Commercial Litigation

Results in Commercial Litigation

What happens to your business when a contract is broken, information is misrepresented or trade secrets are stolen? Simmons Hanly Conroy helps businesses answer this question and stand up for their rights.

The lawyers and staff at Simmons Hanly Conroy regularly help entrepreneurs, small and mid-sized businesses stand up to larger companies. Keep reading to learn how the business owners below decided enough was enough, took a stand, and won.

Antitrust Settlement in Financial Injury Case

$32 million for small business | Resolved 2010

Synergetics USA, Inc. (NASDAQ: SURG), is a small business that sells highly specialized medical equipment. When Synergetics believed one of its competitors unlawfully used its market dominance to force surgeons to buy its own equipment, Synergetics came to Simmons Hanly Conroy for help.

“To pursue this litigation, we needed to find a very capable counsel willing to become our partners. By hiring Simmons Hanly Conroy on a contingent-fee basis, we were able to pursue a very complex commercial litigation matter with lawyers who were committed to achieving a favorable result for us,” said Peter Rasche, General Counsel, Synergetics USA, Inc.

The lawsuit involved allegations ranging from antitrust monopolization to predatory pricing to unlawful business disparagement. Simmons Hanly Conroy lawyers prosecuted a civil antitrust and unfair competition lawsuit under a contingent-fee arrangement. Synergetics wouldn’t pay attorneys’ fees unless its case resolved favorably. Instead, the firm’s fee would be a percentage of recovery. The arrangement resulted in a $32 million settlement.

Synergetics USA, INC v Alcon Laboratories, INC and Alcon, INC. No. 08-cv-03669-DLC (filed 2/23/2009 in the U.S. District Court, Southern District of New York)

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