Representative Results for Terra Law Clients
The following are snapshots of some of the results Terra Law attorneys have achieved in transactions, civil litigation, commercial arbitration and negotiated settlements:
Real Estate Transactions
Sale of a high-end industrial campus under lease to a leading international technology company. Complications included structuring the sale to permit unwinding the selling entity to meet different tax goals and assignment to the buyer of an agreement with the U.S. EPA concerning a previous user's groundwater contamination.
Sales of two leased industrial complexes encumbered by commercial mortgage-backed security (conduit) loans. One sale was accomplished by defeasance of the conduit loan; in the other sale, the buyer assumed the conduit loan.
Purchase of a large warehouse building for renovation and re-leasing. Issues included structuring the transaction to accommodate the sellers' tax and estate planning requirement and providing for continuation of rail service.
Sublease of a 12-story office by one international technology company to another. Issues for resolution included delivery date, property condition, restoration of improvements, and lease and sale of furniture and equipment to subtenant.
Representation of a medical technology company in two build-to-suit leases for buildings of approximately 150,000 square feet each. Issues included complicated delivery timing and cost controls.
Real Estate Litigation
Terra Law partners David Draper and Martin Dioli recently concluded a two month trial in Sonoma County where they obtained a $3,920,451 judgment for the owner of a $28,000,000 resort in Windsor, California. Mr. Draper and Mr. Dioli established an overwhelming breach of contract by the resort's original contractor and its sub-contractors in the construction of the waterproofing systems throughout the property."
Recovery of $2.9 million in lost profits on behalf of a developer whose seller refused to close escrow as required by contract.
Recovery of approximately $1.5 million on behalf of a developer in a commercial arbitration over breach of the development agreement.
Permanent injunction establishing a permanent water easement against one of California's largest residential developers.
Successful arbitration defense of a home seller against a nonperforming buyer's substantial damages claims, including punitive damages.
Successful trial defense of claims for a decree invalidating a foreclosure sale based on defects and omissions from the statutory foreclosure notices.
Recovery of more than $1.2 million on a jury verdict involving a complex real estate transaction, despite a prior ruling that our client had no reasonable chance of prevailing.
Preservation of a San Benito County landowner's oak trees when a utility proposed the removal of hundreds of trees beneath high-voltage lines.
Recovery of about $3 million in damages and attorneys' fees in complex real estate claims involving breach of contract and fraud.
Recovery of about $1.5 million in damages while defeating a developer's attempt to terminate our client's retail lease.
Arbitration award of $1.4 million against a national corporation that contaminated our client's property.
Business and Commercial Litigation
Recovery of $5 million against an insurance consortium that denied coverage of construction defect claims.
Successful resolution on behalf of an affordable housing developer of unfair competition claims brought by the Marin County District Attorney.
Settlement of trade secret litigation worth several million to our client, a NASDAQ-traded company.
Successful resolution of unfair competition and trade libel claims on behalf of a leading manufacturer of hotel telephones against a competitor.
Intellectual Property
Negotiated multimillion dollars sale of domain name portfolio and internet service.
Negotiated the license of several products for ultimate sale in the direct response television market.
Developed intellectual property portfolion plan for successful invention company to maximize revenue and reduce risk.
Other Accolades
Terry Hughmanick and Breck Milde were selected as Northern California "Super Lawyers" for 2009
