Arbitration

Arbitration is a significant part of LPHS’s litigation practice. We have handled arbitrations before private arbitrators, including all major arbitration tribunals, in a wide variety of business disputes throughout the United States. We have had particular success arbitrating disputes arising out of purchase and sale transactions – for example, disputes over earnouts and contingent purchase price adjustments – and handling executive compensation disputes.

For plaintiffs, we prevailed for companies suing their audit firm for malpractice, for executives wrongfully terminated by their employers, for oil and gas companies in disputes with operators, and for investors in FINRA arbitrations involving claims of breach of fiduciary duty, negligent misrepresentation and fraud. For defendants, we represented homebuilders against claims of real estate fraud and deceptive trade practices, attorneys in fee disputes, purchasers against actions brought under transactional documents, companies in commercial contract disputes, and insurers in coverage disputes relating to settlements of product liability litigation.

We represented a regional hospital in connection with the arbitration of its audit malpractice claims against one of the Big Four accounting firms, which involved the misstatement of accounts receivable and damages resulting from reliance on erroneous financial statements. After extensive discovery and a three-week arbitration, the arbitration panel issued a unanimous decision in favor of our client in which it awarded a confidential seven-figure amount.
We represented PHNS in three separate arbitrations arising out of a series of corporate acquisitions. Each arbitration involved the selling entities’ claim for a contingent purchase price and/or earnout payments. The arbitrations occurred in Colorado, Alabama and Dallas. We tried each of the cases to a final decision, and in each case, the arbitration panel found in favor of PHNS and awarded no additional payments to the selling entities.
We represented a law firm in a class-action arbitration where the plaintiffs sought disgorgement of millions in fees paid for legal services. After discovery, LPHS settled the case in arbitration on a nationwide basis on favorable terms.