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Practices + Industries

Business and Commercial Litigation

Overview

Our business litigators are comfortable using the courts to solve problems for which no other solution can be found.  Years of experience mean that we are not being trained on our client’s time but that we can, from day one, provide value in moving the dispute toward a favorable resolution.  We recognize that such litigation is often unique for our client since this may be the only case in which the client is ever involved.

Experience in presenting matters through litigation includes basics like understanding the cutting edge of the law, using technology to both collect and present evidence, undertaking no more work than is necessary to address each particular situation, and always being on the look-out for an acceptable solution.  A unique feature of much business litigation is the close connection between the dispute and the continuing operation of the client’s business.  Recognizing that the legal matter cannot be dealt with as a separate item requires that our attorneys understand each client’s business and its people so that any advice or actions improve the client’s overall perspective.  These are the constant guidelines for our experienced litigators.                                          

We serve our business litigation clients in the following areas:

Accounting and Financial

  • Representation of accountants in actions alleging professional negligence or when faced with difficult client representation issues.
  • Representation of businesses with concerns arising from work performed by accountants.
  • Wide range of accounting actions, including actions involving audits, compilation and review engagements, financial statements, opinion letters, professional standards, accounting disclosures, and withdrawal from an engagement.
  • Internal Financial Fraud.

Accounts Receivable Collections

  • Commercial collections
  • Foreclosures                                  
  • Mechanics liens

Admiralty and Maritime

Banking

  • Dishonesty
  • Bonds
  • Fraud
  • Checks

Class Actions

Construction Bonds

Employment Matters 

General Business Litigation

  • Representation of businesses, shareholders, directors, and officers in a wide range of matters in both litigation and non-litigation contexts.                                   
  • Representation of majority and minority shareholders in shareholder and member disputes, buyouts, dissenters’ rights, corporate control disputes, squeeze-outs, intra-corporate conflicts, sale of control, corporate changes, amendment of shareholder rights, voting, sale of assets, value and fair value of stock or member interests, accounting, and dissolution matters.
  • Counseling and assistance in drafting corporate and organizational documents, including but not limited to contracts, operating agreements, management agreements, bylaws, employment contracts, share transfer restrictions, notices of dissenters rights, bylaw amendments, notices to shareholders, demands for shareholder information, and notice of exercise of dissenters rights. 

Intellectual Property

  • Trade secrets
  • Patents
  • Trademarks

Real Estate 

  • Water
  • Easements
  • Boundaries

Securities Litigation 

  • FINRA arbitration
  • Securities Exchange Commission enforcement actions

Representative Engagements

  • Turner Padget represented a small software company that was pulled into the South Carolina courts by a nationwide company.  Over the course of three days, we presented a case to the federal court which convinced the court to rule in our client’s favor on all contract issues and on each question of damages.  The court even directed that the contract is continuing so that the opposition continues to make quarterly payments.
  • Represented a regional accounting firm and two of its members in an accounting malpractice action filed by three former clients’ bankruptcy trustees, several actions and a putative class action filed by the former clients’ investors, and an action filed by one of the former clients’ officers in federal court in South Carolina. Plaintiffs sought damages in excess of $200 million and their allegations included that the accounting firm failed to appropriately perform its audit in accordance with applicable professional standards and to disclose the true financial condition of the companies. Turner Padget asserted claims on behalf of the accounting firm against the former clients and their officers and directors. After a multi-day mediation, the claims were settled advantageously for the client.
  • We have represented accounting firms in connection with alleged professional negligence claims involving errors in compiled financial statements.  Prior to the filing of one lawsuit, Turner Padget negotiated a settlement of a claim that the accounting firm incorrectly reported accounts payable.  In another action, Turner Padget settled claims that the accounting firm failed to detect the embezzlement of funds by the company’s bookkeeper.
  • Turner Padget represented a limited liability company, its members, and a successor entity in an action filed by a distributor claiming a membership interest in the limited liability company.  Claims included breach of contract, tortious interference with contract, negligent misrepresentation, fraud, breach of fiduciary duty conversion, unjust enrichment, and successor liability.  Turner Padget asserted counterclaims on behalf of it’s client for breach of contract, breach of the duty of loyalty, conversion, unjust enrichment, accounting and constructive trust, misappropriation, negligent misrepresentation, and fraud. 
  • Defended a former treasurer and employee of a large public retail company in an action filed by the Securities and Exchange Commission pending in federal court in South Carolina, an action pending in federal court in New York filed by the company’s insurer, and an action pending in federal court in Florida filed by one of the company’s investors.  The three actions involved claims that the client and other officers overstated in-transit inventory, the borrowing base under the company’s credit facility, and liquidity, thereby resulting in the advancement of additional loans that the company could not repay and the company’s bankruptcy.  Claims asserted included negligent misrepresentation, violation of the Florida Securities Act, fraudulent inducement, civil conspiracy, violations of the Securities and Exchange Act.  Claims were also asserted by the company’s bankruptcy trustee, unsecured creditor’s committee, and lender.  Damages sought by the various parties were in excess of $50 million, plus prejudgment interest, attorneys’ fees, and costs. Turner Padget also represented in the client in connection with investigations and findings by the American Institute of Certified Public Accountants and the South Carolina Board of Accountancy.  All claims were resolved.