$12.5M Awarded in Breach of the Implied Covenant of Good Faith and Fair Dealing

Juris-LTS-12.5M-Awarded-in-Breach-of-the-Implied-Covenant-of-Good-Faith-and-Fair-Dealing

Supporting Counsel: Plaintiff
Services: Trial Preparation, Trial Graphics, In Court Tech Support

How much is a life’s work worth? The defendant in this case offered the plaintiff a Friday handshake deal of $12.5M – in cash or an equal amount of value in company shares – for 40 years of software development. In addition, defendant would provide jobs for both the plaintiff and his employees.  In response, the plaintiff closed his business, and began working for the defendant the following Monday.

However, after seven months of working and multiple inquiries as to the status of his $12.5M payment, the plaintiff becomes frustrated and reaches out to the defendant’s General Counsel about resignation. The GC agrees via email to severance and the $12.5M.

However, one month earlier, the defendant’s company had gone public and shares dropped 90% in price.

The plaintiff is now offered only the company shares. Plaintiff is seeking the $12.5M in cash per the original offer.

Critical to the trial is the actions of the plaintiff in response to the handshake agreement vs the actions of the defense.  JURIS LTS assisted in:

  • Development of 3×4 foot calendar depicting the plaintiff’s business closure the week following the verbal agreement
  • Sharing repetitive emails and communications discussing the $12.5M with the General Counsel and others, including a contract that was never signed – inclusive of the $12.5M
  • Highlighting additional documentation for other business transactions with the defense which were backdated, and in some cases, appeared to have fake signatures

The trial was held in the Miami Dade County Courthouse, built in 1925, and needless to say, lacked in technology. However, with JURIS LTS on their team, the Plaintiff had access to a projector, screen, witness monitors, counsel table links, a document camera and more.

  • With Juris LTS, the plaintiff’s team presented confidently with OnCue, zooming, highlighting and focusing the jury on key points on the screen.
  • In contrast, the defense team lumbered through a fixed powerpoint.

The jury awarded the plaintiff the full $12.5M and $150K for the closing costs of his business.