Litigation Pleadings

U.S. Securities and Exchange Commission v. Chamberlain

In this securities fraud prosecution brought in federal court in the District of Columbia, we represented Steven Chamberlain, the founder, former CEO and Chairman of the Board of Integral Systems, Inc., a satellite communications pubic company based in Columbia, Maryland. The SEC alleged that an Integral employee, who had a prior criminal conviction for financial fraud, was a defacto executive officer of Integral whose role in the company was not fully disclosed. We moved to dismiss all counts of the SEC’s complaint on various legal grounds prior to Mr. Chamberlain’s death (and later dismissal of the government’s case against him).

Bose v. The Householder Group LLLP

We represented an investment adviser against his former investment adviser firm and filed an aggressive and preemptive declaratory judgment lawsuit in Maryland federal court, requesting the Court to declare that a liquidated damages clause in a contract between the parties was unenforceable under Arizona law. The case settled on terms favorable to Mr. Bose during a mediation conducted by a federal magistrate.

John Snow Inc. v. USAID

We represented Boston based John Snow, Inc. (“JSI”) in a government contracts dispute with the U.S. Agency for International Development over a “Cost Plus Fixed Fee” contract and the government’s claim that incubators supplied to Egyptian health care facilities were defective. JSI had implemented health care projects in more than 84 countries and for more than 25 years without a single litigation dispute before this case arose. Here, we sued USAID to recoup payment for the incubators.  In the case, we filed a motion for summary judgment on grounds that the equipment was mishandled by the Egyptians in the field (for example, used for heating lunches; electronics washed with soap and water) and that the government’s prior payment offset from other monies owed under the contract was a breach of contract.  Shortly after the federal court found there were material facts in dispute, but before depositions were taken, the government settled on terms favorable to JSI.

Capalbo v. Samson Realty LLC

In this case filed in the Circuit Court of Fairfax County, Virginia, we represented a real estate agent in her claim for unpaid real estate listing commissions against her former employer. When the employer-defendant first moved to dismiss the case, we filed this opposition which caused opposing counsel to voluntarily withdrew its motion.  Opposing counsel, a former Fairfax County judge, was very complimentary of our opposition.

Stone Street Capital Inc. v. Eric G.

We filed a complaint and a motion for a temporary restraining order (TRO) in the Circuit Court for Montgomery County, Maryland, against a former employee of Stone Street who had allegedly solicited customers and competed against our client by using its confidential database of prospective customers and leads. The Court entered an injunction against the employee. After depositions, the employee agreed to the entry of a permanent injunction.

Amzco Surgical Devices v. New TransCentury Foundation

After successfully removing a $5 million state court case to the federal court in the Eastern District of Virginia (the “rocket docket”), we filed a rarely used Motion for Judgment on the Pleadings.  In this pleading which was a hybrid of a motion to dismiss and a motion for summary judgment, we demonstrated to the court that the plaintiff could not prove any set of facts whatsoever in support of its claim which would entitle it to the relief requested in its lawsuit. In a hearing in open court, the court agreed with us and dismissed the complaint.