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A new disclosure requirement that will impact countless small businesses went into effect in the United States on January 1, 2024. The Corporate Transparency Act (“CTA”) was enacted to combat money laundering, tax fraud, and other illicit activities. The CTA requires many businesses operating in the United States to identify and report their “beneficial owners” to the Financial Crimes Enforcement Network (“FinCEN”) using the portal located at www.boiefiling.fincen.gov.
Sweeney Mason Achieves Speedy Dismissal
Sweeney Mason successfully defeated a lawsuit filed in the Superior Court of California, San Francisco. The case involves numerous claims against Sweeney Mason’s client, a loan servicer, including fraud and violation of federal law. Early on in the lawsuit, Senior Counsel Nathaniel Lucey and Associate Attorney Quyen (“Molly”) Thai moved to dismiss all of the plaintiff’s claims. Sweeney Mason’s legal team presented persuasive arguments to highlight that the allegations were unsubstantiated. The Court agreed and ultimately dismissed the plaintiff’s case with prejudice. This early resolution saved Sweeney Mason’s client considerable legal fees and court expenses.
Sweeney Mason Obtains Settlement and Successfully Recovers $175,000 for Client
In December, 2023, Partner Kurt Wilson and Associate Attorney Liudmyla Balke, with an assist from Partner Romin Thomson, obtained an outstanding result for a Sweeney Mason client in a contentious breach of contract litigation between two high tech companies. Sweeney Mason’s client had sued for breach of contract, demanding $75,000 in damages. The defendant refused to pay any money to settle and raised cross claims. The day before trial, the defendant settled for $175,000 and, under the terms of the confidential settlement, immediately wire transferred the money to Sweeney Mason’s client. One key to the success was the fact of the contract’s prevailing party attorney fee clause combined with Sweeney Mason’s client’s 998 Demand at $75,000. Defendant ended up paying the damages for its breach and all of Sweeney Mason’s client’s attorneys’ fees and costs.
Sweeney Mason Secures a Swift Victory
Sweeney Mason Senior Counsel Nathaniel Lucey and Associate Attorney Quyen (“Molly”) Thai prevailed on a Motion to Dismiss in the U.S. District Court in Los Angeles. The plaintiff in the case asserted a breach of contract claim and a fraud claim against Sweeney Mason’s client, a loan servicer. At the outset, our legal team put forth compelling arguments to show that the lawsuit was founded on baseless allegations. The Court dismissed the plaintiff’s lawsuit with prejudice. By ending the litigation at its earliest stage, Sweeney Mason’s attorneys saved its client thousands of dollars in legal fees and court costs.
In addition, Sweeney Mason defeated the plaintiff’s request for temporary restraining order to halt a foreclosure on real property.
Sweeney Mason Successfully Defends Research Foundation
Sweeney Mason Partner and litigation specialist Kurt Wilson and Senior employment counsel Rachael Brown successfully defended Sweeney Mason client San Jose State University Research Foundation against a former employee’s claims of discrimination, retaliation and wrongful termination. The Plaintiff sought a recovery of $3,000,000 plus punitive damages and attorney’s fees. After a 4-week jury trial ending on September 15, 2023, the jury found against the Plaintiff and in favor of Sweeney Mason’s client on all claims.
Excellent Result for Sweeney Mason Client
Sweeney Mason’s employment law team, Partner Roger Mason, Partner Kurt Wilson, and Senior Counsel Rachael Brown, achieved an excellent result for SM’s client, a local painting contractor, in a difficult employment lawsuit. The Plaintiff and his lawyer demanded $385K to settle claims of harassment, wrongful termination and failure to pay wages and provide rest or meal breaks. Through discovery, SM was able to prove that Plaintiff’s claims were largely false. Along the way, the Court issued decisions sanctioning Plaintiff’s lawyer for bad faith discovery tactics. In the end, the Plaintiff and his lawyer settled for less than $20K.
Caitlin Kaufman re-joined Sweeney Mason as Senior Counsel practicing Employment and Civil Litigation as of April 1, 2022
Partners William Kaufman, Scott Mangum, and Senior Counsel Jonathan Robb presented a Mechanics Lien Law and Contractor Collection Tips Seminar for ABC Norcal on March 8, 2022
Partner William Kaufman presented a Construction Contracts and Change Order Disputes Seminar for National Electrical Contractors Association on February 22, 2022
Partner William Kaufman presented a comprehensive and highly recommended Mechanics Lien Law and Contractor Collection Tips Seminar for National Electrical Contractors Association on January 25, 2022
William Kaufman obtains a settlement for over $2.2 million for a General Contractor against the Sequoia Union High School District on a public works project
Partners Joe Sweeney and Senior Counsel William Kaufman are victorious on Summary Judgment against a General Contractor’s mechanics lien for over $680,000 for its failure to be properly licensed at all times during construction pursuant to Business & Professions Code Section 7031
Trial Victory for Sweeney Mason LLP
Sweeney Mason Partners Chris Olson and Kurt Wilson won a resounding victory at trial in Santa Clara County Superior Court for a SM General Contractor client. The Project Developer refused to pay SM’s client $200,000 due and owing for work the Contractor performed building the project, and asserted multiple defenses and claimed that Sweeney Mason’s client had breached the construction contract.
Sweeney Mason Successfully Defeats Certification of Class Claiming California Wage & Hour Violations
Sweeney Mason is defending a local roofing company and its owner in a lawsuit brought by two former employees alleging various piece work and off-the-clock wage and hour claims. Kurt E. Wilson and Rachael E. Brown successfully opposed plaintiffs’ motion to certify the two putative classes of employees and former employees. In the United States District Court’s detailed order, the judge denied plaintiffs’ motion in its entirety, adopting Sweeney Mason’s arguments and finding that plaintiffs fatally failed to meet the legal standard for class certification set forth in FRCP 23. The court’s ruling is a significant breakthrough in Sweeney Mason’s defense of the ongoing litigation, as it limits the case to the two named plaintiffs.
Sweeney Mason Wins Groundbreaking Internet Libel Victory, Rendering Statute Unconstitutional.
In 2012, Sweeney Mason won dismissal of Summit Bank’s internet libel case against Sweeney Mason’s client, resulting in dismissal of the case and full reimbursement of the client’s attorney’s fees. Additionally, as a result of Sweeney Mason’s efforts, California’s criminal bank libel statute (Cal. Fin. Code 1327) was rendered unconstitutional. Summit Bank v. Robert Rogers, (Cal. App. Ct. 2012) 206 Cal. App. 4th 669; 142 Cal. Rptr. 3d 40; 2012 Cal. App. LEXIS 633.
Sweeney Mason Successfully Defends Silicon Valley Executives
At a bench trial, Sweeney Mason successfully defends Silicon Valley executives accused of securities fraud by former investor.
Sweeney Mason Successfully Resolves Fraud Claims, Resulting In $1,000,000 Settlement
In December, 2011, Joseph M. Sweeney, Kurt E. Wilson and Scott A. Mangum successfully mediated a matter in which their clients, a local businessman and his company, received a $1,000,000 settlement.
