Trusted Counsel. Zealous Advocates. Successful Litigators.

Experienced Plaintiff And Defense Counsel In Business And Financial Litigation

One of the most results-driven, client-focused, and dedicated teams of lawyers I’ve had the privilege to work with. That’s how I would describe my experience through multiple trustee engagements of Evangelista Worley, LLC.”
– Darryl S. Laddin, Esq., Arnall Golden Gregory LLP

Our lawyers at Evangelista Worley, LLC represent companies – large and small – on a full or partial contingency basis in high-value business litigation. In essence, they have their own skin in the game, so they don’t lead clients down a primrose path just to rack up hourly litigation bills. Their interests are aligned with yours.

They also represent companies (on an hourly basis) to defend claims brought by other businesses. But our attorneys’ experience in rooting out fraud and other bad corporate behavior has enabled them, on a number of occasions, to create tremendous leverage by identifying and vigorously prosecuting counterclaims against the plaintiff company.

For example, in one matter handled by attorney James Evangelista, the client was sued by a former employee claiming that he was owed money as an equitable business partner. Mr. Evangelista uncovered that the plaintiff had embezzled hundreds of thousands of dollars from the client over several years and was then able to turn a defense case into a prosecution case. The case eventually settled for a large recovery paid to the client with the claims against him withdrawn.

In plaintiff business litigation matters, our lawyers have broad and deep experience handling a wide variety of claims. This includes breaches of contract, financial fraud, breaches of fiduciary duty and class action opt-outs.

Indeed, in another matter, Mr. Evangelista was able to juxtapose the fiduciary duties of a bankrupt company’s CEO and CFO to provide accurate financial information to the company’s board against the board members’ own fiduciary duties. In denying the defendant’s motion to dismiss, the United States District Court for the District of Delaware rejected the officers’ argument that they were protected by the business judgment rule and found that the detailed allegations, if true, established a breach of fiduciary duty by the officers and found that the alleged facts reflected a rarely upheld claim of waste. John Palmer as Liquidation Trustee For the Baxano Liquidation Trust v. Kenneth Reali et al., No. 15-cv-00994 (MAK) (D. Del) ($2.75 million settlement for breach of fiduciary duty and corporate waste by former officers).

Examples of other types of complex business litigation cases our attorneys have litigated include:

  • Hercules Capital, Inc. v. Gittleman, et al, 9:16-cv-81663 (S.D. Fla.) (represented $1.5 billion venture debt lender in fraud and misrepresentation claims against former officers of bankrupt borrower company; case settled post-trial).
  • Coast Buick GMC Cadillac, Inc., et al. v. Mahindra d& Mahindra, LTD., 1:12-cv-01935 (N.D.Ga.) ($7.5 million recovery on behalf of national group of car dealers in fraud and unjust enrichment action against foreign auto manufacturer).
  • In Re: Payment Card Interchange Fee and Merchant Discount Antitrust Litigation., No. 1:14-md-01720-MKB-JO (E.D.N.Y.) (recovered over $5.6 million for antitrust class action settlement opt-out business plaintiffs in ongoing litigation).
  • Kirschner et al. v. Hermelin et al. (Probate Court, St Louis County, Missouri) (obtained confidential settlement from trustees for breach of fiduciary duties in loss of $150 million in two family trusts).
  • In Re: Chiquita Brands International ATA Actions: Pescatore et al. v. Chiquita, Sparrow v. Chiquita, No. 2009-cv-80683 (S.D. Fla.) (represented family members of American geologist kidnapped and murdered by FARC in Columbia in late 1990s in civil case under the U.S. Anti-terrorism Act against Chiquita for providing support to terrorist organization, confidential settlement on eve of trial).
  • Harold Jones, As Liquidating Trustee of Verso Technologies, Inc. v. Tauber & Balser P.C., et al., 1:11-cv-02995 (AT) (N.D.GA) ($4 million recovery, including $100,000 in sanctions for defendants’ and their counsel’s discovery malfeasance, in accounting fraud and misrepresentations by bankrupt public company’s outside auditors).
  • Darryl S. Laddin, As Liquidating Trustee of Verso Technologies v. Odom, et al., 1:09-cv-1293 (AT) (N.D.GA) ($3.5 million recovery against former officers and directors of bankrupt public company).
  • Darryl S. Laddin, As Trustee For The Liquidating Trust of the Estates of Verilink and Larscom v. Powell Goldstein, et al., 5:11-CV-03877 (CLS) (N.D.Ala) (substantial confidential recovery against outside corporate legal counsel to bankrupt public company for professional liability).
  • Darryl S. Laddin, As Trustee For The Liquidating Trust of the Estates of Verilink and Larscom v. Belden, et al., 08-80072 (JAC) (N.D.Ala, Bkcy.) (more than $2 million recovered against former officers and directors of bankrupt public company, including personal contributions of defendants beyond insurance coverage, and from former investment advisers).

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To discuss your litigation concerns with one of our knowledgeable litigators, please call 404-975-2345 or contact us via email.