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Arbitration

Arbitration has long been a significant part of LPCH’s litigation practice.  Our expertise in presenting cases to juries readily translates to success representing clients before arbitration panels throughout the country.  LPCH’s attorneys have handled arbitrations administered by all of the major arbitral institutions in a wide variety of business disputes.  We have had particular success arbitrating disputes arising out of purchase price adjustments following a major transaction (e.g., earn-out and contingent purchase price disputes), and handling executive compensation arbitrations.

For plaintiffs, we have prevailed for companies suing their audit firm for malpractice; executives wrongfully terminated by their employers; oil and gas companies in disputes with operators; investors in FINRA arbitrations involving claims of breach of fiduciary duty, negligent misrepresentation, and fraud.  For defendants, we have successfully represented homebuilders against claims of real estate fraud and deceptive trade practices, acquiring entities against actions brought under the transactional documents, commercial contract disputes, and insurers in coverage disputes relating to settlements of product liability litigation, among others.

EXPERIENCE HIGHLIGHTS

We represented former Hanley-Wood CEO and CFO in a breach of contract arbitration. Hanley-Wood refused to pay their bonuses or increase their salaries, arguing that the bonuses and raises were discretionary and that the economic crisis of 2009 made payment impossible.  An arbitrator found in favor of the plaintiffs, awarding millions in bonuses, salary adjustments and severance benefits. 

We represented a regional hospital in connection with the arbitration of its audit malpractice claims against one of the "Big 4" accounting firms, which involved the misstatement of accounts receivable and damages resulting from reliance on erroneous financial statements.  After extensive discovery and a three-week arbitration, the arbitration panel issued a unanimous decision in favor of our client in which it awarded a confidential seven-figure amount.

We represented PHNS in three separate arbitrations arising out of a series of corporate acquisitions.  Each arbitration involved the selling entities’ claim for contingent purchase price and/or earn-out payments.  The arbitrations occurred in Colorado, Alabama and Dallas.  We tried each of the cases to a final decision, and in each case the arbitration panel found in favor of PHNS and awarded no additional payments to the selling entities.