USA), Inc. zero in damages.
- Representation of an independent refinery that is jointly owned by several independent production and exploration companies in the prosecution of claims for securities fraud against four of the largest full-service banks in the world. It invested in Student Loan Auction Rate Securities (SLARS) underwritten and sold by the defendants as supposedly liquid money market type investments. These became illiquid when the market for Auction Rate Securities collapsed in 2008 and arbitration was under the Rules of the Financial Industry Regulatory Authority (FINRA).
- Representation of one of the largest telecommunications companies in the world, as lead defense counsel, in a class action case involving three million mobile phones. The case was brought in Madison County, Illinois where the plaintiff sought up to $150 million, which was successfully dismissed.

