Litigation & Risk Management
Our Successes U.S. Grain Merchant Wins $6 Million International Arbitration

Lawrence Kamin defeated a multi-million dollar claim against our large U.S. grain merchant client. In this international arbitration, our firm successfully obtained a $1.3 million award in favor of our client on a counterclaim against a foreign purchaser over failure of accept grain delivered under its shipping contracts.


Real Estate Owner Wins $1.2 Million Trial

In a dispute over title rights to a commercial property, Lawrence Kamin defeated a $1.2 million damage claim against our real estate owner client.  Judgment was entered in our client’s favor quieting title and awarding $85,000 in attorneys’ fees.


New Employer Defeats Post-Employment Restraining Order in Trial and Appellate Courts

In a hard-fought battle between two financial institutions, Lawrence Kamin defeated a Motion for Temporary Restraining Order. When our opponent appealed, we won the appellate case as well.


Children’s Products Manufacturer Wins
$5 Million Product Liability Trial

After a three week jury trial, Lawrence Kamin defeated a $5 million severe burn injury case against our children’s products manufacturer client.


Introducing Broker and Futures Commission Merchant Win $3.6 Million Case in Two Forums

In a $3.6 million arbitration, Lawrence Kamin defeated the claims against our futures introducing broker (IB) client.  Our separate futures commission merchant (FCM) client was dismissed through our motion to dismiss early in the case. When the opposing side filed a new case before the Commodities Futures Trading Commission, we obtained a second judgment in favor of our FCM client.


Client Wins $1.2 Million Partnership Dispute

Lawrence Kamin won a $1.2 million award in a partnership dispute between the principals of a proprietary trading firm.  The losing partners tried to shield assets by transferring them out of the company, but our firm secured a second judgment against them reversing the transfers under the Uniform Fraudulent Transfers Act.


Non-Profit Association Wins Membership Due Process Trial

Lawrence Kamin tried and won a multi-week trial alleging that our non-profit association client denied due process in the expulsion proceedings of one of its members.


National Broker Dealer Defeats $5 Million Professional Negligence Case

After nine days of testimony and argument, Lawrence Kamin defeated a $5 million professional negligence case against our national broker-dealer client.


Real Estate Owner Wins Damages and Attorney’s Fees

On behalf of our real estate owner client, we obtained a judgment for compensatory damages and an additional award of $50,000 in attorneys’ fees against a former tenant who left the rental property damaged.


Manufacturer Wins Jury Trial to Defeat $750,000 Child Injury Claim

Lawrence Kamin won a jury trial in a case seeking $750,000 in damages for the partial amputation of a child’s finger.


Trader Wins $2.7 Million Award

After two weeks of testimony, Lawrence Kamin won a $2.7 million award for an individual trader after his brokerage firm failed to properly execute his trades as ordered.  During the proceeding, Lawrence Kamin also obtained an award of sanctions for abuses in discovery.


Independent Model Brokerage Firm Wins $200,000 Selling Away Claim

Lawrence Kamin tried and won a $200,000 selling away claim against our national independent model broker-dealer client.


National Broker-Dealer Firm Defeats $300,000 Claim and Wins Attorneys’ Fees

Lawrence Kamin defeated a $300,000 claim alleging our national broker-dealer client provided conflicted investment advice.  In addition to defeating the claim, our client was awarded a portion of its attorneys’ fees.


Manufacturer Wins Jury Trial to Defeat
$2 Million Product Liability Case

Lawrence Kamin tried and won a $2 million product liability jury trial involving serious injuries to a minor child allegedly from a dangerous child restraint system.


Proprietary Trading Firm Wins $120,000 Award Against Former Trader

On behalf of our proprietary trading firm client, Lawrence Kamin won a $120,000 award against a former proprietary trader who violated his employment restrictive covenant.


National Broker Dealer Client Wins
$6.2 Million Suitability Case

Five separate families filed a $6.2 million suitability case against our national broker dealer client.  After seventeen days of testimony, Lawrence Kamin obtained an award dismissing the claims and granting $40,0000 in costs to our client.


Broker Dealer Client Wins $600,000 Selling Away Case

Lawrence Kamin won a $600,000 selling away case in favor of our Chicago based independent model broker-dealer client.


Investment Adviser Wins $800,000 Case

Lawrence Kamin secured a defense win in an $800,000 case alleging our national investment adviser client breached the Indiana Securities Law and the Investment Advisers Act of 1940.


Broker-Dealer Defeats $500,000 Unauthorized Trading Case

Lawrence Kamin tried and successfully defeated a half-million dollar claim alleging that its broker-dealer client executed transactions in a customer’s account without authorization.


Broker-Dealer Defeats $800,000 Customer Claim

Lawrence Kamin tried and defeated an $800,000 case alleging that our national broker-dealer client provided inappropriate investment advice.


Clearing Firm Wins $1.2 Million Industry Dispute

Lawrence Kamin successfully defended a $1.2 million arbitration alleging that a national clearing firm client failed to follow applicable securities buy-in regulations.


Broker-Dealer Defeats $300,000 Customer Arbitration

Lawrence Kamin tried and defeated a $300,000 claim by a customer against his broker-dealer.


Futures Commission Merchant Defeats $300,000 Customer Arbitration

Lawrence Kamin defeated a $300,000+ arbitration claim against a futures commission merchant (FCM) client alleging misconduct relating to a retail customer account.


Our Strategies Turning Their Weapon Against Them Wins the Case

SITUATION: A national broker-dealer engaged Lawrence Kamin to defend an $8 million claim brought by six investors. Each investor alleged that he had received unsuitable investment advice from the same financial adviser at the firm. One key piece of evidence was a scathing internal memo written by the adviser’s supervisor, which criticized the adviser’s proposed investment plans and called them a “compliance nightmare.”

STRATEGY: Rather than running from the memo, Lawrence Kamin embraced it at trial. Walking witnesses through a line-by-line comparison of the criticisms and the pre-memo and post-memo investment plans, our litigators demonstrated that the criticisms of the memo had been taken seriously by the adviser and were largely addressed in revisions to the investment plans subsequently presented to the investors. By weaving together appointment calendars, fax cover sheets, and telephone records, Lawrence Kamin showcased the supervisor’s involvement throughout the revision process.

RESULT: The memo, which claimants thought would torpedo the client’s management, instead helped to prove that the client’s management team had carefully reviewed, scrutinized, improved, and ultimately approved the revised investment plans provided to these investors. The $8 million claim was denied.


Accepting Responsibility Avoids Liability and Defense Costs

SITUATION: An international bank client had promised a payroll tax company that its wire transfers would be completed within 24 hours of request. The bank hired Lawrence Kamin after the bank’s anti-money laundering procedures caused a full day’s delay in a wire transfer, resulting in a quarter-million dollar tax penalty for the payroll tax company’s customer.

STRATEGY: The Bank’s initial reaction was to deny all liability and to aggressively defend. Lawrence Kamin’s recommended strategy was to seek settlement and take full responsibility for any tax penalty ultimately imposed. In exchange, the payroll tax company and its customer would promise full cooperation and exclusive control over all communications with the IRS regarding the tax penalty.

RESULT: After taking control over the communications, Lawrence Kamin secured agreement from the IRS to forgive the entire tax penalty, which protected the bank from liability, preserved its reputation, and saved the client over $100,000 in defense costs.


Reframing Legal Argument Turns Feared Defeat into Complete Victory

SITUATION: A large U.S. grain merchant was sued for $6 million by a foreign purchaser for breach of contract, when the grain the purchaser had ordered was not shipped in accordance with the parties’ sales agreement.   As a result of a shortage of shipping containers during the contract period, the client was only able to ship a fraction of the contracted-for grain. The buyer claimed that, under international treaty, the merchant had the obligation to arrange for shipping containers, and that the merchant was liable for compensatory and consequential damages as a result of the breach.

STRATEGY: The merchant engaged Lawrence Kamin after prior counsel already had submitted initial position papers and significant documents which did not contest the buyer’s position. Our litigation team reframed the case by arguing that the international treaty incorporated domestic contract law and industry practices, both of which were favorable to our client. By recasting the complex international treaty dispute into a simple breach of contract case, Lawrence Kamin was able to pursue a $1.5 million counterclaim based on the buyer’s failure to accept delivery.

RESULT: The London-based arbitrator denied the buyer’s claims for compensatory, consequential and exemplary damages, and awarded our client $1.3 million on the counterclaim. An appeals panel later affirmed the decision.


Call to Battle Drives Favorable Commercial Settlement

SITUATION: Prior to hiring Lawrence Kamin, a national trade association had spent over a year in self-directed, unproductive, drawn-out settlement negotiations in a $350,000 contract dispute with one of its computer vendors. For internal reasons, the client’s primary objective was to avoid trial.

STRATEGY: After assessing the situation, Lawrence Kamin concluded that the vendor also wished to avoid trial. We recommended that the client leverage the vendor’s reluctance by aggressively pursuing litigation and engaging a rapid-fire campaign of letters, pleadings, and demands upon the vendor, averaging one ‘touch’ per day.

RESULT: Deluging the vendor with legal demands called the vendor’s bluff. After over a year of failed negotiations, a favorable settlement was reached within two months.


Coordinated Defense Thwarts Class Action Firm’s Planned Entry Into Industry

SITUATION: A class action law firm decided to expand its practice and start pursuing claims by investors against broker-dealers.  A national broker-dealer assigned defense of one of the early cases to Lawrence Kamin.

STRATEGY:  At our firm’s suggestion, the broker-dealer organized a task force with its competitors to coordinate and share information about the cases being filed by the class action firm and the positions, arguments, and experts being presented.  Among other things, the task force selected cases to ‘fast track’ so that the class action firm would experience early losses.

RESULT: Within a short time, the class action firm decided to withdraw from pursuit of investor claims and cut its losses.


Collateral Switch Allows Client to Collect its Winnings

SITUATION:  Our firm was engaged by a manufacturer client to defend against litigation brought forth by a contracted buyer after a stand-off between the two parties.  The manufacturer refused to deliver custom-made products to the Buyer after the Buyer failed to make over $100,000 in payments. The Buyer’s suit demanded delivery of the custom products or, alternatively, return of the custom labels that had been provided by the Buyer and permanently affixed during the manufacturing process. The custom products were worthless to anyone other than the Buyer.

STRATEGY:  Our attorneys proposed an agreed order of replevin, which directed the Manufacturer immediately to turn over the finished products to the Buyer.  By statute, such an order of replevin also required the Buyer to post a bond to cover the value of the products if the Court ultimately decided against the Buyer and the Buyer was unable to return the products themselves.

RESULT:  After several months of litigation, Lawrence Kamin secured a summary judgment in favor of the Manufacturer from the Court.  Even though the Buyer filed for bankruptcy, the manufacturer received payment from the bond company, thereby recovering the entire debt.


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