Negotiate your best settlement with experienced counsel: Richard Katz

Representative Transactions

Client was sued for breach of physician billing contract by long-time customer that de-installed and converted to a competing vendor. Customer was a new shareholder in the competing vendor.
OutcomeClient found not liable; attorney fees were awarded to my client.
Client was owed $1.2m by an insolvent former customer.
OutcomeNegotiated a plan that resulted in former customer increasing its collections, paying $1.2m cash to my client over 12 months, and contractually committing to purchase $1m of medical equipment from my client.
Client was reselling an ancillary hospital system sourced from a vendor in Europe. The vendor chose not to renew the reseller relationship, which terminated the vendor’s non-compete obligation. The vendor promptly began actively competing in my client’s customer base.
OutcomeThrough various communications with the vendor and customers, was able to delay the vendor from poaching customers while my client developed a successful product replacement strategy to retain customers and preserve revenue.
Four unencrypted laptops were stolen from rental car of client’s employee. The missing devices contained personally-identifiable information from four different corporate customers, including one that de-installed years earlier; 50k affected individuals.
OutcomeManaged the security and risk assessment and the data breach notification process; no lawsuits filed, no damages paid, and no negative publicity. Client estimated total cost of remediation at $20k. Worked with client to revise data collection and storage practices, processes, and procedures to prevent recurrence.
Software company client was notified by its customer that a setup error resulted in personally-identifiable information being available online to all customer employees.
OutcomeRapid investigation led to determination that the breach resulted from end user’s own procedural breakdown. No reporting and no adverse publicity to client. Worked with my client to assess and update its own procedures to anticipate and prevent a similar occurrence by other end users.
Upstream supplier improperly terminated reseller agreement; supplier also initiated arbitration alleging breach by my client.
OutcomeSuccessful arbitration led to the profitable sale of existing accounts to the manufacturer and the reduction of client’s expenses. During the arbitration, negotiated a reseller agreement with a replacement vendor that was highly profitable to client.
Client desired to terminate a long-term reseller agreement without penalty.
OutcomeEngineered a profitable settlement that reduced client’s expenses and avoided almost certain litigation.
Client released software that did not undergo complete testing, resulting in regulatory non-compliance for many of its customers.
OutcomeWorked with client management to successfully manage the dispute resolution process and minimize damages involving 200+ customers.
Client was sued for breach of billing software contract; damages claim of $25m.
OutcomeSuccessful settlement discussions resulted in plaintiff withdrawing claim; no damages paid and minimal legal expense incurred.
Client was not in compliance with license from upstream supplier for many years. Issue became known during renewal discussions.
OutcomeNegotiated settlement was no fees paid for prior years and favorable go-forward license terms/fees.