Clients in ADR

In this age of crowded court calendars, where the expense and delay of litigation has become burdensome, clients have become increasingly interested in other, more expedient ways of resolving their disputes. McManis Faulkner lawyers bring a robust track record to alternative forums. We employ the same trial skills that have succeeded in the courtroom to ADR proceedings, serving as effective advocates, no matter what the venue for decision making. At the same time, effective advocacy requires careful preparation, artful examination of witnesses and presentation of expert testimony, and persuasive briefing. These are skills in which our attorneys excel. So whether a client’s arbitration involves a complex commercial dispute, the dissolution of a professional partnership, or a contested divorce with significant assets or a child’s welfare at stake, our attorneys have the experience and proficiency to bring the matter to a successful close.


Case Studies

Clients in ADR Case Studies

Commercial Dispute Overpaid Rent

Result:
After filing suit, McManis Faulkner obtained agreement from client’s former landlord to refund $1.5 million in disputed overpaid rent.

Client:
International Public Company

Overview:

An international high technology company mistakenly overpaid rent on its large Silicon Valley office and research center to a national property owner. After vacating the property, the client discovered that it had overpaid rent for several years. The property owner asserted that the rent was properly paid, under a disputed interpretation of the lease. McManis Faulkner filed suit on behalf of the client but moved the matter quickly into mediation, to attempt to obtain a favorable result with minimal cost to the client. The case was effectively and efficiently resolved at mediation to the client’s satisfaction, with payment by the adverse party of $1.5 million in refunded rent.




Partnership Dispute

Result:
Arbitration award of $15 million and client obtained control of $265 million from partners.

Client:
Major Real Estate Developer

Overview:

In a partnership dispute after the partners had developed a 1,000 apartment complex and multiple mobile home parks, McManis Faulkner obtained an arbitration award for the firm’s clients against their opponents for $15 million on a defaulted loan and positioned the case so that the clients could buyout their partners in the projects, which had a total value of $265 million in the dissolution of the partnership.




Commercial Dispute / Settlement Agreement

Result:
Obtained settlement agreement from former employees and competitor to refrain from soliciting customers or employees of client.

Client:
Large Pharmaceutical Supplier

Overview:

A high-level local employee of an out-of-state pharmaceutical supplier left the company to start a competing business in California. In conjunction with an arbitration proceeding in another state, the firm successfully obtained the pre-litigation agreement of the former employee and competing business to cease and refrain from soliciting customers and employees of the company.