CW secures $7 million affirmance in court of appeal

October 2023

CW secured an affirmance of right to attach orders (RTAO) for $7 million on behalf of two former executive employees of NMSI, Inc., a national, multibillion-dollar residential mortgage lender, in a breach of contract case. 


Several years ago, the employees entered into revenue sharing agreements that could only be modified by a signed written agreement between the parties. Their compensation was later reduced purportedly by agreement in an email exchange. After the employees were advised that NMSI was terminating their employment, they filed a complaint against NMSI, seeking their lost share of revenues. The trial court issued RTAO in the amount of approximately $7 million against NMSI, which NMSI appealed. CW attorneys Alyssa Bell, Marc Williams, and Cristopher Santos successfully persuaded the California Second District Court of Appeal to affirm the trial court's orders. The Court of Appeal issued a published opinion rejecting a novel theory of statutory construction that would have vastly expanded the scope of California's Uniform Electronic Transactions Act. 


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