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I suppose within the last few years the
most common contract disputes I’ve
handled
have been lease disputes commercial
leases
within the last
three or four years I’ve had as many as
11
uh uh lease disputes
pending in the southern district of
Texas
involving
projects down there that one of my main
clients had
we had to win those cases
they were contract disputes they were
obligations that the landlord had that
was not fulfilling
and so we sued them
and they mustered a huge fight because
the landlord had sold these leases to a
Reit a real estate investment trust and
they’ve got Deep Pockets
and so that was kind of what we did we
did that lawsuit
and
we won those cases
other cases involve
uh someone who is hired
to be a representative of an entity in
Australia for example this is one of my
cases
to develop facilities in the United
States
and so my client went out and bought
real estate property around the United
States
and then the company in Australia
told him that they weren’t they weren’t
going to reimburse them for those
Acquisitions because they were in
financial Straits
so we sued them we took him to a jury
trial here in Maricopa County
we ended up with a 60 million dollar
judgment against them after the jury
trial
so they filed insolvency in Australia
and then I end up in the end up in the
uh bankruptcy courts
in Wilmington Delaware where they’re
trying to uh have a foreign insolvency
proceeding recognized by the bankruptcy
courts in the United States
so we had to fight that up there
because no one ever heard
of an insolvency international
insolvency you don’t hear about those
very often
so there were evidentiary hearings that
went on with that and I learned
something again about large large law
firms in that case
that people should understand in the
bankruptcy court I only do adversary
proceedings
adversary proceedings in this Equitable
Court which is a bankruptcy court it’s
not an article three court They Don’t
Really apply the Rules of Evidence as
strictly as they do in an article 3
Court that’s a United States District
Court that you think of as a district
judge at the courthouse
so what they do for direct exam
examinations in these types of cases the
other the other side typically
prepares an affidavit
and they submit it to the judge and they
did in this case so judge our witness of
course is in Brisbane Australia we’ve
have him remoted in here
but to save time since it’s 2 A.M in
Brisbane right now
we’ll just use this declaration as our
uh direct examination and Mr Williams
may now cross-examine the witness
the judge says uh
is that okay with you Mr Williams I said
no
uh I don’t want to cross-examine an
outfit I want him
to ask his client questions
so the judge looked at the lawyer who
was from one Rockefeller Plaza in
downtown New York and he had four
lawyers with him in two paralegals he
said well John your honor that’s not the
way we typically do that in bankruptcy
court he says well we don’t typically do
that because the other lawyer agrees but
Mr Williams is not agreeing so you need
to do direct examination on your client
now this is a lawyer charging twelve
hundred dollars an hour
really experienced from a prestigious
Law Firm who began to act questions and
I began objecting and the judge was
substaining every one of my objections
finally the lawyer said well your honor
I’ve never done a direct examination
before
and the judge says and you’re not doing
a very good job that’s why I’m sustained
Mr Williams’s objections maybe one of
those other lawyers with you can ask a
question that’s correctly so you got to
be careful about what you’re getting or
what happens in the courtroom even with
the large law firm and by the way I I
won that case we then ended up with
ancillary proceedings here in Arizona
now did we collect anything no we got
offsets for claims they had against us
because they truly did go insolvent and
unfortunately there wasn’t money to
collect but I have on my wall right here
uh an award that was given to me by the
State Bar for having one of the largest
jury verdicts in Arizona that year
so those are those are typical of the
sorts of cases that I do they’re very
complex they often involve
constitutional issues uh contract issues
uh nuances those sorts of things that
happen
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Scottsdale, AZ commercial litigation attorney Daryl Williams talks about some of the most common contract disputes he handles. He explains that in recent years, the most frequent contract disputes I have handled have primarily revolved around commercial leases. Specifically, within the past three to four years, I have been involved in as many as 11 lease disputes in the southern district of Texas. These disputes arose from projects associated with one of my key clients. It was imperative for us to secure victories in these cases, as they centered on contractual obligations that the landlords failed to fulfill. Consequently, we initiated lawsuits against them.
The magnitude of the fight we encountered was significant, considering that the landlords had sold these leases to a real estate investment trust (REIT) with substantial resources at their disposal. Nevertheless, we pursued these legal actions and emerged successful in obtaining favorable outcomes. These cases were contract disputes demanding resolution.
In addition to lease disputes, I have also handled cases involving individuals hired to represent entities based in Australia for developing facilities in the United States. One such case involved my client’s acquisition of real estate properties throughout the United States, only to be informed by the Australian company that they would not reimburse these acquisitions due to financial constraints. Consequently, we initiated legal proceedings against them and proceeded to a jury trial in Maricopa County. Following the trial, we secured a significant judgment of $60 million against the Australian company.
Subsequently, the Australian company filed for insolvency in Australia, leading to further legal proceedings in the bankruptcy courts in Wilmington, Delaware. The aim was to have the foreign insolvency proceeding recognized by the bankruptcy courts in the United States. These proceedings required diligent advocacy, as international insolvency cases are relatively uncommon. Evidentiary hearings took place, and I gained valuable insights into the operations of large law firms during this case.
During one of these bankruptcy court hearings, an unconventional practice in direct examination emerged. The opposing lawyer, representing a prestigious law firm from New York, presented an affidavit for direct examination instead of allowing his client to be questioned directly. When asked to cross-examine the witness, I objected and expressed my desire for the opposing lawyer to question his own client. The judge, acknowledging my disagreement, overruled the opposing lawyer’s approach and directed him to conduct the direct examination properly. Despite the opposing lawyer’s vast experience and high hourly rate, the judge’s sustained objections indicated the need for improvement in his questioning. This instance highlights the importance of careful courtroom tactics, even when dealing with large law firms.
Ultimately, we emerged victorious in that particular case, securing an award for one of the largest jury verdicts in Arizona that year. While our success did not translate into monetary collection due to the opposing party’s insolvency, the recognition from the State Bar for our achievement serves as a testament to the complexity and nuance of the cases I handle, which often involve constitutional and contractual intricacies.