Kayne Anderson Private Investors v. Colak
After the sale of a company resulted in a $39 million arbitration award and consequent judgment against its selling shareholders for fraud, successfully defended the company’s former CEO in Los Angeles Superior Court and on appeal against selling shareholder’s claims for equitable indemnity based on alleged complicity in fraud. The plaintiff, a private equity firm, alleged that client had fraudulently manipulated the financials, among other charges. Achieved speedy dismissal of claims against client through demurrers before discovery ensued. Enforced indemnity agreement against former employer ensuring all defense fees were paid and client made whole. Affirmed on appeal in full in Kayne Anderson Private Investors v. Colak, No. B239111, 2013 WL 2099228 (Cal. Ct. App. May 16, 2013).