Complex Civil Litigation

We represent private-equity firms, hedge funds, C-suite executives, and high net-worth individuals against corporate defendants, financial institutions, well-known individuals, and others, obtaining substantial recoveries, including billion-dollar judgments, and impressive results for clients in their most important civil and commercial disputes.  Our civil-litigation practice includes both plaintiffs’-side and defense-side cases, and we aim to offer alternative and creative fee arrangements based on the results achieved, rather than the billable hour, in many of our matters. 

We litigate in state and federal courts around the country, with particular experience in the U.S. District Court for the Southern District of New York, the New York State Supreme Court’s Commercial Division, and the Delaware Court of Chancery, as well as in arbitrations with JAMS, AAA, FINRA and other providers. 

Our experience in complex civil disputes is comprehensive, and includes cases involving:

  • shareholder and LLC member disputes

  • derivative claims

  • mergers-and-acquisitions disputes

  • disputes among business partners

  • federal and state securities-law claims

  • complex credit and lending arrangement disputes

  • investment-banking fee disputes

  • commercial contract disputes  

  • fraud

  • legal malpractice

  • executive-level and high-net-worth employment disputes

  • and more    

The firm is “immensely commercially aware. The well-earned confidence makes them superior negotiators.”

Clark Smith Villazor “is a very nimble and creative firm that delivers a bespoke approach for each of their clients and their specific situations.”

—Chambers and Partners

Representative matters:

  • Represented a limited liability company (UAV) created by the co-founders of Trump Media & Technology Group Corp. in connection with a dispute with TMTG and the Company’s controlling shareholder and namesake regarding equity granted to the founders.  The multi-jurisdiction litigation, which required counsel to oppose two motions for a stay on the basis of presidential immunity and involved four separate lawsuits in two different state courts and one federal district court:

    • In the Chancery Court of Delaware, which resulted in retention of UAV’s equity stake.  United Atlantic Ventures, LLC v. TMTG Sub Inc. et al., C.A. 2024-0184-MTZ (Del. Ch.).

    • In the United States District Court for the District of Delaware against a transfer agent, which resulted in an order from the District Court mandating that the transfer agent deliver UAV its shares upon expiration of a lockup imposed by TMTG.  United Atlantic Ventures, LLC v. Odyssey Transfer and Trust Co., 24-cv-838 (D. Del.).

    • In Florida state court regarding the co-founders’ roles in identifying a de-SPAC merger partner for TMTG.  TMTG v. ARC Global Investments II LLC, et al., C.A. 2024-1061 (Sarasota Cnty, Fla.); TMTG v. United Atlantic Ventures, LLC, et al., C.A. 2024-1545 (Sarasota Cnty, Fla.).

  • Private investment funds managed by Knighthead Capital Management and Certares Management in litigation in New York State Supreme Court’s Commercial Division against Morgan Stanley and the Fortress Investment Group-backed private-rail company Brightline, asserting claims relating to a complex credit agreement.

  • Noteholders of approximately $2 billion in notes issued by a Venezuelan state-owned oil and gas company in federal-court litigation successfully obtaining a judgment that the notes and related security agreements were valid, defeating the Venezuelan-owned company’s argument that the notes were void from inception.

  • Private investment funds managed by Activant Capital Group in Delaware Chancery Court derivative litigation against tech company Bolt Financial, Inc., its founder Ryan Breslow, and certain of the company’s current and former directors.  As a result of our lawsuit, the company cancelled over $37 million worth of the founder’s shares to recover losses it suffered when the founder purposely defaulted on a personal loan that the company guaranteed.

  • Consumer-products brand EOS Products co-founder Sanjiv Mehra and his family trust in multiple lawsuits in Delaware Chancery Court and New York State Supreme Court’s Commercial Division arising out of a dispute with his former business partner.  We obtained a post-trial win in Delaware Chancery Court finding that our clients were entitled to a 50% share of the business’s economics.  We also obtained, in a New York state-court derivative action, a favorable ruling that the business partner improperly used company money to defend the Delaware action.

  • Private investment-management firm Silverpeak Strategic Partners LP and related entities in litigation against affiliates of Lukoil in a dispute relating to a joint venture.

  • An international contract manufacturer in commercial disputes with a Fortune 1000 publicly traded power-product company.

  • A family-owned broadband and communications company in expedited M&A litigation in the Delaware Court of Chancery seeking to require a private-equity firm to close on its agreement to purchase the company.

  • An investment-management firm in the Mallinckrodt bankruptcy and a related securities lawsuit against the company’s directors and officers.

  • World-famous content creators in connection with a dispute over streaming and distribution rights to programming.

  • A multinational energy and technology company in an appeal of a securities-fraud dismissal in the Second Circuit.

  • A former executive of gaming technology company in securities class action, where we obtained a complete dismissal of the claims against her.

  • A publicly traded AI and software company in litigation against a financial services firm and hedge fund arising from breaches of contract and unlawful trading activity in connection with financing transactions.