James A. Budinetz

Gaming industry investors and developers—Arbitration award

Represented the investors, developers, and managers of a hotel resort and casino on an American Indian reservation in California. The owners terminated the lucrative management and development agreement with the clients shortly after the resort was opened. Following a six-week arbitration, the Arbitration Tribunal entered an eight-figure award in favor of the clients.

Legal malpractice defense—Jury verdict

Following a three-week jury trial in federal court, obtained a verdict rejecting claims of malpractice brought against a national law firm and awarding the firm damages on its counterclaims.

Product liability defense—Jury trial

Retained by a large Japanese industrial equipment manufacturer as “parachute counsel” replacing prior counsel 30 days before a jury trial in Massachusetts federal court in a high-exposure product liability case. Obtained a favorable settlement during trial.

Real estate development company—Arbitration award

Represented the minority partner and project developer in a nine-day arbitration arising out of construction and remediation of power plant. Obtained a seven-figure award.

Hospitality industry company—Injunctive relief in contract dispute

Prosecuted claims against an internationally known hotel management company on behalf of the owners of prominent hotels in New Orleans and Dallas that sought to terminate a long-time management agreement and evict management based on a “change of control” clause in their agreement. Prevailed in obtaining possession of the hotels following injunction hearings.

Securities firm—Contract dispute

Defended a securities firm in a dispute with a major internet service provider over an alleged online advertising contract involving damages in excess of $100 million. After successfully obtaining a court order permitting access to damaging documents relating to alleged securities fraud, plaintiff withdrew the case to avoid production.

Real estate executive—Development dispute

Represented a well-known former president of a real estate development company in a dispute with his former company over the handling of $40 plus million dollar residential development in Greenwich, Connecticut.

US Air Force Base Redevelopment Authority—Real estate dispute

Defended an action on behalf of the US Air Force Base Redevelopment Authority in federal court in Washington, DC involving claims that plaintiff was entitled to millions of dollars of land from a decommissioned military base in Texas. All claims were dismissed by the Court.

Securities firm—Contract dispute

Enforced the terms of an online customer agreement on behalf of a major securities trading firm against novel claims by securities traders alleging that the terms of the online agreement were not sufficiently disclosed in light of the use of hyperlinks and therefore were not enforceable. Obtained dismissal of the case.

High net worth individuals—Success fee dispute

Represented a group of “turn-around” executives in a multi-million dollar dispute with the then-largest privately held company in the US over a complex calculation of a success bonus following the repositioning and sale of a troubled subsidiary.

Builder/developer—Contract dispute

Represented the builder/developer of multiple casinos owned by an American Indian tribe in New York following the termination of a contract by the tribe.

International oil company—Wrongful death case

Obtained dismissal on summary judgment of all claims asserted against an international oil company and property owner in a wrongful death case arising out of claims of insufficient security.

Closely held businesses—Intra-company disputes

Represented members and managers of closely held limited liability companies in disputes with co-members and co-managers and in dissolution actions.