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Business Litigation
O'Reilly & Danko represents both corporate and individual plaintiffs in complex, high-risk business disputes. The variety of business cases we have accepted underscores the substantial breadth of this practice area:
- Fraud
- Trade Libel
- Breach of Contract / Fiduciary Trust
- Unfair Competition
Commercial disputes are often settled before trial through mediation.
Consequently, many "traditional" commercial litigation firms lack actual trial experience and prefer to settle
out of court. This weakens their ability to get the best results. Our trial
experience in business litigation spans over twenty–five years and our reputation as a formidable trial firm is an advantage our
mediation efforts.
Many clients find our contingency fee contract agreements appealing: our
fees are paid only when the case is resolved to the client's satisfaction.
Additionally, the client is not burdened with excessive hourly expenses.
The Firm accepts the same level of risk as that of our clients.
| Denevi
v. Swenson Verdict: $10,000,000 Santa Clara County Superior Court February 1, 2002 Breach of Contract |
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| Pietro Denevi, a real estate developer, had a longstanding vision: the transformation of a 210 acre parcel in Los Gatos, California, into a championship–caliber golf course. Although he had successfully negotiated with the owner to buy the property, he did not have the necessary funds to close the transaction. Seeking assistance, he turned to Barry Swenson, a prominent South Bay developer. Swenson agreed to provide the necessary money in exchange for an equity position in the project. | |||
| Swenson formed a complicated business entity to transact with the property's owner. He told plaintiff that the complicated structure would facilitate the close of escrow. In fact, the structure was designed to insulate Swenson from personal liability in the event he failed to perform as agreed. When the time came to fund the transaction, Swenson failed to perform, and the property was lost to another purchaser. | |||
| O'Reilly & Danko brought suit against Swenson on plaintiff's behalf, alleging that Swenson breached the fiduciary duties he owned to Swenson. Swenson argued that his failure to fund the purchase was protected by the “business judgment rule.” He also asserted that he was protected from liability by the Limited Liability Corporation his legal team had formed in connection with the project. Finally, he alleged that, at the time, plaintiff agreed with the decision not to fund, and so should not be allowed to complain after the fact. | |||
| After a four week trial, the judge agreed that Swenson had breached his fiduciary duties and awarded the plaintiff $10 million. | |||
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