Complex Civil Litigation
Case: Stenovich v. Eccles
Client: Stanley, Mandel & Iola LLP, and Anderson &
Karrenberg PC
Venue: Utah State Court, Salt Lake City
Year: 2003
Examples
The shareholders of a bank filed a class action
complaint for breach of fiduciary duty against the chairman of their
board of directors for terminating talks on a more favorable merger
and abruptly executing a merger with another, larger bank. Our clients,
the plaintiffs, contended that the board chairman's actions were contrary
and detrimental to their interests and filed the class action suit.
Challenges:
The defendant filed a Motion for Summary Judgment. Think Twice would
need to help establish the existence of triable issues of fact so
that the judge would deny the Summary Judgment motion and allow the
case to proceed to trial. We would need to be very efficient in our
work as the hearing was imminent, and the trial team was located in
Texas, California, and Utah.
Solutions:
To address the geographical challenges, we conducted all client review
efficiently via our secure extranet site, and we identified a quality
print vendor in Salt Lake City with the capacity to print and deliver
multiple hardboards on short notice.
Relying on our capabilities to work in any venue
and at any stage of litigation, we quickly designed, produced and
delivered a series of persuasive exhibits to establish:
1. A favorable statutory framework compelling
trial of the case;
2. A favorable determination that defensive measures undertaken by
the chairman of the board were not reasonable; and
3. A favorable determination of the fiduciary duty of the board and
the materiality of the nondisclosed information, thus defining the
route to potential liability and damages at trial.
Outcome:
Having established triable issues of fact within the statutory framework
and legal precedent, our client's argument prevailed and the matter
proceeded to trial.
Services Provided
• Strategic Planning
• Creative Development
• Graphic Design
• Technical and Medical Illustrations
• Tutorials
• Deposition and Impeachment Exhibits
• Video Editing
• 2D and 3D Animations
• Still Graphics, Slides and Boards
• Document Scanning and Coding
• Databasing
• War-Room Management
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