Rochat vs. Rochat, Superior Court of New Jersey, Chancery Division, Somerset County, Docket No.: C-12048-12 — In this case we represent 4 shareholders in a dispute involving a closely held family corporation. We successfully defeated the plaintiffs' application for injunctive relief, in which they were seeking to have the Court impose a constructive trust over their shares for the plaintiff's benefit. The case is still pending in the Superior Court of New Jersey, Chancery Division, Morris County.
Liggero vs. McGuire, United States Bankruptcy Court, District of New Jersey, Adv. Pro. No.: 09-2666 — In this matter, we successfully recovered a substantial asset that our client purchased from a bankruptcy trustee resulting in our client being the only creditor who received money in the debtor's Chapter 7 bankruptcy case. Our clients alleged that the debtor had misappropriated more than $200,000 in connection with a real estate investment transaction. Our clients obtained a default judgment in state court, and when the debtor filed for bankruptcy our client retained our law firm to pursue a non-dischargeability claim against the debtor to prevent the claim from being discharged in bankruptcy. Prior to the bankruptcy filing, our client learned that the Debtor possessed what was believed to be a substantial stock holding in IBM, the publicly traded company, and that she may have transferred the stock to her brother as part of a fraudulent conveyance. When the Chapter 7 trustee expressed reservation about pursuing the claim, our client elected to purchase the trustee's rights to pursue the claim. After filing a contempt motion against the debtor's brother for inappropriately liquidating the stock in violation of the Bankruptcy Court's freeze order we recovered over $140,000 on behalf of our client.
CL Industries vs. Baires Pool Plastering & Associates, Superior Court of New Jersey, Law Division, Docket No.:UNN-L-0716-12 — In this case, we successfully recovered summary judgment against a defendant company who fraudulently transferred its business assets to avoid payment of my client's state court judgment. We initially represented the client to enforce a judgment originally obtained in Florida. After we recorded the judgment in New Jersey, we discovered that the judgment debtor had changed its name to a similar name yet maintained the same business location, telephone number, and was engaged in the same type of business with the same principals. We filed a new lawsuit against the existing company, claiming that it was the successor-in-interest of the former compa The defendant denied the allegations by filing a contesting answer. Without conducting any pretrial discovery, we promptly moved for summary judgment as a matter of law and relied upon the overwhelming evidence that we pieced together from various online sources. The trial court agreed that the new company was a shell for the former company, and thus awarded us a judgment against the new company. Our client is presently collecting the judgment based on a settlement payment schedule.
McAlpine vs. Thomafsky, Superior Court of New Jersey, Chancery Division, Docket No.: C-320-98 — In this case, we represented the interests of the majority shareholders and directors of a closely held corporation who had accumulated overwhelming evidence demonstrating that the company's President was engaged in misappropriating the company's assets for his own personal benefit, including establishing a competing company right under the same roof as their own company, and receiving illegal kickbacks from vendors and suppliers. Immediately after our client fired the President, we filed an Order to Show Cause in the form of a derivative action seeking injunctive relief barring the defendant from returning to the business premises and to enforce a restrictive employment covenant barring him from competing with our client's company. The defendant was also a shareholder in the company, and it was discovered that he had used the company's money to finance the purchase of his shares originally held by his brother. The Court granted our clients' request for temporary restraints. During his deposition before trial, the defendant admitted to receiving improper kickbacks from vendors. Shortly before the trial, the defendant was indicted for theft and misappropriation. After pleading guilty, the defendant forfeited his shares in the company.
Toll Free Numbers vs Guardian Digital, Superior Court of New Jersey, Chancery Division, C-311-09 — In this case, our client's web hosting company shut down his website and refused to turnover the website files and source code, claiming that our client didn't own the files and hadn't paid for hosting and other IT services. In less than a week, we successfully petitioned the Court on an emergent basis to compel the hosting company to turn the switch back on. After restoring the website, we successfully obtained the return of the client's entire website files and source code thus enabling our client to move his website to another hosting company and continue his operations. The case on damages remains to be determined by arbitration.