Complex Commercial Litigation

We solve high-stakes and complex business problems for our clients quickly, decisively, and cost-effectively, leveraging our deep trial skills, strategic guidance, and sophisticated business judgment.  Litigation involving complex transactions and relationships requires a deep understanding of the subject matter, and the ability to talk about it in plain language so that judges and juries focus on the true dispute.  Dailey LLP litigators have decades of experience handling all types of high-stakes business-related disputes from inception through trial.

We represent our clients in a wide variety of matters, including:

• Disputes arising during or after mergers and acquisitions
• Partnership and corporate disputes among owners
• Disputes with competitors
• Conflict with clients
• Contract disputes
• Fraud and other business torts

Representative Matters

• Secured federal court dismissal of group of investment firms from intercreditor litigation arising from international privately held mattress company’s efforts to recapitalize and restructure amidst the COVID crisis.
• Won summary judgment in federal court in post-acquisition earn-out dispute for outdoor sports company, including damages and attorneys’ fees. Affirmed on appeal.
• Represented Chinese insurance company in Delaware Chancery Court trial over repudiated sale of billion-dollar portfolio of US-based luxury hotels stemming from onset of COVID pandemic.
• Tried to a jury defense verdict a civil antitrust case against a major Philadelphia hospital.
• Counseled industry-leading, NYSE-listed software-as-a-service company on potential antitrust ramifications of marketing strategies.
• Defending social media influencers and related companies in proceedings before the Pennsylvania Department of Banking and Securities.
• Represented Swiss banking giant in antitrust class actions involving alleged manipulation of forex exchange benchmarks (FOREX) and government sponsored entity bonds (GSE Bonds), including trimming claims and achieving favorable settlement.
• Won several multimillion-dollar plaintiffs’ verdicts and awards in various business disputes.
• Representing a consultant in litigation with a large security contractor over millions of dollars owed under contractual formulas related to sales and service agreements
• Pursuing claims for an artist and creator against a multi-billion dollar publicly traded company in litigation over theft of ideas
• Representing a company and founder in litigation against an acquiring company over the calculation of various payment, including earnouts, guaranteed payments, and working capital
• Advising a partner in judicial dissolution litigation involving a professional services firm partnership and related consulting
• Defending an investment advisor in proceedings before the Pennsylvania Department of Banking and Securities
• Representing company and founder in dispute with another owner over company valuation and non-compete issues. Case settled on favorable terms.
• Representing company in litigation with fleet rental company over charges. Obtained dismissal of state law claims.
• Representing an entity responsible for nationwide licensing of certain professionals in a dispute with certain business partners over the impact of COVID-19 related decisions.
• Representing members of a non-profit in an intra-corporate dispute. Remedies requested were conceded and provided by opponents.
• Representing sporting goods company in litigation asserting negligence claims over product it manufactured. Court granted preliminary objection based on venue. Plaintiff voluntarily withdrew claims without any compensation.
• Representing a non-profit and its celebrity founder in defense of a judicial dissolution proceeding. Petitioner withdrew complaint and agreed to pay portion of non-profit’s legal fees.
• Representing interested parties in litigation over the propriety of governmental responses to right to know requests.
• Representing a developer and related entities in various litigation proceedings with a lending institution over the lender’s misrepresentations and breach of loan commitments. Case settled on favorable terms.
• Representing an investment research firm in litigation brought by a Receiver in control of several defunct hedge funds, asserting claims of contribution and common law aiding and abetting, from a judgment obtained by the SEC against the defunct hedge funds. Trial defense verdict on all claims.
• Representing the CEO of a multinational corporation in a suit alleging fraud and breach of contract. Preliminary objections granted on all claims. Dismissal was affirmed by the Pennsylvania Superior Court.
• Representing an internet services provider in a business disruption lawsuit alleging that a company was forced out of business because of actions taken by the internet service provider. Trial defense verdict on all claims.
• Representing an investor in an action against a financial institution trustee over its failure to safeguard viatical contract investments, which were converted and sold to another investor to the detriment of the original investor. Trial verdict obtained on behalf of client.
• Representing a commercial recycling resources company in a lawsuit filed against it by an equipment leasing company alleging breach of a leasing and financing contract related to industrial machinery. We obtained critical information from third parties that undercut the claim, and resulted in a trial defense verdict on all claims.
• Representing a life insurance company in a multimillion-dollar dispute with a company over payout of key man life insurance policies because of misrepresentations made by the policyholder during the application process and during the contestability period.
• Representing an investment management firm against claims that the investment management firm had (1) acted outside authority granted to it in an Investment Management Agreement, and (2) violated Pennsylvania and Illinois law by recording calls it had with the investor allegedly without the investor’s consent.
• Representing a former General Counsel and interim Chief Executive Officer in a suit for defamation brought by the former Chief Executive Officer of a life sciences company.
• Representing an advocacy group sued for alleged defamation after it posted a video of attendees of an event along with a description of the actions of individuals attending the event.
• Representing a life insurance company sued by a university foundation for alleged misrepresentations related to long term premiums and investment performance on policies that foundation donors obtained for the benefit of the foundation.
• Representing a disability insurance company in a multimillion-dollar dispute over payout of professional disability policies because of misrepresentations made by policyholder during the application process and claim submission process.
• Representing an executive search firm in litigation over withheld placement fees.
• Representing a franchisee in litigation with a nationwide franchisor of early childhood education centers over alleged breaches of franchise agreement.
• Represented a life insurance company in joinder proceeding over disputed policy proceeds.
• Representing a coalition of families of charter school students who intervened in litigation over school funding where funds had been improperly withheld from the charter school by a school district.
• Representing a financial institution in an action based on employee theft of customer information, including claims of unfair trade practices, breach of confidentiality, breach of fiduciary duty, negligence, and negligent supervision.
• Representing the U.S. subsidiary of a multinational company with respect to privacy disclosure issues and policies for safeguarding and disposing of customer and employee personal information.