Robbins Firm Attorneys Secure Summary Judgment Win for Client in Complex Fee Dispute

Written by Firm | Nov 15, 2021 | Results | Print PDF

After a hard-fought briefing battle, a federal district court judge in Atlanta ruled that an Employee Stock Ownership Plan (ESOP) advisor represented by the Robbins Firm may proceed to trial on its claim to recover a seven figure fee against an online auction site in a case the federal court described as “a financing deal gone bad.”  The ESOP advisor provided advice that helped the online auction obtain over $65 million in financing, which entitled the ESOP advisor to a substantial commission under the terms of the parties’ written agreement.  The online auction refused to pay the commission, however, and a federal lawsuit ensued involving complex issues of federal and state securities laws, along with claims for breach of contract, fraud, unjust enrichment, and attorneys’ fees.  The online auction site asserted several claims, including for securities law violations and fraud.  On November 3, 2021, United States District Court Judge Thomas Thrash dismissed some counterclaims but held that the ESOP advisor could go to a jury on its counterclaims of “unjust enrichment”  and for its attorneys fees.   The Court dismissed the online auction site’s substantive claims.  The only issue remaining for trial is the amount to which the ESOP advisor is entitled as well as attorneys’ fees.

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