Commercial and Business Disputes

Waymaker handles a wide range of commercial disputes, including breach of contract, fraud, negligence, interference, breach of fiduciary duty, legal malpractice, and real property claims in federal courts, state courts, and arbitral tribunals across the country. The firm has represented Fortune 500 companies such as DirecTV and Rolls-Royce, as well as closely held companies and individuals in a broad range of commercial disputes.

For instance, we successfully defended an aviation startup client against multi-million dollar claims brought by an investment bank over a round of financing the client had raised. After a five-day arbitration – and after the bank had rejected a substantial settlement offer – the firm demonstrated the bank’s claims were wholly without merit. The arbitrator agreed, entering an award for the client that included an award to the firm’s client of nearly all our clients’ attorneys’ fees and costs.

In each case, the firm develops a strategy specific to each client’s needs. We strategically employ dispositive and other motions, always with an eye toward the client’s ultimate goal. We often recover our clients’ fees and costs as prevailing parties in litigation or as monetary sanctions for discovery abuses or violation of California’s anti-SLAPP law.

We are also skilled at employing alternative dispute resolution to accomplish client goals. We accept certain cases on a contingency or hybrid fee arrangement.

Representative Engagements:

• McGladrey Capital Markets v. Icon Aircraft, Inc.
  Successfully defended client in an arbitration against multi-million dollar claims brought by an investment bank over a round of financing that had been raised for the client. After a five-day long arbitration, the arbitrator ruled in our client’s favor. The bank was ordered to reimburse our client for its attorneys’ fees and costs.

• Brett Barrett v. Broad Green Pictures, LLC
  Successfully represented a designer in a substantial breach of contract dispute against a high net worth individual and his motion picture company arising out of a contract to design a residence in the Hollywood Hills. After successfully consolidating the parties’ disputes into a single action and compelling arbitration of all disputes, we conducted discovery to obtain valuable testimony and evidence. Days before the start of the evidentiary hearing, the client settled on favorable and confidential terms.

• LABC Productions, LLC v. USSE Corp., LLC
  Represented a DirecTV subsidiary production company in a lawsuit related to the production of a reality television featuring female surfers searching for the perfect waves around the globe. Our client had paid defendant pursuant to the contract, but the defendant never produced the required content. After discovery revealed significant misconduct by defendant and its principals – which led to multiple claims against various parties – the case settled at mediation. The firm’s client obtained a substantial recovery.

• Michael Monaghan v. UBS Financial Services, Inc.
  Represented a broker who had been terminated by the defendant in a dispute over forfeiture of significant commissions. While the case proceeded in FINRA arbitration, the parties mediated. The parties settled. Our client recovered his expected income and launched a new startup technology company.

• Pro-Packing, Inc. v. Rolls-Royce Energy Systems Inc.
  Won summary judgment for defendant Rolls-Royce in a dispute arising out of the construction of an oil platform. We established the plaintiff never had any contract with the defendant and demonstrated that there was no valid theory of equitable relief. The trial court granted our client summary judgment on all claims.

• Sina Fuel, Inc., et al. v. Air Products and Chemicals, Inc.
  Defended a publicly-traded supplier of hydrogen refueling and refueling stations in a commercial dispute brought by an entity that alleged it formed a partnership for hydrogen refueling stations. After extensive discovery, which revealed significant misconduct, the matter was resolved favorably and confidentially on the eve of trial.

• Whittaker v. Glaser Weil Fink Howard Avchen & Shapiro LLP
  Represented a trustee in a dispute against a law firm that allegedly mishandled a $20 million-plus residential real estate transaction. We aggressively pursued the client’s claims for legal malpractice and breach of fiduciary duty and defended against counterclaims for legal fees. Shortly before trial and after defeating the law firm’s motion for summary judgment, our client obtained a favorable settlement.

• Sina Fuel, Inc. et al. v. Air Products and Chemicals, Inc
  Defended a publicly-traded supplier of hydrogen refueling and refueling stations in a commercial dispute brought by an entity that alleged it formed a partnership for hydrogen refueling stations. After extensive discovery, the matter was resolved favorably and confidentially on the eve of trial.