Partners William Jones and Scott James Led the Successful Defense 

(Denver, Colo., May 28, 2019) - Moye White LLP partners William F. Jones and Scott C. James won a complete defense verdict on April 18, 2019, following a two-week jury trial centered on the California Uniform Fraudulent Transfer Act (CUFTA) in Sacramento, California. More than $8 million was at stake.

In addition to the CUFTA implications, the trial also involved claims for intentional interference with a contract and successor liability, which were both proven false in favor of Moye White’s clients. 

The defendants originally agreed to purchase five active vocational schools, which were owned and operated by a portfolio company of a Washington, D.C.-based private equity firm. The agreement stipulated the defendants would pay $1 for certain assets and take on certain liabilities. A non-operational campus, which came with a $100,000 monthly lease handled by a Sacramento-based landlord, was specifically excluded from the transaction. The private equity firm assured the defendants that the lease would be handled separately after the transaction was complete.

However, once the transaction was finalized, the private equity company alerted the landlord it would no longer be paying the monthly rent. The landlord then filed an $8 million lawsuit against the defendants for monetary relief and punitive damages.

If successful, the landlord’s lawsuit would have forced the defendants into immediate closure. The trial focused on whether the defendants had paid the reasonable equivalent value for each of the assets purchased, which in this case were the operational vocational schools. During the trial, each side presented lay and expert testimony on this issue.

At the conclusion of the trial, 11 of the 12 jurors voted in favor of Moye White’s clients, defeating each of the four claims. The jury found there was no intent to delay or defraud the landlord, that the defendants did pay the equivalent value, and that the defendants did not interfere with the lease. 

Litigation paralegal Roxie Leff was a valuable member of the team, handling exhibits, trial presentation, and trial technology.


About Moye White LLP

Moye White is a Denver-based business law firm serving clients throughout the United States and internationally. The firm provides legal representation across a wide variety of transactional and litigation matters, offering strategic, business-oriented counsel to public, private, and governmental clients in complex business and real estate transactions and disputes. As one of the first Denver law firms to achieve B Corp certification, Moye White meets rigorous standards of social and environmental performance, transparency, and accountability. For more information, please visit moyewhite.com or contact Managing Partner Thomas List at 303-292-2900 or tom.list@moyewhite.com.

J. David Arkell

Attorney

Alternative Dispute ResolutionConstructionLitigation

James Belgum

Attorney

Business and CorporateConstructionLitigationInsurance

Jack W. Berryhill

Attorney

Alternative Dispute ResolutionLitigation

Kelsey R. Bowers

Attorney

Business and CorporateConstructionEmploymentLitigationInsurance

Abby L. Brown

Attorney

Alternative Dispute ResolutionConstructionEmploymentLitigation

Theodore B. Brown

Attorney

Business and CorporateCommercial and Real Estate LendingCommercial Real Estate LeasingCommerical Real Estate DevelopmentConstructionMultifamily and CondoReal Estate

Chelsea Brune

Attorney

Commercial and Real Estate LendingCommercial Real Estate LeasingReal Estate

James R. Cage

Attorney

ConstructionEmploymentIntellectual PropertyLitigationFinancial ServicesInsurance

Vikrama S. Chandrashekar

Attorney

LitigationAdvanced EnergyBrewing and DistillingMedia and EntertainmentCannabis

Jordan L. Cohen, LL.M. (Tax)

Attorney

Business and CorporateMergers and AcquisitionsTaxPrivate Equity

Frederic K. “Jerry” Conover

Of Counsel

Alternative Dispute ResolutionLitigation

Rebecca B. DeCook

Attorney

Administrative LawEmploymentLitigationAdvanced EnergyCommunicationsPrivate Equity

Keely C. Downs

Attorney

Commercial and Real Estate LendingMultifamily and CondoReal EstateAdvanced EnergySustainability

Andrew T. Flynn

Attorney

EmploymentLitigationInsurance

Erik K. Foster

Attorney

Commercial and Real Estate LendingCommercial Real Estate LeasingConstructionMultifamily and CondoReal Estate

Paul R. Franke, III

Chair, Litigation Section

Bankruptcy, Restructuring, and Creditors’ RightsBusiness and CorporateLitigationReal EstateSecurities & Capital MarketsCommunicationsFinancial ServicesPrivate Equity

Heidi J. Gassman

Attorney

Business and CorporateCommercial Real Estate DevelopmentCommercial Real Estate LeasingConstructionReal EstateTrusts and Estates

Charles Greenhouse

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsLitigationReal Estate

Scott P. Greiner, LL.M. (Tax)

Attorney

Business and CorporateTaxTrusts and Estates

Lynne M. Hanson

Attorney

Business and CorporateFranchise and DistributionIntellectual PropertyMergers and AcquisitionsFinancial ServicesFood and BeveragePrivate Equity

Allison M. Hester

Attorney

Litigation

Patrick J. Hickey

Attorney

EmploymentLitigationReal EstateSecurities & Capital MarketsAdvanced Energy

Jessica R. Hunter

Attorney

Business and CorporateIntellectual PropertyBrewing and DistillingFood and Beverage

Scott C. James

Attorney

ConstructionLitigationReal EstateInsuranceMedia and EntertainmentPrivate EquityCybersecurity and Data Breach Defense

William F. Jones

Attorney

Franchise and DistributionIntellectual PropertyLitigationReal EstateTrusts and EstatesBrewing and DistillingFood and BeverageInsuranceManufacturing

Mark Kaplan

Attorney

Commercial and Real Estate LendingCommercial Real Estate DevelopmentCommercial Real Estate LeasingReal Estate

David J. Katalinas

Attorney

Business and CorporateFranchise and DistributionMergers and AcquisitionsReal EstateFood and Beverage

John W. Kellogg

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsBusiness and CorporateFranchise and DistributionMergers and AcquisitionsAdvanced EnergyManufacturingPrivate EquityBlockchain Technology

Craig J. Knobbe

Attorney

Business and CorporateFranchise and DistributionMergers and AcquisitionsReal EstateBrewing and DistillingFood and Beverage

David A. Laird

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsCommercial and Real Estate LendingConstructionLitigationReal EstateFinancial Services

Eric B. Liebman

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsConstructionEmploymentLaw Practice, Regulation, Ethics, and Professional LiabilityLitigationReal EstateTrusts and EstatesAdvanced EnergyFinancial ServicesInsuranceCannabis

Thomas M. List

Managing Partner

Commercial Real Estate LeasingConstructionEmploymentLitigationReal Estate

Stephanie D. Loughner

Attorney

Business and CorporateEmploymentReal Estate

Charles F. Luce, Jr.

Attorney

Intellectual PropertyLaw Practice, Regulation, Ethics, and Professional LiabilityLaw Firms & LawyersSoftware and Technology

Spencer Malley

Atttorney

Business and CorporateCommercial and Real Estate LendingCommercial Real Estate DevelopmentCommercial Real Estate LeasingConstructionReal EstateMedia and Entertainment

Joseph W. Mark

Attorney

Alternative Dispute ResolutionBusiness and CorporateLitigation

Marilyn W. McWilliams

Attorney

TaxTrusts and Estates

John E. Moye

Attorney

Business and CorporateLaw Practice, Regulation, Ethics, and Professional LiabilityMergers and AcquisitionsFinancial Services

Dean Nakayama

Executive Director

Edwin A. Naylor

Attorney

Business and CorporateIntellectual PropertyMergers and AcquisitionsManufacturing

Kelly Reiman, LL.M. (Tax)

Attorney

Business and CorporateMergers and AcquisitionsReal EstateTaxManufacturingPrivate Equity

Dean Richardson

Vice Chair, Litigation Section

Franchise and DistributionLitigationReal EstateCannabis

Lucas T. Ritchie

Attorney

Business and CorporateEmploymentLitigationRegulatory and Enforcement DefenseAdvanced EnergyFinancial ServicesInsurancePrivate Equity

Zaki Robbins

Attorney

Business and CorporateMergers and AcquisitionsSecurities & Capital MarketsAdvanced Energy

Carrie A. Rodgers

Attorney

Alternative Dispute ResolutionConstructionLitigation

Patricia J. Rogers

Attorney

Business and CorporateCommercial and Real Estate LendingMergers and AcquisitionsSecurities & Capital MarketsFinancial ServicesPrivate EquityBlockchain TechnologySustainability

David C. Roos

Attorney

Business and CorporateMergers and AcquisitionsSecurities & Capital MarketsFinancial Services

Amy H. Ruhl

Attorney

Commercial and Real Estate LendingCommercial Real Estate LeasingMultifamily and CondoReal Estate

Dominick Sekich

Attorney

Business and CorporateReal EstateAdvanced EnergyBrewing and DistillingCommunicationsFood and BeverageManufacturingMedia and EntertainmentSoftware and TechnologySustainability

Lorni Sharrow, LL.M. (Tax)

Attorney

Trusts and Estates

Eric V. Snyder

Co-Chair, Real Estate Section

Bankruptcy, Restructuring, and Creditors’ RightsBusiness and CorporateCommercial and Real Estate LendingCommercial Real Estate LeasingConstructionMergers and AcquisitionsMultifamily and CondoReal EstateAdvanced EnergyFinancial Services

Rose Standifer

Vice-Chair, Business Section

Business and CorporateMergers and AcquisitionsAdvanced EnergyPrivate EquitySoftware and Technology

Jennifer L. Stenman

Co-Chair, Real Estate Section

Commercial and Real Estate LendingCommercial Real Estate LeasingCommerical Real Estate DevelopmentMultifamily and CondoReal EstateAdvanced EnergyFinancial Services

Timothy M. Swanson

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsCommercial and Real Estate LendingLitigationFinancial Services

Kristen L. Sweat, LL.M. (Tax)

Attorney

Business and CorporateMergers and AcquisitionsTaxTrusts and EstatesBrewing and DistillingFinancial ServicesPrivate Equity

Kevin Tibolt

Attorney

Business and CorporateCommercial and Real Estate LendingEmploymentFranchise and DistributionMergers and AcquisitionsReal EstateBrewing and DistillingFood and BeveragePrivate Equity

Jake J. Tiernan

Attorney

Commercial and Real Estate LendingCommercial Real Estate LeasingMultifamily and CondoReal EstateBrewing and Distilling

Daniel C. Wennogle

Attorney

ConstructionLitigationReal Estate

Edward D. (Ted) White

Chair, Business Section

Alternative Dispute ResolutionBusiness and CorporateMergers and AcquisitionsReal EstateAdvanced EnergyFinancial ServicesPrivate EquitySustainability

Joyce C. Williams

Attorney

Litigation

Rachel Yeates

Attorney

Business and CorporateLitigationRegulatory and Enforcement DefenseSecurities & Capital MarketsFinancial Services