Wargo French

Distinction with a Difference

Complex Commercial Litigation

Wargo French has been entrusted by some of the nation’s most successful companies to handle their complex litigation matters on a wide range of issues.  Our attorneys routinely handle complex matters in state and federal trial and appellate courts across the country.  Wargo French attorneys work closely with clients to aggressively and efficiently resolve disputes in a manner consistent with the client’s goals. 

The following matters are indicative of the types of complex commercial matters successfully handled by Wargo French attorneys:

    • Represented financial institution in three related cases pending in federal court in New York, state court in California and federal court in Georgia concerning allegations of fraud, usury and breach of contract.  Obtained summary judgment in favor of client and defeated cross-motion for summary judgment filed against client based on fraud, usury and breach of contract in federal court proceedings in Georgia.  The United States Court of Appeals for the Eleventh Circuit affirmed the decision against the plaintiff in favor of our client. 
    • Defended multinational office equipment company against multi-million dollar breach of contract and unfair and deceptive trade practices claims in the Middle District of North Carolina.  Obtained summary judgment on unfair and deceptive trade practices claim, and reached favorable settlement after extensive pre-trial hearing on Daubert motion to exclude plaintiff's lost profits expert.
    • Defended publicly traded technology company against $144,000,000 fraud claim brought by former supplier of company.  Obtained complete dismissal of all claims on summary judgment.
    • Represented international food conglomerate in litigation in Florida and New York state courts.  Obtained one of the largest non-party sanctions awards in New York history against officers of the defendant.
    • Obtained $7,000,000 jury verdict in federal court for former majority shareholders of publicly traded company on claims of fraud and breach of contract.
    • Represented a publicly traded company in multi-million dollar bad faith denial of coverage litigation and obtained summary judgment finding coverage available, which ultimately led to a favorable settlement. 
    • Represented financial institution in litigation pending in state court in New York based on claims of libel, libel per se, interference with prospective business relations, interference with economic relations against Internet user and Internet Service Provider to obtain information concerning the Internet user’s identity.  Handled similar matters pending in state court in Georgia concerning Internet message board postings to identify former employees and others engaged in misconduct.
    • Immediately responded to an ex parte temporary restraining order obtained by Federal Trade Commission in Texas federal court.  Obtained vacatur of order within 8 days of client's business being shut down by FTC order. 
    • Defended a multinational office equipment and supply manufacturer in litigation brought by the manufacturer's utility supplier seeking over $1.5 million in damages in dispute over provision of natural gas.  Obtained summary judgment in favor of manufacturer in the United States District Court for the Northern District of Georgia, which was affirmed by the Eleventh Circuit Court of Appeals.  
    • Represented former shareholders of closely-held healthcare company against acquiring public company concerning allegations of fraud and breach of contract in defendant’s failure to make good on pledge to develop ambulatory surgical centers across the country.
    • Represented foreign chemical company in action against major domestic chemical company involving claims of fraud, breach of contract, trade secrets misappropriation and unfair competition.  Defeated comprehensive motion to dismiss and effort to stay discovery.  Obtained a favorable settlement for the client.
    • Represented an international business class web hosting company in numerous litigation matters across the United States, including defending securities claims and enforcing arbitration provisions in terms of service agreements with customers, including successfully enforcing an arbitration clause entered through a “click wrap” agreement.
    • Represented an international food conglomerate in federal litigation concerning a multimillion dollar computer software development project.
    • Represented Internet web hosting company in breach of contract, breach of fiduciary duty, specific performance, breach of covenant of good faith and fair dealing and injunction case in federal court in Georgia, as well as related litigation in federal court in New York.  Defeated opposing parties' request for preliminary injunction and obtained full dismissal of three of the six counts in Georgia litigation.  Obtained award of sanctions against opposing party based on discovery abuses.  Negotiated favorable settlement of both the Georgia and New York litigation to fully and finally resolve matter.
    • Defended major cable television company in a consumer fraud class action in Minnesota.  In a ruling of first impression, obtained a complete dismissal of all of the plaintiff’s claims based on the application of the filed rate doctrine.  Dismissal was upheld on appeal by the United States Court of Appeals for the Eighth Circuit.  These decisions were the first in the country to hold that the filed rate doctrine applies to regulated rates for cable television service.
    • Represented regional shipping company in antitrust class action involving allegations of price fixing relating to fuel surcharges.  Obtained voluntary dismissal of claims asserted by plaintiffs against client.
    • Served as national coordinating litigation counsel for a major carpet manufacturer in connection with its withdrawal from over 100 commercial leases across the country.