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Experience
Appellate
Doe Corporation v. Qwest Dex Inc.
Court of Appeals of Colorado
Representation of Qwest Dex in claim alleging that Dex Media wrongfully published the address of a battered woman's shelter. Perkins Coie was assigned the case after the trial court had denied a petition to stay pending arbitration. Court of appeals reversed and remanded with an order to compel arbitration. 2004 WL 1798272 (Colo. Ct. App. 2004)
NCR Corporation v. Sac-Co Inc.
U.S. District Court for the Southern District of Ohio
U.S. Court of Appeals for the Sixth Circuit
AAA Arbitration, Binghamton, New York
Representation of NCR in arbitration against former dealer. The arbitrator awarded NCR its full damages and the dealer a small amount of compensatory damages, but also awarded punitive damages against NCR to be allocated pro rata to all similarly situated NCR dealers, even though only one was a party to the arbitration, and the case was not a class action. On petition by NCR, the United State District Court for the Southern District of Ohio vacated the punitive damage award and the Sixth Circuit affirmed. 43 F.3d 1076 (6th Cir. 1995)
Litigation
Delphi Automotive Systems, LLC v. ACE American Insurance Co., et al.
Circuit Court of Michigan, Oakland County
Contingent business interruption insurance claim against 14 insurers arising out of March 2011 Japanese earthquake and tsunami; resolved in less than one year through agreed-upon alternative dispute resolution procedure.
Applied Digital Data Systems v. Pick Computer Works
U.S. District Court for the Central District of California
Prosecution of California federal court action for declaratory relief and damages arising out of licensing agreement for operating system software.
Applied Energy Technology v. NCR Corporation
AAA arbitration, New York, New York
Defense of $23 million claim in New York for alleged breach of marketing agreement involving automatic meter reading/load management equipment.
Bulletin News Network Inc. v. Briefings Inc., et al.
Circuit Court of Virginia, Fairfax County
Representation of Bulletin News Network in successful action against an electronic publisher and three of its officers and employees for violation of non-compete agreement and theft of trade secrets. Case settled after three-day evidentiary hearing.
Computer-Related Arbitrations and Litigation for NCR Corporation
Representation in arbitrations (and motions to compel arbitration) and litigation in California, Oregon, Ohio, Colorado, New York, Washington, Maryland, Mississippi, Alabama, Florida and elsewhere involving claims brought by purchasers and resellers of computer systems.
MicroStrategy Inc. v. J.C. Penney Company v. NCR Corporation
U.S. District Court for the Eastern District of Virginia
Representation of NCR Corporation in litigation in Virginia involving the licensing of business intelligence software by J.C. Penney.
NCR Corporation v. Traveler's Insurance Company
U.S. District Court for the Southern District of Ohio
Prosecution of Delaware federal court action seeking declaratory relief and damages in connection with insurance coverage for more than $20 million of environmental claims involving multiple sites in several states.
Packs Group Corporation v. NCR Corporation
AAA arbitration, Dayton, OH
Defense of $5 million claim in Ohio for alleged fraud and breach of contract brought by former value-added reseller and software house.
Qwest Communications Corporation v. City of New York
U.S. District Court for the Eastern District of New York
Challenge to municipal telecommunications franchise agreement, under section 253 of the Telecommunications Act of 1996 and the Civil Rights Act.
US WEST Inc. v. Time Warner Inc.
Delaware Chancery Court
Assistance in representation of the former US WEST in claims against Time Warner arising out of Time Warner’s acquisition of Turner Broadcasting Systems. 1996 WL 307445 (Del. Ch. 1996)
