Litigation

Overview

For those who have braved the storm of life and business, conflict may very well be inevitable. Businesses and individuals turn to Caldera Law when they need an advocate to champion their cause and guide them through some of their most trying times. We relish the role of being true counselors by learning our client’s underlying business so that we can empower them to navigate risk and make strong business decisions.

Our litigation team has the reputation, proven track record, trial experience, and grit required to be successful. We routinely represent both plaintiffs and defendants in high-stakes litigation pending in state and federal court. We have extensive experience handling a broad range of disputes including complex commercial litigation, employment and executive compensation litigation, trade secret litigation, financial services litigation, corporate litigation, real estate litigation, construction litigation, personal injury, and criminal defense.

Rather than unnecessarily dragging cases out, overworking the file, or simply taking the conventional approach, we develop a litigation plan from the outset to focus on what’s important for winning each case in the most efficient way possible. While we have the experience of having worked at large law firms, we avoid the traditional approach to practicing law. Caldera Law frequently partners with our clients in adopting alternative fee arrangements that include contingency fees, flat fees, and hybrid fees. 

Our litigation practice is led by Anthony Narula who is an accomplished and relentless trial lawyer.

Notable Cases

Represented the creator and rightful owner of the trademarks for the “Bâoli” brand of restaurants and nightclubs and the “My Boyfriend is Out of Town” theme party. Within the span of six months, substituted in as counsel, lifted a stay, demanded an immediate trial date, defeated the Defendants’ motion to amend their answer and counterclaims, defeated their motion for summary judgment, obtained an order striking their famous trademark expert witness, defeated their motions to delay trial, and won an $8.5 million jury verdict in favor of the trademark owner and against the defendant company, including holding the perpetrator individually liable for the full amount.

One week before a private equity fund signed a $700 million letter of intent with Clorox, it wrongfully terminated one of the partners, depriving him of $5 million worth of carried interest. After substituting in as counsel for international law firm and client’s New York lawyers, took the case on risk and got the case to trial where, during opening statements, the trial judge began ruling against the Defendants’ positions “as a matter of law,” resulting in a settlement before the end of the day.

Three years after a financial services company was acquired by a major credit card processing company, the CEO was wrongfully terminated depriving him of his salary, bonus, and visibility into the company in which he retained a 50% interest. With litigation already underway and $30 million at stake, declared a “seller acceleration event,” forcing an appraisal process, and orchestrated a high-stakes mediation that resulted in a settlement within six months of the commencement of litigation.

Represented one of the largest mortgage companies in the country in contract dispute with loan servicer over the sale of servicing rights to certain residential mortgage loans. Argued the servicer failed to comply with conditions precedent and materially breached the agreement in a termination notice which allowed the client to negotiate a new, more profitable agreement going forward and saving a total of $2M, all while avoiding litigation and maintaining a valuable business relationship.

Member of the team that prosecuted claims by the former CEO of Norwegian Cruise Lines against the Virgin Group involving misappropriation of a business idea for $300 million.

Assisted in the prosecution of international arbitration claims for an agrichemical company to recover for certain breaches of fiduciary duty relating to multimillion-dollar mining permits it held against two individuals and their companies.

Successfully obtained dismissal of action with prejudice within 6 months where our client was sued for fraud and reformation of a quit claim deed in connection with the acquisition of real estate. As a result, our client maintained full ownership of the property, paid nothing to the plaintiff, and avoided protracted litigation and expense.

Represented acclaimed local Executive Chef in partnership dispute where majority shareholder attempted to dilute Chef’s ownership interest in restaurant and assert ownership of Chef’s IP. Within weeks of being retained, successfully negotiated buyout of Chef’s ownership interest at a valuation well above earnings based on company’s financials during COVID-19 pandemic.

Voluntary dismissal of a federal action for breach of contract against mortgage originator, Evergreen Home Loans, after gaining favorable concessions during the deposition of the plaintiff, Franklin American Mortgage Company.

Representation of mortgage lending affiliates for major homebuilders in defense of multiple lawsuits brought by the FDIC as Receiver for AmTrust Bank relating to alleged loan defects in connection with separate mortgage loan portfolios. As a result of our substantial efforts, our clients were able to successfully settle the cases at mediation for a small fraction of what was being sought, well below settlements obtained by other defendants in identical cases brought across the country.

Defended mortgage companies accused of breaching their contract with Residential Funding Company (“RFC”) by selling RFC bad loans that contributed to its bankruptcy in sprawling lawsuit in Minnesota federal court.

Counsel to several mortgage lending companies affiliated with nation’s largest homebuilders in various actions brought by Lehman Brothers alleging breach of contract and seeking indemnification for loan defects.

Closing argument directly quoted in a published appellate opinion, E.L.F. v. State, 33 So. 3d 760 (Fla. 4th DCA 2010), where Florida’s Fourth District Court of Appeal reversed the trial court and granted client a full victory.

Appellate victory reversing trial court and dismissing action in J.M.P. v. State, 43 So. 3d 189 (Fla. 4th DCA 2010), where state failed to satisfy its burden of proof by presenting evidence supporting the deadly nature of a BB gun.

Successfully introduced video of police officer’s prior excessive force on unrelated individuals in trial of defendant charged with Battery of a Law Enforcement Officer. The client was acquitted after jury trial and the case was covered by local media outlets.

Obtained Not Guilty verdict for client charged with Battery on a Law Enforcement Officer after court admitted Internal Affairs reports of officer’s prior misconduct.

Client acquitted of Delivery of Cocaine after trial despite the state presenting jury with video tape of transaction with undercover informant.

Acquittal obtained for client charged with Resisting Arrest with Violence and Possession of Marijuana, where officer testified marijuana was found in Defendant’s pocket by arguing arresting officer contaminated the drugs.