A high-stakes lawsuit that threatens the continued existence of a business enterprise is often referred to in legal circles as “Bet the Company” litigation. Because the company’s survival depends on the outcome of the case, it is critical that the matter is entrusted to legal counsel with the skills and experience to deliver a successful result in these complex, “must win” cases.
MacElree Harvey’s litigation team, led by J. Charles Gerbron, Jr. and Robert A. Burke, recently achieved a highly favorable result in complex, multi-jurisdictional, “Bet-the-Company” litigation involving multimillion-dollar claims for alleged violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), breach of fiduciary duty, minority shareholder oppression, and related claims.
After securing dismissal of the RICO and related common-law claims brought derivatively by minority members of a limited liability company, the MacElree team guided its clients through extensive e-discovery, exhaustive depositions, and the litigation of multiple hard-fought discovery motions before ultimately achieving a remarkably favorable resolution for the clients.
“Our clients were focused on total victory from day one and demonstrated incredible perseverance and determination throughout the litigation,” Gerbron said. “Representing clients in matters that are not only important to them but are critical to their business’ survival is both thrilling and humbling. We appreciate the confidence that our clients place in us.”
Gerbron credits the individual talents that each of the members of the MacElree team brought to the case. “Bob Burke is an unshakable, seasoned litigator who adroitly navigates all aspects of litigation in federal court, and Stephanie Donlevie was indispensable in her mastery of the surfeit of e-discovery that was involved in the case,” Gerbron said. “We are fortunate to have such a talented and dedicated team eager to achieve results for our clients.”
This sounds like a team that is needed to save a company that is in Dire Straits. Two years ago, the company sold to private equity Organization via Docusign and no one has a hardcopy of the documentation. The company was a profitable, well run organization.
And it’s now deep in debt. The Dr shareholders have no say in management and Under a new compensation model, they are making less money than they did when they were In their training. Now they are In a sinking ship without hope. Almost $1000,000 a month is sent to the Parent Organization leaving The company cash Strapped And Unable to pay their bills and their payroll checks to doctors bouncing.
I retired five years ago and got my payout. However, my son is still in that ship along with many of the doctors I hired over the years. I saw this catastrophe in the 90s and was against it Before I retired.