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Guerra & Partners

Commercial Litigation

Our lawyers have decades of experience handling a wide array of business disputes. We are frequently engaged to assist in the resolution of contract disputes, including commercial or consumer transactions, shareholder and partnership disputes, dissolutions of corporate entities, trade secrets, promissory notes, and enforcement or defense of restrictive covenants like non-compete and non-solicitation agreements.

We have considerable experience in representing corporate officers and directors in claims for breach of fiduciary duty and other claims related to the performance of their duties.

Representative Matters

  • Obtaining award in AAA arbitration in favor of client defending claims of breach of contract.
  • Served as court-appointed Special Litigation Committee to evaluate derivative claims asserted by a shareholder.
  • Obtained dismissal of securities class action claim alleging violations of federal securities laws in connection with the sale of equity indexed annuities, with ruling that equity indexed annuities are not securities.
  • Defense of claims by a minority trade group association of a multimillion dollar claims asserting mishandling of the association’s accounts.
  • Prosecution of a manufacturer’s former senior executive in connection with the theft of trade secrets and certain corporate opportunities.
  • Co-counsel in obtaining a $4.2 million arbitration award and complete dismissal of $7.8 million in counterclaims, and subsequent confirmation of the arbitration award over a motion to vacate;
  • Obtained emergency ex parte order of temporary injunction in dispute concerning the improper withholding of funds.
  • Defeated temporary injunction alleging violations by former employees of non-compete agreements.
  • Representation of shareholders in shareholder dispute concerning claims for fraud, conversion, and breach of partnership agreements.

Areas of Concentration

  • Securities and Financial Services Litigation
  • Non-compete & Raiding Litigation
  • Partnership Disputes
  • Class Action Litigation

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