Gene Linkmeyer, Litigation Department Chair
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Gene Linkmeyer is the Chair of the firm's Litigation
Department. Gene adds over fifteen years of experience in commercial, labor and employment
matters to our firm.
Before joining Jacobs Law Group Gene was an Associate
with Hamburg and Golden, P.C., in Philadelphia, and Krukowski & Costello, S.C., in
Mr. Linkmeyer is a cum laude graduate of both Vermont
Law School (1995), and Villanova University (1987). He taught legal writing while at
Vermont, and served as the Judge of student elections at Villanova, and has been elected
to the law school's Almuni Board of Managers. Mr. Linkmeyer also teaches legal writing
and research, and employment law, at Widener University's Legal Education Institute.
Mr. Linkmeyer currently serves as an arbitrator
for the Philadelphia Court of Common Pleas, hearing tort and contract claims.
Gene has co-authored and contributed his editing
skills to several important law volumes that assist both attorneys and managers, including:
"How Arbitration Works," (6th Ed. 2004), ABA Section on Labor and Employment Law;
"The Employment Law Manual for Wisconsin Employers," Krukowski & Costello, S.C., and;
"Business Divorce," Jacobs Law Group, P.C.
Gene has assisted many clients in negotiating and
litigating solutions to difficult business problems. Representative matters include:
Business Divorce: International private Equity
$10 MM decade long investment in company with no return, management entrenched, enriching
themselves and unresponsive to significant shareholders.
JLG conducted a corporate investigation, evaluated
the company, the cap table, the ownership, the board and the company's short term and long
term debt. JLG determined that there was significant shareholder discontent an evolved a
plan to solicit private shareholder proxies nationwide and internationally eventually
nearing 50% of the total number of shares. JLG also launched demands for the examination
of corporate books and records and litigated against the company to expose the company
Client Success: Client was able to press for
and obtain a liquidity event for shareholders that resulted in over $15 MM being recovered.
Invention Ownership: Client had developed
an invention. University where client's spouse was employed postured a claim that their
employee had invented the invention. Client had already raised private equity and VC funding.
JLG was called on to find a means to resolve the dispute
with the University as speedily as possible. The invention was nearing commercialization
and required at least one additional round of financing. Any litigation or dispute over the
ownership of the invention would jeopardize any further round of investment and could
jeopardize the millions already invested. JLG conceived an approach to a resolution that
allowed for a speedy affirmation of the client's invention such that the University speedily
settled and resolved its claims.
Client Success: The client was able to assign
100% of the patent rights to the company and the company was able to obtain its next round
of VC funding to continue development.
Litigation: Client, a software company, had a
customer refuse to pay for the software. Customer asserted claims against the software
company alleging damages of $5.0 MM.
JLG engaged in a litigation strategy that centered on the
customer's pattern of buying expensive software systems, implementing them, and then claiming
they didn't work and refusing to pay for it and insisting on refunds/rebates.
Client Success: The Client prevailed on all points.
(And JLG was retained by a prior software vendor to this customer to sue the customer for its
software. JLG obtained a settlement in that case as well.)
Litigation: Client's check in amount in an amount
in excess of $1.7 MM had been stolen, altered and then negotiated through the banking system.
JLG initiated litigation on behalf of the client against
all of the check endorsers and the banks that had handled the checks. Litigation took place
in Miami, FL and the case eventually involved what was described as a sophisticated check
theft ring operating around the Atlanta, GA post office. After defeating multiple motions to
dismiss, for summary judgment and otherwise, JLG was able to obtain a full recovery for the
Client Success: Client recovered the full amount
of the check plus interest.
Litigation: Client lost millions when a tech
company failed to register shares so as to permit their sale on public exchanges. Company's
financial condition does not allow any reimbursement to client.
JLG devises a litigation strategy to first obtain relief
against tech company where it consents to a settlement granting an agreed judgment against it
and assigning to JLG's client all rights against the tech company's insurance policies for
the recovery of such damages.
Client Success: JLG eventually represents tech
company in obtaining a multi-million dollar settlement against the insurance company which
is eventually paid to JLG's client. JLG's client recovers millions of dollars of damages
and is able to tap a source of recovery to pay the damages that was not readily obvious to
Employment: Client was dismissed by national
securities brokerage firm despite being one of the highest rated fund managers.
JLG's investigation uncovered that certain unacceptable
conduct may have motivated the firing decision. JLG brought this to the attention of internal
counsel at the brokerage firm and after lengthy negotiations were able to successfully resolve
the matter to all parties' satisfaction.
Client Success: Client was able to successfully
resolve her claims without the need for litigation.
Litigation: Client, a retailer of cellular
phone services, sought redress for an unlawful termination of its distributorship agreement.
JLG's investigation demonstrates to JLG that the
motivation for the termination had no basis in law or fact but was motivated by a desire to
favor other interests. JLG files an arbitration claim and after a year long arbitration prevails
before a three arbitrator panel in NYC.
Client Success: Client recovers significant
damages against the national cellular carrier for the unlawful termination of the