Secured voluntary dismissal of breach of contract action with prejudice on eve of trial
Tannenbaum Helpern's counsel Andrew Berger was retained by the writer of a script for a full length motion picture who also directed and produced it to defend his film production company in a suit brought by an investor in that company. The investor sought to compel payment for services it provided to the production company. The investor refused voluntary and court-assisted attempts to settle and instead after years of discovery brought a motion seeking summary judgment on its claims. Andrew, along with California co-counsel, served a lengthy memorandum of law in opposition to the motion. After the court denied the summary relief plaintiff was seeking on its claims, the parties prepared for trial. On the eve of trial the plaintiff collapsed opting to dismiss all its claims with prejudice apparently realizing after 5 years of litigation it would recover nothing in the action.
Andrew was able to use his creativity and depth of experience to craft a defense strategy that eventually convinced his adversary that this long-fought-over battle was not worth pursuing.