The Firm won a motion for partial dismissal in the United States District Court for the District of Colorado, dismissing all claims brought under hardware purchase orders by a Taiwanese technology company against the Firm’s client, a publicly traded provider of cross-border payment and digital financial services. Plaintiff sought more than $8 million in damages alleging that the Firm’s client had breached agreements to purchase hardware for point-of-sale terminals and software to operate the terminals. The Firm argued that the hardware-based claims, which comprised eleven of the thirteen counts of Plaintiffs’ complaint and accounted for approximately $7.5 million of Plaintiff’s alleged damages, failed because they were premised on alleged breaches of purchase orders to which the Firm’s client was not a party and a supply agreement that contained a mandatory forum selection clause requiring that the claims be litigated in New York. The District Court agreed with the Firm’s arguments and dismissed Plaintiff’s hardware-based claims based on the mandatory forum selection clause requiring that they be litigated in New York.
