Kennedy Johnson LLC

Litigation

Representative Litigation Matters

Throughout their careers, James Kennedy and Steven Johnson have enjoyed an enviable record of litigation success in complex commercial disputes. Since the formation of Kennedy Johnson LLC in May 2004, the firm has successfully tried three significant commercial disputes. In one action, the firm secured an award for past damages of nearly $20 million and a declaratory judgment worth up to an additional $80 million. In the two other actions that have been tried during the past year, the firm settled the actions during trial on very favorable terms.

Representative examples of Kennedy Johnson’s recent litigation successes include:

Winning judgment for the plaintiff, following a five-week trial in the San Francisco Superior Court, ruling that defendants, the majority shareholders in a massive Philippine hydroelectric and irrigation facility, had miscalculated their rate of return under a minority shareholder dilution formula contained in the parties’ shareholders agreement, awarding plaintiff approximately $20 million in past damages and declaring that plaintiff had retained its 15% ownership interest in the project, thereby entitling our client to estimated future distributions of up to an additional $80 million.
Negotiating a favorable settlement on behalf of a major publishing company and commercial tenant, involving claims of constructive eviction, past due operating expenses and unreasonable refusal to approve a subtenant.
Successfully defending the general partner of several limited partnership against claims in the New York Supreme Court of breach of fiduciary in managing real estate investments and sustaining, through motion practice and settlement during trial, the general partner’s rights to share in the investment proceeds and to payment of his attorneys’ fees.
Securing an early trial date in a Florida trial court, less than 10 months after filing the complaint, and negotiating a favorable settlement just weeks prior to the start of trial in an action for enforcement of a purchase price adjustment based on the seller’s breached warranties and representations to the buyer of a boat trailer business.

In addition, the following are representative litigation matters in which James Kennedy and/or Steven Johnson served successfully as lead or co-lead counsel prior to their formation of Kennedy Johnson LLC:

Defending a former outside director of a prominent New York hotel against claims in the New York state and federal courts of breach of fiduciary duties and alleged RICO violations and negotiating, several months after their appearance in the matter, a global settlement of claims and counterclaims involving multiple parties located in diverse jurisdictions throughout the world.
Obtaining summary dismissal, following a brief evidentiary hearing, of a petition in the New York Supreme Court to enjoin the then ongoing construction of the AOL Time Warner center based on clams of alleged SEQRA environmental law violations.
Negotiating a favorable monetary settlement, following extensive discovery, in favor of the landlord of a Park Avenue office tower who alleged in the New York Supreme Court that the sale of a tenant’s business constituted the unauthorized transfer of a valuable leasehold interest in the building.
In arbitration, defeating tens of millions of dollars in claims by a commercial tenant for alleged breach of commercial lease provisions relating to the calculation of operating expense escalations and alleged overcharges in rent.
Defeating Tricon Global Restaurants’ attempt to enjoin Minor International Pcl from operating a competing pizza business for 18 months in Thailand, in alleged breach of a franchise agreement, and negotiating a favorable settlement of claims brought in federal court.
In two separate federal court actions, obtaining emergency injunctive relief for a large tobacco products company and a maker of consumer products against the importation and sale of unauthorized “gray goods.”
Securing a judgment, following a two-week long trial in a New Jersey Superior Court, that a Fortune 100 semiconductor manufacturer had not unlawfully pirated a competitor’s former employees to gain access to proprietary methods for implementing a digital modem technology.
Defeating efforts in a Philadelphia federal court to preliminarily enjoin the U.S. introduction of a flexible toothbrush by a Fortune 200 consumer products company on grounds of alleged patent infringement, and securing summary judgment dismissing the complaint in its entirety.
Obtaining a jury verdict in a New Jersey federal court on behalf of a Japanese-based camera manufacturer, rejecting the plaintiff’s claim that the manufacturer had used the plaintiff’s proprietary auto-focus technology to develop a breakthrough autofocus camera.
Negotiating a substantial monetary settlement resulting in payments to their client, a real estate developer, who had been charged with fraud in relation to the development of a failed, upscale shopping center.
In arbitration, obtaining an expansive injunction enforcing a franchisee’s territorial exclusivity rights against Gianni Versace S.p.A.

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