In today’s global economy, business relationships and transactions are often complex. Briol & Benson has the experience and knowledge to handle sophisticated civil and commercial cases in virtually every area, including securities law, contract law, interference with contract, defamation, unfair and deceptive trade practices, trade secrets, patent infringement, gaming law, antitrust, intellectual property, executive compensation, stock options, and white-collar crime. We have successfully pursued and defended against multi-million-dollar claims across the country. We help our clients pursue what we believe is the best strategy to protect their business.
Briol represented a corporate client in a $100 million antitrust action arising from a swap of casino properties damaged by Hurricane Rita. The plaintiff alleged that the swap violated antitrust laws by placing too many properties in control of two entities and depriving it of its alleged contract right to a fee for each person entering the casino premises. Mr. Briol successfully argued our client’s motion to dismiss before Judge G. Thomas Porteous, Jr. of the U.S. District Court for the Eastern District of Louisiana. The U.S. Court of Appeals for the Fifth Circuit affirmed.
Briol served as lead trial counsel for the seller and sole shareholder of a Minnesota company, sold for $65 million, who was sued by the purchaser of the company. The purchaser claimed $25 million in damages allegedly resulting from fraud, negligent misrepresentation, and breach of contract in the sale transaction. The purchaser’s claims were sharply contested in a two-week arbitration venued in Chicago. The arbitration panel consisted of a former federal judge, the former general counsel of Monsanto, and a senior partner at Foley & Lardner. The panel rejected the claims of fraud and negligent misrepresentation and limited the award to the mandatory contractual price adjustment of $5 million.
Prior to commencement of the arbitration, Briol had sued the American Arbitration Association in the U.S. District Court in Chicago for its failure to include more than one woman in its roster of commercial arbitrators. When Briol appealed the district court’s denial of a motion to the Seventh Circuit, eminent Judge Richard A. Posner concluded that the American Arbitration Association’s promise of gender diversity in panels was mere “puffing” and therefore unenforceable.
