Vince Hess

Vince Hess has experience in a wide range of complex commercial litigation, class actions and arbitration. He represents large and mid-size companies in a variety of issues, including:

• Commercial real estate (title, leasing, construction and environmental disputes)
• Contracts (breach, fraud and other business torts)
• Financial (securities, mortgage, consumer finance and debt collection matters)
• Franchise
• Health care, managed care and employee benefits
• Software
• Trade secrets and non-competes

Vince is also a frequently requested speaker and presenter on topics such as limitations on contractual liability, other contractual provisions, ERP warranties and ERISA litigation. His experience also includes adversary proceedings in bankruptcy court involving claims of fraudulent transfers and preferential payments; shareholder rights and "business divorce;" and advising clients about records retention policies and e-discovery practices.

His representative experience includes:

• Represented financial service entities in suits over credit reporting, real property rights
• Represented municipality in suit for breach of contract and fraud in major development, resulting in settlement
• Represented the seller of a company in obtaining recovery on a counterclaim in a dispute over accounting adjustments under a stock purchase agreement
• Represented an industrial facility in litigation with a taxing authority to preserve an exemption from ad valorem property tax
• Represented franchisors in obtaining injunctive relief against former franchisees based on trademark rights and non-competition covenants
• Represented a manufacturing company in its claims, pursued both in court and in arbitration, against a software vendor and an implementer over a failed ERP software implementation
• Represented one of the largest food delivery restaurant chains in the United States in a suit brought by its largest competitor alleging false advertising under the Lanham Act and seeking to permanently bar the chain from using its slogan
• Represented a major national home security service company in litigation in which plaintiff sought a nationwide consumer class action over complaints about certain of the company's billing practices
• Represented business owners in a dispute with the Pension Benefit Guaranty Corporation over pension benefits allegedly owed by the business
• Represented owners of closely held corporations in litigation with the other owners where the value or the assets of the corporations are at issue
• Represented subcontractor in complex, multi-party litigation involving construction of a residential building
• Represented business clients in a variety of commercial disputes filed in courts or arbitration tribunals, including a dispute between major rare coin and currency dealers and a dispute between a major retailer and transportation/delivery service