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News and Victories

Consumer Class-Action: Complete Dismissal

Plaintiffs filed a nationwide class-action alleging that the client violated the Fair and Accurate Credit Transaction Act (“FACTA”) by printing credit card expiration dates on millions of customer receipts for online transactions. The potential damages exceeded $1 billion. Drafted a motion to dismiss based on a creative interpretation of the statute while simultaneously participating in a joint Congressional lobbying effort to amend FACTA to exempt online transactions. The

Trademark and False Advertising Suit: Complete Dismissal

Mr. Colt represented one of the world's largest software manufacturers in multiple suits for trademark infringement and false advertising brought by H&R Block. The suits included extraordinarily accelerated time-tables, beginning with proceedings for a temporary restraining order and a permanent injunction. One such suit resulted in an unprecedented reversal of a temporary restraining order by the Eighth Circuit Court of Appeals in only five hours. Each suit settled on ext

Trademark and False Advertising Suit: Complete Dismissal

Client was served with a complaint and a motion for a temporary restraining order at approximately 5:00 p.m. Opposition papers were due 8:00 a.m. the following morning. Alleging trademark infringement and false advertising, the plaintiff demanded that the client immediately dismantle a $20 million nationwide advertising campaign that included television, radio, and billboard advertisements, as well as 20,000 taxi-top displays. We worked throughout the night preparing the

Breach of Stock Option Agreement: Favorable Settlement

Represented the former General Counsel of a publicly traded company in a high-profile breach of stock options contract case that arose from what the legal press called “one of the most storied soap operas in recent Silicon Valley history.” Obtained confidential settlement after aggressive litigation and discovery practice. #BusinessLitigation #Employment

Breach of Contract and Unfair Competition: Favorable Settlement

After two years of litigation including removal to federal court and extensive motion practice, Mr. Colt obtained a favorable settlement on behalf of a semiconductor manufacturer which had been sued for an amount in excess of $30 million for breach of contract, breach of implied warranties, unfair competition and related claims. #UnfairCompetition #BusinessLitigation

Breach of Contract: Favorable Settlement

A former executives of the client filed a $20 million demand for binding arbitration, alleging that the client failed to meet certain purchase obligations to promote and market the brand after a merger. After extended, contentious litigation, plaintiffs agreed to a confidential settlement resulting in a complete dismissal of all their claims. #BusinessLitigation

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