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Represented the major shareholder, officer, and director, and his related management companies, defending against shareholder derivative, fiduciary breach, and embezzlement claims seeking over $90 million in damages
Represented a Registered Investment Advisor accused by the Securities and Exchange Commission (SEC) of selling $6.2 million in unregistered securities in violation of Sections 5(a) and 5(c) of the Securities Act of 1933 (15 U.S.C. §§ 77e(a) and 77e(c)), and Section 15(a)(1) of the Securities Exchange Act of 1934 (15 U.S.C. § 78o(a)(1).
Represented residential real estate developer in American Arbitration Association (AAA) arbitration proceeding against Forza Construction for causing approximately $2 million in damages due to allegedly unjustified delays in completing the construction of high end luxury homes in Venice Beach, California.
Represented prominent business family and their closely held companies in lender liability actions against several international banks
Defended guarantors of company loans in several Adversary Proceedings in U.S. Bankruptcy Court seeking nondischargeable money judgments (Appellate Briefs Attached)
The Firm has been engaged to represent the founding member of the Specialty Surgical Centers of Beverly Hills, Encino, Irvine, Arcadia and Thousand Oaks in suing Symbion, Inc. and affiliated defendants for conspiring in bad faith and in breach of their fiduciary duties to freeze out and squeeze out the founding member’s 11.3% LLC ownership interest. Symbion, Inc. and affiliated Physician Investors sued for whistleblower retaliation for anti-kickback act violations
The Firm has been retained by an investment company to bring lender liability claims against Bank of America, Wachovia, and Wells Fargo regarding a $233 million credit facility for an international home furnishings manufacturer and distributor.
The Firm has been retained by minority interest holders to sue Avanti Healthcare Holdings, LLC, Avanti Hospitals, LLC, Paladin Capital, LLC, Hollister Health Holdings LLC, and certain of their principals, for fraud and fiduciary breaches, and related injunctive relief (among other claims), relating to over $67 million that the majority interest holders controlling the Avanti hospital group have used to pay secret dividends and distributions to themselves at the expense of minority interest holders.
The Firm has been retained to advise a partner of a powerful Los Angeles litigation boutique in connection with dissolution allocations and rights to profit sharing on pre-dissolution cases, and to bring partnership and breach of fiduciary duty claims if necessary under the applicable partnership agreement and the Revised Uniform Partnership Act.
The Firm has been retained as the Bankruptcy Court-appointed and approved Special Litigation Counsel to the primary secured creditor of two debtor companies, acting on behalf of the debtors' estates as their Special Representative under the Bankruptcy Code, to prosecute claims against the former majority shareholder, director and other insiders of the debtors, including their former outside general counsel, for breach of fiduciary duty, aiding and abetting breaches of fiduciary duties, avoidance of fraudulent conveyances and insider preferences, and legal malpractice.
The Firm has been retained to defend a well-established insurance and financial services company and its senior executive from several federal and state proceedings, and related FINRA actions, arising from the marketing and sale of investment contracts issued by a defunct company accused of operating a Ponzi scheme.
Mark Anchor Albert and Associates files indemnity and contribution action against MetLife, Inc., New England Securities, and New England Life Insurance Co.