Tyler E. Chapman and Suzanne Elovecky successfully defended their client – a Boston-based private equity firm that purchased a software company – against a business broker's claim for a business commission in arbitration with JAMS in San Diego, Calif.
The case arose after the firm's client purchased a software company based in Texas. The broker's only commission agreement was with the software company, but the broker nevertheless chose to pursue a claim for its commission against the private equity firm which bought the company.
The arbitrator, however, rejected all of the broker's arguments, including the broker's unsubstantiated claims that the firm's client had not behaved in good faith. Having prevailed in the arbitration, the firm's client is also entitled to seek its attorney's fees under the "prevailing party" provision of its non-disclosure agreement with the broker.
Mr. Chapman, a partner at the firm, handles an array of business and real estate disputes. Ms. Elovecky has a diverse complex commercial litigation practice, including contract disputes.