Representative Cases

EXAMPLES OF REPRESENTATIVE MATTERS USING VARIOUS ALTERNATIVE FEE ARRANGEMENTS

Since the firm's inception in 2008, we have handled hundreds of litigation cases across the country using AFAs. We have used arrangements that range from fixed fee based on phases, contingencies, partial contingencies, retainer-based fees, portfolio fees, hybrid billable hour caps + bonus and all things in between. We are nimble enough to be able to customize fee arrangements to meet the goals of our clients. We always add a bonus component tied to results (and expressly set out in the engagement agreement at the onset) so our clients know our interests are always aligned.  Here are a few examples -- we can discuss others in person -- there is, after all, only so much room on the page: 

  • Defended national shoe retailer in breach of lease action in Los Angeles County Superior Court after client terminated its lease and abandoned its presence at a major Los Angeles shopping center. The matter went to trial where the jury found for our client on the Landlord’s claim and on our client’s fraud counterclaim.  (Fee Arrangement: fixed fee by phase of case, with success bonus, including gift cards for all employees!)

  • Breach of licensing agreement and fraud claim defense of a national corporation -- federal court - Northern District of Illinois. (Fee Arrangement: fixed fee by phase, plus bonus). Plaintiff's breach of fiduciary duty/aiding and abetting claim on behalf of angel investors and minority shareholders. California state court. (Fee Arrangement: fixed fee by phase and contingency, which included cash and stock award).
  • Fraud and breach of fiduciary duty claim defense of a foreign managing director brough by global Fortune 500 company -- federal court - Northern District of Illinoi. (Fee Arrangement: fixed fee by phase, plus bonus). 
  • Defended a start-up medical device technology company in a contract dispute with its then-exclusive distributor. The case was “bet the company” litigation for the client because the exclusive distributor violated its agreement to market and sell the company's product, while using its financial leverage to prevent the company from competing in the marketplace through different distributors. In less than a year, Valorem was able to resolve the litigation on more favorable terms than could have been achieved had the matter been litigated to complete victory. (Fee Arrangement: Understanding the client’s financial constraints and its need to focus on growing its business, Valorem used a capped fee arrangement plus stock warrants in lieu of a portion of its fees.)

  • Defended travel website in protracted arbitration and related TRO action brought by client’s strategic partner asserting breach of contract issues.  (Fee Arrangement: monthly fixed fee with discretionary bonus).

  • Defending travel website in patent litigation related to online searching.  (Fee Arrangement: fixed fee by phase, plus success bonus).

  • Handled appeal of dismissal of action in California state court. (Fee Arrangement: fixed fee for appeal).
  • Handle all “general” matters prior to litigation for client, including 3rd party subpoenas, sending/responding to cease and desist letters, etc. (Fee Arrangement - monthly retainer).

  • Administrator of energy equipment manufacturer’s unique multi-firm litigation program.  (Fee Arrangement for administration work: monthly retainer.)  Individual litigation matters are handled using the Company’s ACES® fee system.

  • Represent operator of cemeteries nationally in a wide variety of disputes, including defending a putative class action regarding flooding and handling breach of contract and customer dispute issues involving burial-related issues.  (Fee Arrangement: the class certification portion of the case is being handled on a fixed fee with holdback and potential success bonus.  Customized fee arrangements for other cases).
  • Copyright infringement action against travel website for copying client’s commercial. (Federal district court -- Connecticut). (Fee Arrangement: fixed fee by phase with bonus)

 
  • Represented individual who was wrongfully convicted of murder as a teen and served 16 years in prison before being exonerated, in civil rights jury trial. Verdict of $25 million is currently on appeal. (Fee Arrangement: for both underlying action and appeal – contingency).

  • Represented international company in dispute with financially-distressed supplier to secure injunctive relief requiring the supplier to release proprietary tooling and a shipment of finished products that the supplier was holding hostage. The client's goal was to immediately secure the proprietary tooling to start production with a new supplier and to obtain the shipment to avoid extensive penalties for late delivery to its largest customer. We were able to meet all of the client's goals over the course of 5 days. (Fee Arrangement: flat fee). Other cases handled on customized fee arrangements.

  • Represented company in a breach of contract claim brought by the former CEO and Chair of the company who was removed, along with the rest of the Board of Directors, by an independent ESOP trustee. The goal was to resolve the matter as soon as possible so the client could move on with its business.  We were able to resolve the matter within 4 months. (Fee Arrangement: monthly fixed fee with bonus).

  • Represented lender accused of conversion after it swept its borrower's bank account, over which it had a security interest and account control agreement. This was a case of first impression after the Uniform Commercial Code amendments relating to control over bank accounts. We took the case on appeal and were able to favorably resolve it on behalf of our client and a surety who had posted a bond for the judgment amount. (Fee Arrangement: fixed sum for appeal).

  • Represented internationally renowned architecture firm to recover its fees relating to work performed on Chicago's famed Block 37 project, which was disrupted by the placement of a Receiver and issues with the project's developer. (Fee Arrangement: blended hourly rate plus creative bonus arrangement).

  • Represented credit union in insurance coverage litigation. We agreed with other side to forego discovery and submit cross motions for summary judgment. Our client won, paving the way for a favorable settlement. (Fee Arrangement: fixed monthly fee with bonus).

  • National Trial Counsel for a pump manufacturer in asbestos litigation pending in 36 states.After several trials, several major plaintiffs firms stopped suing the client and others have entered into nominal settlement agreements on mesothelioma matters. (Fee Arrangement: fixed fee with holdback distributed annually based on client satisfaction).

  • Represent client in an estate fraud issue. We handled the matter at the trial level in Arizona, and on appeal. (Fee Arrangement: hourly for trial; fixed fee on appeal).

  • Negotiated pre-complaint settlement of fraud and theft claim against nationally known jeweler’s former accountant. (Fee Arrangement: contingency).