Listed below are examples of our experience business and contract disputes:
- A public company refused to fulfill its obligations to repurchase or register restricted stock given in partial consideration for the acquisition of a candy manufacturer. In fact, it brought suit based on alleged misrepresentations by the seller. An Invotex managing director evaluated the purchaser’s due diligence, assessed subsequent operations and successfully demonstrated alternative explanations for the failure of the acquired company to perform according to the purchaser’s expectations. He also provided testimony as to the damages to seller based on the failure of the purchaser to perform its obligations under the sales agreement.
- The general partner in a business enterprise sought to force out certain limited partners by instituting a capital call. When the limited partners did not meet the terms of the capital call, the general partner attempted to force the redemption of the limited partners’ interests at discounted values. Invotex consultants provided analysis and expert testimony as to the value of the limited partners’ interests, which were significantly higher than the amounts offered by the general partner. The opinions offered by Invotex were accepted by the trial court and upheld on appeal.
- A commercial bank was alleged to have diverted funds from a borrower’s account, which were held with that institution for the benefit of a third party. Invotex consultants traced transactions that occurred over several years through the accounts of several related entities in order to properly identify the sources of funds. On appeal, the case was ultimately decided in the favor of the bank.
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