WTO wins defense verdict in favor of a food production company
WhiteWave Foods, Co. v. Northland Organic Foods
((Boulder Cnty. Dist. Ct. 2011))
On April 13, 2011, Boulder District Court of Colorado entered judgment in favor of WTO's client, a food production company, in the breach-of-contract action it brought against the sole shareholder and officer of an organic food production company. WTO's client had made a one-million-dollar contract deposit to the defendant in connection with the shipment of soybeans from China. At the end of the contract, the defendant went out of business, had no assets, and was unable to repay the deposit. WTO's client sought to pierce the corporate veil and hold the sole shareholder liable as the corporation's alter ego. WTO presented testimony from its client's forensic accounting expert showing that the defendant had commingled funds, diverted funds for his personal use, and engaged in otherwise deceptive practices that enriched him and bankrupted his company. After a two-day bench trial, the Court issued a ruling in favor of WTO's client and against the defendant.