Niven & Smith successfully engineered a favorable, highly complex settlement for its client which involved the client's co-ownership (with his estranged partner) and management of over eighteen (18) separate commercial properties (i.e., shopping centers, large apartment buildings, and industrial parcels). These properties, located in the states of Texas and Hawaii, were all held by separate, stand-alone limited liability companies and involved the application of California, Texas, Hawaii and Delaware law. The litigation itself involved multiple claims and cross-claims resulting in two separate California appellate court decisions. Through all of this litigation, Niven & Smith was able to structure a favorable resolution allowing for its client to purchase each of his estranged partner's share in these LLC's at favorable prices, and further secured an outright dismissal by this estranged partner of his multi-million dollar cross-claim brought against Niven & Smith's client, which action involved allegations of fraud, breaches of fiduciary duty, negligence, and breaches of contract.
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