Successes

Newmeyer Dillion Defends National Homebuilder From Purchase Contract Cancellation in Las Vegas

Newmeyer Dillion successfully defended a national homebuilder against claims brought by purchasers seeking to cancel the purchase contract for a new home in Las Vegas. Claimants demanded a refund of deposits that the contract stated were nonrefundable and that were unlikely to be recouped if the home was later sold to another buyer with different tastes. The dispute was the first to test the homebuilder’s Nevada-specific contract, which we drafted and tailored from the homebuilder’s California contract with an eye toward managing litigation risk in the jurisdiction in order to protect the client from the outset. Our strategy focused on demonstrating that the provisions of this Nevada-specific purchase agreement protected the homebuilder throughout the construction process and did not entitle the claimants to a refund. Ultimately, the arbitrator agreed that our client was not required to issue a refund or provide a credit to the claimants towards the purchase of a new home, in a rare total defense arbitration award.

Resources

Negotiated and closed asset sale to publicly traded entertainment group

Represented nightclub owner/operating entity in sale of 100% of its assets to publicly traded entertainment company headquartered in Texas in complex cash, stock, and options transaction.

Negotiated, documented and closed 100% stock acquisition of out of state corporation

Represented purchaser in acquisition of 100% of stock of a construction company based in Florida, including all due diligence and ancillary corporate work.

Prevailed in binding arbitration for trade contractor under Nevada’s Prompt Pay Act

Flooring contractor demanded arbitration against commercial builder for monies due under subcontract and associated delay damages.  Prevailed in claims of violation of Nevada’s Prompt Pay Act, recovering nearly half a million dollars in unpaid pay applications and change orders for the client.

Successfully closed $8 million patent acquisition transaction for Nevada purchaser

Represented purchaser in acquisition of a number of patents, patent rights, licenses and production rights from the inventor for approximately $8 million, including, in coordination with the parties’ retained patent lawyer, preparation of the asset purchase agreement and all necessary ancillary agreements for the transaction in addition to forming all of the required entities and subsidiaries for the purchaser.

Successfully defended against business tort claims and claims of “imputed partnership” for real estate investor in week-long bench trial

Two real estate investors with properties in California, Nevada, and Texas terminated their relationship, after which, the other party alleged the two had actually been “partners” and asserted claims of fraud and other business torts, as well as claims of an “imputed partnership” with the client, seeking damages of nearly $8 million.  Defense judgment issued as to all tort and partnership claims.