Bankrupt Hospital Wants Out Of $3B BCBS Antitrust Deal – Law360 Bankruptcy Authority

Montgomery hospital sues state’s largest insurer: ‘Blue Cross Alabama must be stopped.’ – al.com

Case background

The prior company (“OldCo”) initiated arbitration in Dallas against the former Regional Representative, who had worked as an independent contractor. OldCo alleged breach of contract and sought more than a million dollars tied to alleged commissions, draws, and fees.​

After OldCo filed the arbitration, the Regional Representative retained IMcP to defend her and pursue her own claims. IMcP conducted a detailed review of the contract language and the underlying facts before responding.

Claims and counterclaims

IMcP filed an answer and defenses on the Regional Representative’s behalf and then pursued counterclaims for breach of contract against OldCo. The case proceeded for a year in arbitration on both OldCo’s claims and the Regional Representative’s counterclaims.​

During that time, the parties engaged in extensive written submissions, discovery, and witness testimony before the arbitrator. The matter culminated in a final arbitration hearing on all issues.

Arbitration award

Following the hearing, the arbitrator issued an award that completely denied OldCo’s claims. The arbitrator instead granted relief to the Regional Representative on her counterclaims, awarding damages, attorneys’ fees, costs, and interest.​

This result not only eliminated OldCo’s seven-figure exposure for the client but also provided affirmative monetary recovery in her favor. The award effectively reversed the posture of the dispute from defense to offense.

IMcP trial team

Greg McAllister served as lead counsel for the Regional Representative. He worked closely with IMcP’s Joshua Iacuone and Ryan Anderson to develop the litigation strategy, present evidence, and examine witnesses at the arbitration hearing.​ Through their efforts, a case that began with the client on the defensive ended in a decisive, affirmative win in her favor. IMcP’s Dallas business litigators regularly represent companies and individuals in contract and independent-contractor disputes in courts and arbitration forums across Texas.

Case background

The plaintiff (“OldCo”) sued two former global sales representatives after they left to join a competitor, claiming they breached restrictive covenants in their employment agreements. OldCo alleged violations of noncompetition, nonsolicitation of employees and customers, and misuse of confidential information. Oldco secured an ex parte temporary restraining order (TRO) at beginning of the case.

The two defendants then hired IMcP.​

Employer’s injunction request

After obtaining the TRO, OldCo asked the court to enter a temporary injunction that would extend the TRO’s restrictions through trial. The requested injunction would have barred the IMcP clients from providing competitive services, soliciting OldCo’s employees or customers, and using OldCo’s alleged confidential information.​

Injunction denied and lawsuit dismissed

Following a full evidentiary hearing, with live witness testimony from both sides, the court completely denied OldCo’s request for a temporary injunction in its entirety. Just four days later, OldCo chose to voluntarily dismiss all of its claims against the IMcP clients.

IMcP trial team

IMcP partner Greg McAllister served as lead counsel for the defendants, working closely with partners Joshua Iacuone and Jesse Okiror. The result underscores IMcP’s experience defending employees and advisors in Texas noncompete and nonsolicitation disputes in courts across the state, including Travis County. Bios of IMcP’s Texas noncompete lawyers are above.

Case background

OldCo filed suit, alleging a departed nurse practitioner violated noncompete, nonsolicit, and nondisclosure provisions after moving to a new practice. The former employer sought emergency relief to restrict her ability to work, and she hired IMcP.

TRO and injunction efforts

OldCo first sought a temporary restraining order aimed at stopping the nurse practitioner from working at her primary office, but the court denied that request after a hearing. The employer later pursued a temporary injunction and a hearing was held – no temporary injunction order was ever entered.

Summary judgment win

Following the failed efforts to obtain injunctive relief, IMcP moved for summary judgment on all claims asserted against the nurse practitioner. The court granted the motion in full and ordered that all claims be dismissed.

Greg McAllister served as lead counsel, working closely with IMcP partner Joshua Iacuone. Bios of IMcP’s Dallas noncompete lawyers are above.

Law Firm Helped Fintech CEO Undercut $1.7B Deal, Suit Says – Law360 Pulse

Chase Potter is lead counsel, working closely with IMcP partners. Bios of IMcP’s Dallas bankruptcy lawyers are above.

https://news.bloomberglaw.com/bankruptcy-law/banking-startups-bankruptcy-estate-sues-law-firm-over-collapse

https://news.bloomberglaw.com/bankruptcy-law/anti-woke-banking-startup-founder-sued-by-bankruptcy-estate

Case background

The prior employer (“OldCo”) filed suit in Dallas against a former Director, who departed and started a competing business. OldCo alleged breach of contract (noncompete, nonsolicit, and nondisclosure), tortious interference, breach of fiduciary duty, and trade secret misappropriation. OldCo obtained a TRO and applied for a preliminary injunction in federal court. The Director then hired IMcP.

Temporary injunction

OldCo’s preliminary injunction application sought to stop the Director from competing and running his new business. That failed. The order enjoined certain solicitation but the Director was not prohibited from running his new business and competing.

Arbitration

The case then proceeded solely in arbitration for a year on (a) OldCo’s claims and (b) counterclaims filed by the Director. After lengthy discovery and pre-trial proceedings, the final arbitration hearing lasted about two weeks. The arbitration award resulted in damages for both sides but awarded much more in damages to the Director. The case had fully flipped. Moreover, the arbitrator dissolved the injunction and denied OldCo’s request for any further injunctive relief.

Greg McAllister served as lead counsel, working closely with IMcP partner Joshua Iacuone. Their work transformed a case that began with the Director on the defensive into a result where he secured both greater damages and complete relief from injunctive constraints. Bios of IMcP’s Dallas noncompete lawyers are above.

• Law.com: https://www.law.com/texaslawyer/2024/12/17/texas-bitcoin-mining-execs-sued-for-alleged-deception-and-brazen-self-dealing/?slreturn=20241218170218

• Bloomberg Law: https://news.bloomberglaw.com/us-law-week/bitcoin-investors-say-rhodium-failed-to-disclose-texas-sale

• The Texas Lawbook: https://texaslawbook.net/investors-allege-multimillion-dollar-fraud-in-suit-against-bitcoin-mining-company/

https://news.bloomberglaw.com/us-law-week/bitcoin-investors-say-rhodium-failed-to-disclose-texas-sale

While wrapping up the entirety of a major lawsuit in the span of 45-minutes makes for great television, it’s a far cry from reality. Lawsuits are usually a long and grueling process with many ups and downs. There are numerous key events in the life of a lawsuit. Mediation is one of the most important.

Mediation is often the best opportunity you’ll have to settle your case before trial. Mediation should be taken very seriously, and it is vitally important that you have a lawyer in your corner who knows how to close the deal.

IMcP’s lawyers have substantial experience in maximizing the value of their clients’ claims and securing extremely favorable settlements at mediation. Below are five tips to put yourself in the best possible position for success at mediation:

1. Timing is everything. Every plaintiff wants to settle his or her case – and get paid – as quickly as possible. The dream scenario is the opponent completely waiving the white flag and settling in response to a demand letter. Sometimes it is best to mediate early in the dispute before a lawsuit is even filed. For example, if your primary settlement leverage is your opponent’s desire to avoid the negative publicity and reputational exposure of a public lawsuit, then mediating pre-suit may be the best opportunity to settle the case. In those types of cases, once the lawsuit is filed, the other side may claim that you can’t “un-ring the bell” and thus argue that there is less chance of settling the case before trial. In other cases, pre-suit mediation is required by contract; that requirement leads to very mixed mediation results caused by each side potentially employing very different strategies or goals. More often than not, the maxim “patience is a virtue” applies to mediation timing. Many defendants are not ready to get serious about settling the case until they have taken some “body blows” in the litigation. Forcing your opponent to respond to targeted discovery requests and to face the music under the deposition lights can significantly increase your settlement leverage and help maximize the value of your claims. The key is that litigants should be strategic about the timing of mediation. Every case is different. If the timing isn’t right, the mediation is doomed to fail before it even starts.      
2. Choose the right mediator. A good mediator is much more than a go-between who simply shuttles offers and counteroffers from room to room. A strong mediator can make all the difference and can potentially facilitate a resolution even when the parties appear worlds apart at the beginning of the mediation. Mediators come from different backgrounds and have different strengths and weaknesses – meaning a mediator may be a great fit for one case but not so much for another. It depends on the legal issues, facts, players, and other dynamics involved in your case. IMcP’s lawyers have a substantial network of mediators who they personally know and have utilized throughout their respective careers. It is important that your lawyer is familiar with the pool of potential mediators so your lawyer can guide you to the best choice for your case.
3. Prepare for success. Mediation should not be treated as a “check the box” activity. Parties should put in the necessary work – prior to mediation – to prepare for success. For example, mediators typically request that both sides submit confidential position statements before mediation. This is a great opportunity for you to explain the strengths of your case to the mediator – e.g., provide favorable case law, key facts and evidence, etc. – and give the mediator the ammunition necessary to help maximize the settlement value of your claims. If you don’t spend the time needed to properly educate and arm the mediator, you are hamstringing the mediator and setting the stage for a failed mediation.  
4. Convince them you’ll go the distance. The other side must know you are willing to go to trial and that you have skilled trial counsel. If your opponent doesn’t believe you are willing, or able, to go the distance, then your opponent will undoubtedly low ball you at mediation. The threat of being hit with a large jury verdict significantly motivates any defendant to settle. Perhaps the best way to strike that fear in your opponent is to hire lawyers with skins on the wall and a reputation for knowing how to win at trial. The trial lawyers at IMcP will give you that advantage.
5. The devil is in the details. The best closers actually close the deal at mediation. Many lawyers are content with leaving mediation with only “deal points” or an “agreement in principle” in hand – instead of a signed settlement agreement. That is a dangerous game that is fraught with peril. The best practice is to hammer out the details of the settlement agreement while the parties are fully engaged at the mediation session. To do this, you should think about the terms you want included in a settlement agreement before the day of mediation. You should consult with your CPA before mediation to determine how and when you would prefer the settlement to be paid for tax purposes. You should think about whether confidentiality or non-disparagement provisions will be important to either side. Litigants usually only focus on the biggest question during settlement discussions – how much? But, when closing a deal, the devil is truly in the details. The IMcP lawyers strive to tie up all the loose ends and not leave mediation until the deal is signed, sealed, and delivered.