A Washington, DC Sheppard Mullin Business Trials team tried and won the first in a series of far-reaching multi-jurisdictional lawsuits brought against Octo Consulting Group (Octo), previously a portfolio company of Arlington Capital Partners (ACP), and now an IBM company, by Arvinder Kakar, a former executive, board member and substantial shareholder. After the company moved to remove him for breach of his fiduciary duties, Kakar sued Octo in Virginia and Delaware alleging a host of contract, fiduciary, tort and real estate claims.
The first trial centered on Kakar's allegations that Octo breached certain lease obligations stemming from Octo's earlier $200 million acquisition of Kakar's business, which had its headquarters in a building also owned by Kakar. Following trial, the Court entered judgment in favor of Octo, holding Octo surrendered possession of the property in "as is" condition and terminated the prior lease pursuant to a lease termination agreement. Kakar is now obligated to pay Octo's reasonable attorney's fees as the prevailing party.
The litigation was led by Paul Werner, with support from Imad Matini, Hannah Wigger, Amanda Witt, and Maggie Mollett, all of whom played key roles at trial. David Poell, Maria-Laura Coltre, Kathryn Ryan, Angelo Pavone, and Ale Bustamante assisted with the litigation and trial as well.