Litigation Team Secures Final Arbitration Award Exceeding $735,000 Following Fees and Costs Ruling
Hamburg, Rubin, Mullin, Maxwell & Lupin is pleased to provide an update to its prior announcement regarding a significant arbitration victory led by Mark F. Himsworth, Esq. and Brittany Ann Kane, Esq. on behalf of the sellers of a major pharmaceutical business.
Following the Arbitrator’s earlier Partial Final Award in favor of the firm’s clients, the parties submitted briefing regarding the sellers’ entitlement to attorneys’ fees, arbitration costs, and expenses pursuant to the fee-shifting provisions of the Asset Purchase Agreement.
The Arbitrator has now issued a final award granting the sellers’ request for fees and costs in substantial part, including:
$105,903.50 in attorneys’ fees + costs; and
Additional interest at six percent (6%), totaling approximately $5,243.40 since January 27, 2026.
The Arbitrator’s ruling enforces the agreement’s fee-shifting provisions, ensuring that the sellers receive the full benefit of their contractual bargain.
With these additional amounts, the total recovery now exceeds $735,000, representing a complete and successful enforcement of the sellers’ rights under the Asset Purchase Agreement.
This final award builds upon the Arbitrator’s prior ruling, which found that the buyers breached key provisions of the agreement governing holdback and earn-out payments and awarded the full amounts sought by the sellers at the time of the arbitration hearing.
The result further underscores the effectiveness of the agreement’s fee-shifting provisions and reflects HRMM&L’s continued success in litigating complex post-closing and transactional disputes through arbitration.