Ervin Cohen & Jessup Partner Barry MacNaughton Leads Litigation Team to "David v. Goliath" Victory

A Second Appellate District panel has affirmed a $2.6 million verdict in their clients' favor

News provided by

Jul 07, 2021, 12:50 ET

LOS ANGELES, July 7, 2021 /PRNewswire/ -- Ervin Cohen & Jessup LLP Partner Barry J. MacNaughton recently led a litigation team to an appellate-affirmed victory in a classic "David v. Goliath" case over breach of contract claims.

Along with colleagues Allan B. Cooper and Amy S. Russell, MacNaughton represented Instant InfoSystems Inc. – a midsize distributor of Internet enabled fax machine services – in litigation against Open Text, Inc. InfoSystems sued in 2018 after Open Text terminated its agreement with the company and attempted to steal its customer base. Open Text promptly countersued.

Given the relative size of the two companies (InfoSystems is locally owned and operated, while Open Text is one of Canada's largest employers, listed on the NASDAQ), the deck was stacked against MacNaughton and his team. The team prevailed nonetheless, winning a jury verdict in their favor at trial and a net judgment of about $2 million.

Los Angeles County Superior Court Judge Samantha P. Jessner ordered a new trial to address one aspect of the verdict, forcing the entire matter before a Second Appellate District panel on appeal. The result was an overwhelming victory for InfoSystems, as the panel overturned the trial judge's grant of a new trial and additional damages, bringing the total verdict up to roughly $2.6 million.

"It's humbling anytime you receive the trust and approval of a jury. But when it's appealed – and an appellate court affirms that jury's finding – you feel truly righteous about your cause," MacNaughton said. "We thank the panel for coming to this conclusion."

Ervin Cohen & Jessup LLP is a full-service firm that provides a broad range of business-related legal services including corporate law; litigation; intellectual property & technology law; real estate transactions and finance; construction & environmental law; tax planning and controversies; employment law; health care law; bankruptcy, receivership and reorganization; and estate planning. For more information, visit ECJlaw.com.

SOURCE Ervin Cohen & Jessup LLP