Update: last year we defeated an aggressive and totally unwarranted emergency injunction application, by which a title insurer sought to avoid its claim payment obligations to a policyholder (our client). The Court -- adopting our arguments in their entirety -- described the insurer's application as a "manifest failure." A year later, we have a total victory. Following our defeat of the injunction application, we took the matter to arbitration. After discovery and a full hea

We're 3-0 on emergency injunctions for our clients in the last year. Past results are no guarantee of future success, but they don't mean nothing: * Successfully obtained a temporary restraining order in the United States District Court, to enjoin an international acquisition, pending the issuance of instructions by the parties, so that our client (an advisor on the transaction), would be paid from the proceeds at closing. * Successfully defeated the injunction application of

Yesterday we were called, with less than a day's notice, to learn the facts of a complex real estate lawsuit involving disputed easements across thirty years. We were asked to oppose an emergency application by our client's title insurer, which had accepted coverage to pursue the litigation, but which was now seeking to stay the lawsuit and reverse its coverage decision on an emergency basis. Today the Court rejected the insurer's emergency application. The Court stripped the

Though a small portion of a transaction, advisory fees can be hundreds of thousands or millions of dollars. It is thus not surprising that renegotiations, disputes, and lawsuits frequently arise on the eve or consummation of a financing or M&A transaction. This note discusses some key issues related to advisory fee disputes, and ‘best practices’ to assist clients in avoiding and resolving them. Issue 1: Define the Mandate Clearly What begins as the sale of a company may turn

Today we won a $3.4 million case for our client, StormHarbour Securities LP. After several years of litigation--and just weeks after a spirited oral argument on appeal--the Appellate Division agreed with us that StormHarbour is entitled to payment of its 'tail fee' for introducing investors to an investment fund. It is a privilege to represent great clients. The Defendant was represented on appeal by Boies Schiller & Flexner LLP. Earlier this year, we posted about tail fee p