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Financial/Business Services

Fish attorneys are uniquely competent in numerous technical areas, especially financial systems, business methods, information security, computer hardware and software, and electrical engineering, all of which are critical to the diverse needs of financial and business services companies.

The strategic counseling services we offer help clients to steer clear of pitfalls, avoid potential litigation, capture the full value of intangible assets, and maximize the return on investment of their intellectual property assets. Our depth and breadth of experience benefit our clients, who work with us to determine the best strategies to meet their business goals.

We have prosecuted patents and counseled clients on the following:

Financial systems and financial analysis software
Security trading
Financial information media displays
Pricing threshold determinations
Enterprise management systems
Business methods

Fish provides a broad spectrum of legal services to the financial and business sectors, including securities offerings, mergers and acquisitions, venture capital financing, licensing, and IP due diligence.

In re Arrow Investment Advisors, LLC
Fish represents Arrow Investment Advisors, LLC in the Delaware Court of Chancery in litigation involving a contested petition to dissolve the company under Section 18-802 of Delaware’s LLC Act filed by one of the company’s founding members.

Island Cap. Partners, LLC, et al. v. Ransome Dev. Co., LLC
Fish represented Ransome Development Company, LLC, a real estate development company based in Florida, in the Delaware Court of Chancery in a lawsuit seeking to remove Ransome Development from its role as the managing general partner of the underlying partnership.

Ransome Dev. Co., LLC v. Ransome Group Investors I, LLP
Fish represents Ransome Development Company, LLC, a partner in a real estate development partnership based in Florida, in the Delaware Court of Chancery in a lawsuit asserting claims under the partnership agreement and Delaware law for the partnership’s advancement and indemnification of Ransome Development’s legal fees and expenses related to certain lawsuits in various jurisdictions.

Tu, et al. v. Walker Fin. Corp.
Fish was lead Counsel to Walker Financial Corporation and obtained prompt dismissal of an action brought by shareholders seeking appraisal of their shares under Section 262 of the DGCL.

Dawson, et al. v. Pittco Capital Partners, L.P., et al.
Fish represents Vehicle Safety & Compliance, LLC, LaneScan, LLC, Pittco Capital Partners, L.P., Morgan Keegan Early Stage Fund, L.P., Morgan Keegan Employee Investment Fund, L.P., Michael Starnes, Alan Garner, Jackson Capital Partners, L.P., and certain directors of LaneScan, LLC in the Delaware Court of Chancery in connection with an action challenging a merger of LaneScan, LLC and an amendment to a provision in the LLC Agreement.

Detwiler Capital Partners, LLC v. Pittco Capital Partners, L.P., et al.
Fish represented Vehicle Safety & Compliance, LLC, LaneScan, LLC, Pittco Capital Partners, L.P., Morgan Keegan Early Stage Fund, L.P., Morgan Keegan Employee Investment Fund, L.P., Michael Starnes, Alan Garner, Jackson Capital Partners, L.P., and certain directors of LaneScan, LLC in the Delaware Court of Chancery in connection with an action challenging a merger of LaneScan, LLC and an amendment to a provision in the LLC Agreement. Fish obtained favorable settlement and dismissal of all claims.

Yodlee v. Ablaise Ltd. and General Inventors Institute A, Inc.
Representing Yodlee in a declaratory judgment action arising from Ablaise’s allegations of patent infringement concerning online data aggregation and banking services.

MasterCard International Inc. v. Nader 2000
Fish defeated an effort by MasterCard International to prevent Ralph Nader’s presidential campaign from continuing to run a television advertisement that parodied MasterCard’s “Priceless” ad campaign. MasterCard sued, alleging infringement and dilution of its trademarks under the Lanham Act and infringement under the Copyright Act. MasterCard had been using its $250 million “Priceless” ad campaign since 1997. Judge George B. Daniels of the US District Court for the Southern District of New York denied MasterCard’s motion for a Temporary Restraining Order, finding that there was insufficient evidence that MasterCard would suffer irreparable injury if Nader used the parody as part of his presidential campaign.

Ablaise Ltd., et al. v. Bank of America Corp.

Defending Bank of America in the Northern District of California against Ablaise’s allegations of patent infringement concerning online financial data aggregation and banking services.

Samsung Electronics Co. Ltd., et al. v. Renesas Technology Corp.
Represented complainant Samsung in ITC action related to semiconductor manufacture and direct memory access systems. Settled favorably.

TIG v. Dallas Basketball Ltd. - 129 S.W.3d 232 (Tex. App.-Dallas 2004)
Upheld summary judgment on appeal to the Texas Fifth District Court of Appeals and the Supreme Court of Texas for insured professional basketball team in suit for the duty to defend against TCPA claims under CGL policy. Appellate victory caused the insurance industry to adopt a mandatory endorsement excluding such claims from future CGL policies.

Rodriguez v. Dallas Basketball Limited
Settled multiple class action litigations against Dallas Mavericks basketball team alleging $135M in damages for less than 1% of claims. Subsequently prevailed in claims against insurance company who were ordered to pay all costs of litigation and settlement with penalties and interest.

Silicon Services Consortium Inc., et al. v. Applied Materials Inc. (W.D. Tex.)
Representing defendant Applied Materials in litigation involving defense of antitrust claims and assertion of patent infringement claims on 10 patents involving semiconductor fabrication equipment and processes. Case settled.

Block Financial Corp. v. Yodlee Inc.

Represented Yodlee in a patent infringement case relating to distributed financial services systems.

DataTreasury Corp. v. Bank of America Corp.

Representing Bank of America in a patent infringement action regarding check imaging technology.

ADE Corp. v. KLA-Tencor Corp.
Represented ADE on patents regarding inspecting systems for semiconductor wafers. Obtained jury verdict invalidating KLA patent.

BancTec USA Inc. (formerly Monitronics Inc.) v. Advanced Financial Solutions Inc., et al.
Defended Advanced Financial Solutions in the U.S. District Court for the Northern District of Texas. Won judgment against BancTec in a countersuit for tortious interference and antitrust.

International Securities Exchange LLC v. Chicago Board Options Exchange Inc.

Representing CBOE in a patent infringement case involving an automated exchange for the trading of derivative securities, specifically equity options.

Mars et al. v. Japan Cash Machine et al.

Representing Mars Incorporated and MEI, Inc., in a patent infringement action regarding bill validation technology.

Driscoll Childrens Hospital v. KPMG Peat Marwick
Lead trial counsel for hospital in accounting malpractice case; obtained favorable settlement on eve of trial.

EMI Group North America Inc. v. Cypress Semiconductor Corp.
Defended Cypress in infringement case relating to two patents on semiconductor manufacturing technology. Tried to jury verdict in 1999. Jury verdict of non-infringement of all claims and invalidity based on non-enablement, lack of utility, anticipation, and obviousness; judgment affirmed by Federal Circuit. Published at 268 F.2d 1342 (Fed. Cir. 2001); 104 F. Supp. 2d 370 (D. Del. 2000); 68 F. Supp. 2d 421 (D. Del. 1999).

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