WHITEHOUSE STATION, N.J., Sept. 12, 2018 /PRNewswire/ -- Trascent Management Consulting, LLC ("Trascent"), a leading global management consulting firm driving performance improvements in corporate real estate and facilities management (CRE/FM), obtains fraud victory against former Time Warner Inc. senior executive and Trascent managing principal, George F. Bouri ("Bouri"), following a 5-day trial in the Delaware Chancery Court.
In a 75-page opinion issued on September 10, 2018, Vice Chancellor Montgomery-Reeves concluded: "I find that [Bouri] not only fraudulently induced the formation of the limited liability company and his employment agreement but also, unable to let go of the fraud, made numerous false statements during the litigation." Bouri, who was terminated by Trascent "for cause", alleged that there was no cause for his termination and asserted claims against Trascent for wrongful termination. The Court denied all Bouri's claims against Trascent. The Court found that Bouri lied in order to induce Trascent to hire him and to give him an equity position in the company. The Court found that Bouri lied about many things, including his prior employment experience at Time Warner, his title, salary, bonus structure, and the fact that he was fired following a Time Warner HR investigation into allegations of mismanagement and sexual harassment against Bouri. Bouri had falsely claimed that he voluntarily resigned from Time Warner. As a result of Bouri's fraud, the Court rescinded Bouri's employment agreement and declared the Trascent operating agreement unenforceable by Bouri.
"We are very pleased with the Court's decision. It completely vindicates our actions and brings to a close a long but important battle with Bouri," said Rakesh Kishan, founder of Trascent and managing principal of its European and US-based operations.
In an uncommon move, the Court also found that Bouri engaged in bad faith litigation conduct, lying throughout the discovery process and perjuring himself repeatedly at trial. The Court wrote, "Bouri had a duty to tell the truth in his discovery responses and before this Court. He failed in that duty. Trascent has carried its burden of showing by clear evidence that Bouri took part in bad faith litigation tactics by misleading Trascent and the Court in sworn statements..." As a sanction for Bouri's bad faith litigation conduct, the Court awarded Trascent its attorneys' fees and costs incurred in bringing the motion for sanctions and 40% of all fees Trascent incurred throughout this litigation, an amount expected to top half a million dollars. "We are pleased with the sanctions award not only because of the substantial monetary award to our client, but also because it sends a strong message designed to protect the legitimacy of the litigation process itself," said Michael Gardner of the law firm Gardner Haas PLLC, lead trial counsel for Trascent.
The case is Trascent Management Consulting, LLC v. George Bouri, C.A. No. 10915-VCMR, in the Court of Chancery of the State of Delaware.
Trascent was represented at trial by lead counsel Michael Gardner and Jeremy Wilson of business litigation firm Gardner Haas PLLC (gardnerhaas.com) and Michael Arrington of Parkowski, Guerke & Swayze, P.A. (pgslegal.com)
Trascent, a global management consulting firm, drives measurable performance improvements, develops breakthrough solutions and generates quantifiable results in corporate real estate and facilities management (CRE/FM). Serving clients across the globe, Trascent helps implement CRE/FM strategies, creating shareholder value through a broad range of consulting services. (trascent.com)
CONTACT: Yvonne Liu, Global Marketing Director, Trascent Management Consulting, LLC, [email protected], +1 (646) 295-4299
SOURCE Trascent Management Consulting, LLC
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