Business & Commercial Litigation

Experienced
guidance

Overview

Business and commercial disputes are understandably stressful for a company’s owners and leaders. The litigation process requires working toward a solution while maintaining operations.

Companies need legal counsel who show up prepared, are armed with knowledge and experience, and find value in moving the dispute forward efficiently for a favorable resolution.

Our litigators utilize their years of experience to find creative solutions for clients when all hope seems lost. Our Business & Commercial Litigation Practice understands the complexities of cutting-edge business law, and we use technology to collect and progressively present evidence. We explore our clients’ business goals, pain points, risk factors and expectations to help all parties involved make sound and practical business decisions. At the end of the day, our ultimate goal is to exceed our clients’ expectations.

Experience

  • 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, convincing 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. The 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.
  • Represented various accounting firms in connection with alleged professional negligence claims involving errors in compiled financial statements. Prior to the filing of one lawsuit, we negotiated a settlement of a claim that the accounting firm incorrectly reported accounts payable. In another action, our team settled claims that the accounting firm failed to detect the embezzlement of funds by the company’s bookkeeper.
  • 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. The claims included breach of contract, tortious interference with contract, negligent misrepresentation, fraud, breach of fiduciary duty conversion, unjust enrichment and successor liability. We asserted counterclaims 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 (SEC) 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 our 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. The claims asserted included negligent misrepresentation, violation of the Florida Securities Act, fraudulent inducement, civil conspiracy, and violations of the Securities and Exchange Act. The claims were also asserted by the company’s bankruptcy trustee, unsecured creditor’s committee and the lender. The damages sought by the various parties were in excess of $50 million, plus prejudgment interest, attorneys’ fees and costs. We also represented the client in connection with investigations and findings by the American Institute of Certified Public Accountants (AICPA) and the South Carolina Board of Accountancy. All claims were successfully resolved.

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35 Attorneys

Leaders SC Bar