We specialize in complex, multi-party disputes involving claims for substantial sums of monies misappropriated by wrongdoers who have breached the trust and duties owed to business owners, partners, LLC members, trust beneficiaries, individuals and family members. Prior representations by Mr. Armstrong include the following:
The Challenge: Ousted company founder and Chief Executive sued our client, the company, seeking damages for defamation, conversion of allegedly personally-held patents and claim of ownership in company.
The Solution: Swift response with countersuit for recovery of damages caused by executive’s sabotage of company data, interference with company operations, harassment of company employees, and wasting company assets. Engaged in focused discovery and presented forceful defense of claim and prosecution of countersuit during six-week jury trial.
The Result: Our client controls the disputed patents, retained ownership of company, and obtained a net verdict of $2.3 million at trial.
The Challenge: Our clients advanced substantial seed money for a new enterprise, and entrusted operations of the business to a family member and associate, who soon began converting corporate monies and opportunities to their personal gain, claiming ownership in the company, and denying our clients access to the company location and company records.
The Solution: We locked the wrongdoers out of the facility, obtained a TRO freezing company assets from further misuse, obtained access to all company records, and used those documents to press for court relief against the tortfeasors in state court, and then into bankruptcy court, undeterred by their gambit to avoid liability.
The Result: Our clients now own the business outright and are operating successfully.
The Challenge: An internet giant obtained a .325 million dollar default judgment against our client on a long-term breach of contract claim.
The Solution: We promptly reviewed the file, identified misrepresentations made by opposing counsel in obtaining default, and not only moved to set aside the default, but also sought permanent dismissal of the action from the Arizona courts.
The Result: Default was set aside, the case was dismissed from Arizona, was never prosecuted again, and our client avoided costly litigation as well as liability on the contract.
:: Prosecution of breach of fiduciary duty claims against business operators and business entities for conversion of corporate assets.
:: Special counsel to bankruptcy trustee prosecuting multi-party suit against directors and officers for deepening insolvency.
:: Representation of owners, contractors and subcontractors in multi-party and class action construction defect matters, and select single party matters.
:: Class action, multi-district, and multi-party matters in numerous substantive areas of law including employee benefits, wage and hour claims, and product liability disputes.
:: Click here to read about employment matters we have handled.
:: Click here to read about our real estate litigation experience.
The Challenge: Our client, a successful businessman, went into business with a trusted friend and neighbor, investing a substantial sum of money into the new enterprise, then later returned to his out-of-state residence, leaving day-to-day operations to the neighbor. Simultaneous with our client's departure, the neighbor stopped make timely reports of business information but did claim the new venture was losing money.
The Solution: We scoured the company records, and found that not only was the company profitable, but that the neighbor was using company assets to pay personal bills and build his personal fortune, including acquiring valuable real estate. When the neighbor and his counsel were not forthcoming with all company information, we obtained a court order compelling full disclosure and, still not satisfied, we subpoenaed numerous third party records, which revealed the full extent of the deceit and fraud.
The Result: After deposing the neighbor and his wife regarding their conduct, we settled the case, and our client received his initial investment plus 100% return for his trouble.
The Challenge: After advancing significant monies to a local manufacturer, our out-of-state secured lender reported that the manufacturer was in default on payment, and was moving the secured property outside the state, beyond our client’s reach.
The Solution: We immediately filed a TRO to prevent further movement of the property, hired an inventory appraiser to evaluate remaining value, and repeatedly fought off challenges to the TRO, brought by the head of the bankruptcy department of a large regional firm.
The Result: Without the need for discovery or trial, our client obtained a substantial prompt payment.