CSK Commercial Team
Miami Partners Cody German and Giancarlo Boucugnani
Case Summary
This commercial dispute in the U.S. District Court for the Southern District of Florida involved a Plaintiff marketing company alleging restrictive covenant and trade secret violations against a Defendant digital advertising company. The Defendant denied the allegations and counterclaimed for unpaid invoices under the parties’ Master Services Agreement.
Shortly before trial, the Plaintiff voluntarily dismissed all claims with prejudice, leaving only the Defendant’s breach of contract counterclaim for resolution. The bench trial therefore focused exclusively on the Defendant’s damages claim.
Trial Strategy
Retained just two months before trial, the CSK Commercial Team focused the Court’s attention on the parties’ contractual obligations and the Defendant’s well-supported damages claim. The defense emphasized the clear terms of the Master Services Agreement, the Plaintiff’s dismissal of its claims, and the Defendant’s comprehensive documentary evidence.
By highlighting the enforceability of the parties’ agreement and the strength of the Defendant’s proof, the defense presented a concise and compelling breach of contract case supported by the record.
Outcome
The Court entered Final Judgment in favor of the Defendant on its breach of contract counterclaim, awarding damages, prejudgment interest, and attorneys’ fees and costs. Notably, prejudgment interest accounted for nearly 60% of the contract recovery, while attorneys’ fees and costs represented more than 20% of the total judgment. Overall, the judgment totaled nearly three times the amount of the underlying principal damages.
The Defendant achieved a complete defense of all claims asserted against it and secured a substantial affirmative recovery on its counterclaim. The result underscores the value of focused trial preparation, disciplined contract enforcement, and strategic counterclaims, even when trial counsel is retained shortly before trial.
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