Strategy: Know where you want to go before you start your journey.
Although this case was not our highest dollar value case (under $5 million at issue), in Sanchez v. Readix, et al., Etan Mark, serving as lead counsel, successfully defended a South Florida engineering firm in a truly “bet-the-company,” knockdown, drag-out street fight against an AmLaw 100 firm. In three different forums – Orange County (Orlando) complex business court, an arbitration in Miami and federal court in Miami – a subcontractor leveled explosive racketeering and government fraud claims against a young, growing engineering firm and its unimpeachable principals. This young firm was accused of mail fraud and wire fraud, and lying to the United States government in connection with a defense contract. The case began with a state court case filed in Orlando, which we successfully argued must be arbitrated in Miami. The order compelling arbitration was appealed, and we prevailed on that appeal, too. Embarking on a “shock and awe” strategy, the Plaintiff then filed three actions nearly simultaneously – an arbitration in Miami, a federal racketeering case and a second federal case seeking damages under The False Claims Act, contending that the defendants defrauded the United States government. Both the RICO case and the False Claims Act cases, before two separate federal judges, were dismissed with prejudice. After a five-day arbitration, the defendant prevailed completely in the claims brought against it and zero damages were awarded to the Plaintiff. Don’t believe us? Read about it here.