Client Success Stories
Successful Telecommunications Tax Case
The validity of a rule promulgated by the Montana Department of Revenue, limiting the scope of the property tax exemption for intangible personal property, was brought into question recently. AT&T Mobility and Verizon Wireless successfully challenged the rule in a declaratory judgment action in Montana state district court. Partner Rick Smith successfully represented AT&T in the case, and in the Montana Supreme Court appeal that followed. On September 24, the Court affirmed the district court decision, holding that the rule placed impermissible restrictions on a statute that provided a broad exemption to taxpayers.
Wind Energy Project Financing Secured
Hawley Troxell’s renewable energy team helped secure financing valued at over three-quarters of a billion dollars for wind energy projects throughout the United States, including six projects in Idaho.
Hawley Troxell’s extensive experience in wind energy, lending, and the ability to give a meaningful legal opinion in support of the transaction made it possible. The team was led by Tim Tyree, with support from Mike Stoddard, Dick Riley, Paula Kluksdal, Brandon Crane, and Justin Cranney.
Major Victory Secured for Client
Partner Steven Schossberger successfully represented Hawley Troxell’s Boise-based client in the dismissal of over $1 million in claimed damages in a lawsuit litigated in California. On Hawley Troxell’s counterclaim, the Judge awarded the client significant damages and granted the requested declaratory relief settling the client’s intellectual property rights to its software.
Schossberger is a member of Hawley Troxell’s exceptional team of 24 litigators who regularly earn victories for clients in a range of complex litigation matters locally and nationally.
Idaho Supreme Court Victory
Partner Steven Schossberger successfully represented his client in the summary dismissal of the contactor’s lien claim in the district court. The Idaho Supreme Court affirmed the district court, and established under the Idaho Contractor Registration Act that a limited liability company acting as the contractor must register even if a member of the LLC has personally registered.
Jury Trial Success for Advantage Sales and Marketing Holdings, LLC
After the plaintiff chose to terminate his employment with Advantage Sales and Marketing, the company exercised its right to buy back the plaintiff’s equity. The plaintiff contended that he did not have to comply with the Call Notice, that the Board of Directors had not acted in good faith in determining the Call Price for his equity, and that the company had not acted in good faith in responding to his requests for documents. Advantage asserted a counter lawsuit against the plaintiff seeking that the Court order him to surrender his certificates of equity ownership.
Partner Steven Schossberger conducted a six day jury trial involving eight lay witnesses and three expert business valuation experts. At the conclusion, the jury returned a verdict in favor of Advantage on all claims asserted by the plaintiff for approximately $1.2 million, and the Court will order Advantage’s request for specific performance against the plaintiff.
Advantage’s CEO, Sonny King, said, “Mr. Schossberger did a superb job on this case, and compliments go out to the Hawley Troxell team on its excellent legal representation of Advantage.”
Hawley Troxell Assists TriGeo with Successful Liquidity Event
Members of Hawley Troxell’s corporate finance group represented TriGeo Network Security, Inc., based in Post Falls, Idaho, in a cash merger with Solar Winds, Inc. (NYSE: SWI) in a transaction valued at approximately $40 million. The transaction was announced by Solar Winds on June 23, 2011, and closed on July 1, 2011. Led by business department Chair Nick Miller, the Hawley Troxell team included corporate attorneys Brian Larsen and Nick Taylor, IP attorney Brad Frazer, and benefits attorney Bret Brusacker. Hawley Troxell congratulates TriGeo on its well-deserved success.
TriGeo CEO Michelle Dickman said, “When SolarWinds came to us with the idea of an acquisition, I knew that I would need a law firm with the range of skills to help us with the complexities of the transaction. Nick, Brian, and the team worked tirelessly to make sure that TriGeo Network Security, Inc. and its investors had the best representation possible. I had complete confidence that they could get the job done.”
The Banking Industry
Involving a foreclosure sale, the purchaser had filed a lawsuit and a motion for preliminary injunction with the intention being to stop the sale. An intensive two-week period ensued involving our Hawley Troxell banking team, discovery, and several hundred pages of documents. The Court ruled in the client’s favor. Hawley Troxell attorneys settled the foreclosure action on extremely favorable terms that went beyond the client’s initial expectations.
Appeals are as hard-fought as initial cases. The Court issued a unanimous decision granting the appeal of Hawley Troxell’s government client and setting aside an order that encroached upon the powers of the client with respect to regulation and allocation of costs.
The Financial Services Industry
Relating to the validity, priority, and amounts, the Court found for Hawley Troxell’s client, a multi-national financial services company, on all issues related to a seven-figure lien against a pedestrian village.
The plaintiff’s tying claim alleged that realty companies blocked the purchase of subdivision lots in the Treasure Valley unless the companies were paid a commission on the build-out price of the lots. Developers in marketing subdivisions during the real estate growth period in the Treasure Valley had frequently used this particular marketing strategy.
The Ninth Circuit affirmed the grant of summary judgment to Hawley Troxell’s real estate client in a multi-million dollar anti-trust tying class action. The opinion held that tying claims are impermissible when there is “zero foreclosure” of competition in the market for the tied product, as there was in this case, because no buyers of the tying product wanted to purchase the tied product at all.