Corporate, Partnership, Closely Held Business and Securities Litigation

Gould & Ratner is retained by large, often publicly held, corporations, partnerships, closely held companies and other entities in myriad business and securities related litigation. The issues we have been called upon to resolve span the gamut of corporate governance litigation, from securities and healthcare fraud, to family, partner and shareholder disputes. Examples of our work in this area include:

• Securities Litigation. Gould & Ratner served as trial counsel in a case arising from the largest SIPC liquidation of a Wall Street clearing firm that involved securities clearing firm and broker dealer regulatory issues, allegations of market manipulation through illegal short selling, fraudulent securities transactions and net capital violations. Damages sought exceeded $50 million.
• Medicare/Medicaid Litigation. Gould & Ratner assisted in the defense of a grand jury indictment in the largest Medicare/Medicaid fraud case filed in the Northern District of Illinois. The firm was retained as trial counsel in a civil suit brought by a publicly traded heath care company to recover in excess of $19 million for alleged breaches of covenants, representations and warranties in a merger and acquisition agreement, fraud and violations of Medicare and Medicaid regulations.
• Loan Agreement Litigation. The firm served as trial counsel for a major Japanese bank to secure and collect on a judgment in excess of $5 million for breach of a commercial loan and guaranty agreements through forced liquidation, at auction, of commercial real estate and other collateral.
• Family Buyout Dispute. Gould & Ratner represented the owner of a family-owned food products distributor in an intergenerational buyout dispute. We filed suit against our client's son and nephews for fraud and breach of fiduciary duty. The case was settled favorably for our client.
• Business Succession Litigation. The firm was retained by an owner/partner of a family plastics manufacturing business in a dispute over family succession issues. We filed suit against the owner/partner's son and nephews claiming fraud and breach of fiduciary duty. The case was settled favorably for our client.
• Partner Buyout Dispute. Gould & Ratner represented one of the principal shareholders in a radio broadcasting business which owned stations in six cities nationwide. Our client was "frozen out" of business operations by his partners and he sought a buyout. We filed suit alleging breach of fiduciary duties and self dealing. The case was settled favorably for our client on the eve of trial.
• Shareholder Litigation. The firm was retained by a former principal shareholder of a "quick print" franchising corporation, which filed for bankruptcy in the Bankruptcy Court for the Eastern District of Michigan. The company's creditors filed a series of preference actions to recover more than $14 million which our client allegedly had taken out of the corporation in the period preceding the bankruptcy. We settled the case after an extended mediation on very favorable terms.
• Securities Litigation. Gould & Ratner represented two former executives and a director of a publicly held medical products manufacturer in multiple securities fraud class action suits arising from the bankruptcy of the company. We managed to settle the case in a multi-party agreement funded exclusively by the company's directors and officers liability insurance.
• Corporate Officer Severance Litigation. The firm was retained by a major defense contractor in an action brought by a former officer of the company claiming breach of contract and severance benefits under a so-called "change-of-control" agreement. We obtained a dismissal of the former officer's claims and successfully defended the case on appeal to the Seventh Circuit, U.S. Court of Appeals.
• Corporate Officer Counseling. Gould & Ratner was retained by group of 10 key executives of a publicly traded accounting and business consulting company to counsel the group on rights under employment and non-competition agreements, fiduciary duties and strategy to influence business decisions of senior management.
• Automotive Franchise Litigation. Gould & Ratner was retained by a Chicago region automobile dealer in a dispute with the franchisor over continuation of the franchise rights and placement of a new dealership within a few miles of our client's 46 year old facility. After litigating the matter before the Illinois Motor Vehicle Review Board, we were able to settle the case on favorable terms for our client.