Representative Trials/cases
Below are examples of different types of trials and cases that Terry Budd has handled over the course of his career.
Prosecuted, presented appellate oral argument, and won case before the Court of Appeals for the Ninth Circuit defining limitations on Section 230 of the Communications Decency Act. Succeeded in securing a reversal by the Ninth Circuit of the District Court’s dismissal of tortious interference and unfair competition claims and defeated defendant’s Petition for Rehearing and Petition for Rehearing en banc. Won appellate case proceedings before the Supreme Court of the United States by defeating Malwarebyte’s Petition for Certiorari and defeating 5 Amici Curiae Briefs. (Case on-going).
Prosecuted Lanham Act, libel/defamation, business tort, and Intellectual Property infringement claims against a website to a successful business resolution after securing a Federal Court Opinion defining the limitations of the scope of protections afforded under Section 230 of the Communications Decency Act and establishing the scope of liabilities of website owners.
Successfully obtained an initial stage Preliminary Injunction against ESET for wrongfully blocking and interfering with Enigma’s customers’ use and access to Enigma’s software system optimization products and for unfair business competition under German law.
Prosecution of claims under French law for unfair competition and tortious interference with Enigma’s customer relationships for Malwarebytes’ unlawful blocking of Enigma’s anti-malware software products. (Case pending).
Successfully prosecuted emergency suit in NYC Federal Court and secured Preliminary Injunction against Playboy Magazine for Intellectual Property infringement claims for unauthorized use of WWE’s characters and trademark/copyright materials.
Prosecuted to successful resolution extended litigation for claims for disparagement, trade libel, and tortious interference against an activist group to protect WWE TV Programming and Intellectual Property rights from unlawful campaign of attacks.
Prosecuted one of the earlier original cases for defamation/libel and theft of proprietary information against anonymous Internet posters through pursuit of litigation against ISPs for disclosure of true identity of the defendant posters.
Successfully defended through trial, verdict, and appeal alleged claims for breach of TV Programming contracts to enable WWE to pursue new TV Programming deals with alternative TV stations.
Successfully investigated and prosecuted to resolution claims for millions of dollars due Mellon Bank under real estate tax shelters and real estate partnership notes.
Prosecuted to a wining jury verdict UTC’s claims for insurance coverage against dozens of insurance carriers for reimbursement of millions of dollars for cleanup costs for environmental remediation and for breach of insurance contracts and wrongful denial of insurance coverage.
Successfully defended and conducted forensic accounting investigation in a protracted litigation concerning alleged financial fraud and accounting improprieties with damages alleged in excess of $50 Million in connection with a leveraged buyout - and obtained winning defense verdict after a
full trial.
Developed and prosecuted complex insurance coverage claims for environmental clean-up costs against 100 + insurance companies and won 8 figure jury verdict for Alcoa after 3 month trial.