DALLAS – April 6, 2015 – Ross Spencer Garsson, Bina Palnitkar, and Christopher M. LaVigne of the international law firm Greenberg Traurig, LLP, recently won a unanimous $6.4 million dollar jury verdict in Dallas for firm client Growtheorem, LLC. Garsson, Palnitkar, LaVigne, and their team tried the case for Growtheorem (known as Bain Consulting LLC at the time the original lawsuit was filed) against Talon Transactions Technologies, Inc., NexPay, Inc., and David Gillman (owner and president of both Talon and NexPay).
Growtheorem sued the defendants based upon Talon and NexPay wrongfully moving business and customers from Talon to NexPay in an effort to avoid their obligations to Growtheorem under two separate agreements. The jury found Talon and NexPay had inexcusably breached and tortiously interfered with both agreements, further holding that the owner and president, Gillman, was liable for tortious interference as well. One of the jury’s most substantial findings was that the “corporate veil” had been pierced. The general rule for businesses holds that a corporation is a completely separate legal entity from its owners, and, as such, the corporation -- not its owner or president -- is liable for actions taken on behalf of the corporation. The jury determined that the corporate veil was successfully pierced for multiple reasons, including the dishonest purposes and intent to deceive underlying the breaches. The jury found Gillman personally responsible for all breaches.
“This was a hard-fought case. The jury’s unanimous verdict and the significant amount of damages awarded made clear that the defendants’ actions were wrong,” Garsson noted. “We are very pleased to have helped Growtheorem achieve this trial victory and right the wrongs caused by all the defendants.”
Garsson has more than 20 years of litigation experience in commercial and intellectual property matters. Ross focuses his practice on a variety of technology areas, including software, chemical, nanotechnology, semiconductor, and computer technologies. He has litigated numerous disputes in state and federal district courts, in the U.S. Court of Appeals, and at the U.S. International Trade Commission.
Palnitkar is a trial lawyer whose practice focuses on resolving complex business disputes through litigation, arbitration, and alternative dispute resolution. She has broad experience handling breach of contract, trademark infringement litigation, international FCPA compliance matters, medical malpractice defense for healthcare entities, fraud, tortious interference, theft of trade secrets.
LaVigne focuses his practice on a broad range of commercial litigation matters, including complex contracts, consumer and sales practices, employment and corporate governance matters. He has wide-ranging experience in the appellate process, arguing cases before both the Texas appellate courts and the Fifth Circuit Court of Appeals.
Growtheorem Consulting helps organizations meet and exceed their strategic goals. Growtheorem provides a full range of services including strategic planning, product development, market validation, business and organizational development, and client relation management. For additional information, please visit www.growtheorem.com.