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Financial institution prevails at arbitration
A financial institution’s loss prevention policies were flagged as irregular proceeds from the EIDL program (part of the CARES Act legislation). The account holder sued the financial institution, claiming its business suffered a six-figure loss from the funds being frozen. BFV Attorneys Charles Van Horn and Carson Modrall successfully tried the case at arbitration, resulting in a complete defense ruling of the financial institution.
Attorneys involved in this case:
Charles H. Van Horn,
Carson Modrall
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Former employee relinquishes claim to ownership interest in gym franchise
Berman Fink Van Horn attorney, Neal Weinrich, successfully defended a gym franchise in a lawsuit where a former employee claimed he had an ownership interest in the gym. BFV secured a settlement where the former employee fully waived and relinquished any claim he had.
Attorneys involved in this case:
Neal F. Weinrich
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Business owner saves nearly $250,000 in claim from institutional lender
An institutional lender took action against our client, a business owner, on a promissory note and loan guarantees. Faced with a very difficult situation, Berman Fink Van Horn was successful in defeating the claim of almost $300,000 in attorney fees (a percentage of the debt) and instead limited the lender to recovering only its actual fees incurred, closer to $40,000. In the end, this saved the client close to $250,000.
Attorneys involved in this case:
Lydia M. Hilton,
Alan E. Lubel
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Settlement with former bookkeeper makes client 100% whole
Berman Fink Van Horn attorneys Neal Weinrich and Daniel Park represented a digital marketing company that discovered its bookkeeper had been embezzling monies from the company for a significant period of time. Neal and Daniel were able to quickly negotiate a settlement for the company to obtain a full recovery of the stolen funds.
Attorneys involved in this case:
Neal F. Weinrich,
Daniel H. Park
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Construction client receives favorable settlement from general contractor
Berman Fink Van Horn attorneys apply the same winning approach to our pro bono cases as our business clients. Through the Atlanta Volunteer Lawyers Foundation, Neal Weinrich represented a gentleman that was hired by a general contractor to assist with repairing and painting a home. The general contractor refused to pay the client and Neal successfully obtained a judgment in his client’s favor. However, the story did not end there. The general contractor refused to voluntarily pay the judgment and attempted unsuccessfully to appeal. In the end, Neal secured his client a favorable settlement and BFV had another happy client.
Attorneys involved in this case:
Alan E. Lubel,
Benjamin I. Fink
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Seller of architectural firm turns to BFV for successful defense
Berman Fink Van Horn’s Neal Weinrich represented the owner and founder of an architectural firm. In anticipation of retiring in a few years, our client sold his practice to a local engineering firm. Following the sale, disputes arose regarding financial information that was supplied to the buyer during the due diligence process. The buyer claimed that he was entitled to recoup 85% of the purchase price that was paid for the architectural firm. Following a three-day hearing, the arbitrator entered an award that was highly favorable and a win for our client. Subsequently, the buyer attempted to challenge the award, which Berman Fink Van Horn also defeated.
Attorneys involved in this case:
Neal F. Weinrich
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Employee benefits company VP: “I have been absolutely impressed with every facet of this process”
Client Testimonial (from e-mail sent to Neal Weinrich):
[We received] the news early this afternoon. I am absolutely thrilled at the result. Both of you (and your team) are THE BOMB! I promised Ben I would send a great note of commendation to [our] management team, and I am copying them on this note back to you. I have been absolutely impressed with every facet of this process, from my first meeting with you, the structure and process of defense, the detail and preparation your team provided for all of us, and finally the results that you delivered. The work both of you did was some of the finest legal work I have ever seen. I will be recommending the two of you for years to come!
While I am happy to have my week back (and I badly needed it for work purposes), I would have been more than happy to be at every day of the trial if needed to assist my colleagues and your team.
Great job guys. I hope I have the privilege of working with you in the future in some capacity.
All the best!
Vice President, an employee benefits company
Attorneys involved in this case:
Benjamin I. Fink,
Neal F. Weinrich
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Court grants summary judgment in favor of BFV client on all counts
Berman Fink Van Horn attorneys Kenneth N. Winkler and Daniel H. Park successfully represented two individuals and a corporation in a lawsuit alleging trade secret theft and a myriad of other claims, including breach of contract, tortious interference with contract, breach of fiduciary duty, violations of the federal Computer Fraud and Abuse Act, attorney’s fees, costs and exemplary damages. After extensive discovery and motion practice, attorneys at Berman Fink Van Horn demonstrated successfully that the former employer could not show use or disclose any trade secrets or that it had a protectable trade secret. The Court granted summary judgment in favor of the employees on all counts.
Attorneys involved in this case:
Daniel H. Park,
Kenneth N. Winkler
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Successful negotiations allow franchisee to focus on more productive ventures
A franchisee client was asked by the franchisor to take over a failing franchise location. Our client did so for a brief period, but eventually abandoned the effort when it was unable to agree upon an acceptable monthly rental rate with the location’s landlord. The landlord then sued our client, seeking the more than $100,000 in back rent due from the prior franchisee tenant. In the end, Berman Fink Van Horn’s Bill Piercy negotiated a token four figure settlement payment, thereby allowing our client to return his focus to more productive ventures.
Attorneys involved in this case:
William J. Piercy
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Client wins entirety before even going to trial
Before the case even went to trial, Berman Fink Van Horn’s Bill Piercy won a summary judgment, awarding his client the entirety of the fee sought under an exclusive agency agreement. In addition, his client was awarded pre-judgment interest and more than $30,000 in attorney’s fees. This proved to be another successful day at Berman Fink Van Horn.
Attorneys involved in this case:
William J. Piercy
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Distribution company avoids liability – and (extended) attorneys’ fees
We represented a distribution and shipping company that imports and transports goods manufactured in China. When a dispute arose between a purchaser of goods and a Chinese manufacturer, our client, the distribution company, was brought into the lawsuit. The purchaser of goods filed a lawsuit against the Chinese manufacturer and our distribution company client. Berman Fink Van Horn attorneys swiftly obtained a dismissal of our client at the emergency injunction hearing, thereby avoiding possible liability in excess of $150,000 and attorneys’ fees if it remained a party for an extended period.
Attorneys involved in this case:
Charles H. Van Horn
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National surgical company disputes compensation agreement, wins $1.4 million in damages, fees
Our client, a national vascular surgical company, opened a vascular surgical center in Georgia and signed an agreement with a medical practice to allow them to perform procedures at the surgical center. Eventually, a dispute arose over the medical practice’s compensation under the agreement. Berman Fink Van Horn attorney’s filed a lawsuit against the medical practice. After a trial in state court in Georgia, we won a verdict for more than $1.275 million (all of the client’s damages) and more than $125,000 in attorneys’ fees.
Attorneys involved in this case:
Charles H. Van Horn
