Business & Commercial
SAKG’s business and commercial litigation practice covers a wide spectrum of disputes that arise from business relationships and transactions.
The firm’s collective experience brings to bear decades in the courtroom and at the negotiation table. The skills of our lawyers have been recognized by our peers and several prestigious organizations, including Best Lawyers in America and Chambers and Partners.
Whether litigating a simple contract dispute or a complex business tort action, the firm combines determined advocacy with grounded advice. We have handled and possess extensive experience with the following types of matters:
- Conducting independent investigations of alleged wrongdoing
- Contract disputes
- Class actions
- Food labeling claims
- Shareholder and partner disputes
- Insurance coverage and bad-faith claims
- Consumer Protection Act allegations
- Uniform Commercial Code actions
- Fraud, breach of fiduciary duty, and other business torts
- Real estate and mortgage litigation
When business transactions go awry, contracts are breached, or other disputes occur in the corporate world, we have seasoned trial lawyers with capacity to assist clients with just about any business dispute, anywhere.
Business & Commercial Litigation Results
The following are a few examples of our recent experiences and successes:
- Won $6 million verdict for small Kansas City awards company whose general sales manager began working for a large competitor before quitting his job and secretly misappropriated sales orders and confidential client information to benefit the competitor.
- Achieved unanimous defense verdict in Oregon federal court in action in which the plaintiff, a loan servicing company and subsidiary of a large debt collection firm, alleged that SAKG’s client misappropriated trade secrets related to student loan servicing software that our client and his former employer developed for plaintiff.
- Represented regional grocery retailer and served as lead defense counsel in putative class action brought on behalf of Missouri consumers. Putative class sought more than $7 million in damages arising from alleged mislabeling of nutritional contents of food supplement. Obtained dismissal of action with prejudice prior to commencement of discovery.
- Represented WireCo in arbitration proceedings filed by a computer consultant that designed and installed ERP software for WireCo’s multiple manufacturing and management offices. WireCo counterclaimed for breach of contract and professional negligence. The consultant sought over $3 million from WireCo, but the arbitrator awarded a net of $2.2 million to WireCo.
- Served as lead counsel and represented Canadian manufacturing company in commercial arbitration before the International Centre for Dispute Resolution. Client asserted claims against Global 500 international company for wrongful termination of distributorship agreement. Following seven-day evidentiary hearing, client was awarded all claimed damages, plus reimbursement of all administrative expenses and costs.
- Represented ammonium nitrate producer in AAA arbitration against supplier of anhydrous ammonia seeking refund of portion of tariff reparations that supplier recovered from pipeline operator in action before Surface Transportation Board. Overcame supplier’s legal defenses, including the parties’ prior execution of a release that arguably barred claims, and successfully obtained award for full amount of client’s claim.
- Represented former Westar Energy Chief Strategic Officer in third pending federal criminal trial on charges arising out of actions taken during his tenure. After convincing Justice Department to drop charges shortly before the trial was to begin, took the lead in arbitration proceedings against Westar for termination benefits and other claims. The arbitration matter settled confidentially, but Westar reported in its SEC filings and to the press that it paid Mr. Lake a total of $26 million.
- Represented several defendants in a nationwide class action in Western Kansas against most participants in the natural gas pipeline industry alleging improper measurement of natural gas at all natural gas wells in the United States on private land. Selected to be one of the lead counsel of the defense group, taking the lead in factual and expert depositions and arguing class certification motions. The class was not certified.
- Represented hedge fund manager in $30 million arbitration claim filed by another hedge fund with which the client had a contractual relationship. Confidential, but extremely positive, result after two-week arbitration before JAMS in Los Angeles.
- Litigated a wide variety of consumer claims in various industries, including automobile financing, retail, airline ticketing, and title insurance.
- Successfully prosecuted claims of breach of contract and fraud on behalf of bank after it successfully foreclosed on collateral pledged by debtor which included a minority stake in a privately held family business. The majority owners had attempted to block the redemption of the stock at the fair and agreed value.
- Obtained summary judgment in federal court for manufacturer sued by supplier alleging breach of a requirements contract for component parts and damages exceeding $1 million. Supplier previously purchased assets from bankruptcy estate and unsuccessfully claimed an executory contract with our client was acquired with the bankruptcy assets.
- Represented conveyor manufacturer in $8 million contractual indemnity claim arising out of commercial loss at manufacturing facility. Majority of claims dismissed on summary judgment in federal court; remainder of case resolved for nominal sum.
