Kimberly D. Annello is a trial lawyer, handling all aspects of civil and criminal litigation from initiation through trial and appeal. Her practice focuses on real estate, corporate and financial contract disputes, corporate and partnership dissolution, business torts, bankruptcy litigation, defense of white collar criminal and regulatory investigations. She has been trial counsel in multiple bench trials, jury trials, and arbitration hearings in federal and state courts; has taken and defended hundreds of depositions in domestic and foreign jurisdictions; and has argued motions in state and federal trial and appellate courts and arbitration panels nationwide. She also has significant experience in high volume e-discovery, data collection and preservation. Kim often collaborates with corporate, real estate and bankruptcy transaction attorneys, advising and consulting on negotiation, implementation, and pre-litigation issues.
Prior to joining Exall+Wood, Kim was a shareholder in the Dallas office of Greenberg Traurig, LLP.
- Defended owner and asset manager of Chicago Michigan Avenue luxury hotel in AAA arbitration hearing to determine valuation and rent due under 60-year ground lease, avoiding $10 million in annual rent increases.
- Defended national gaming supplier in a federal bench trial on action for breach of contract, resulting in plaintiff’s voluntary dismissal of claims after first day of trial, avoiding over $2.3 million in damages.
- Defended auto dealer in state court bench trial on right to develop and use easement on adjacent property for stormwater drainage and detention. Won bench verdict, judgment on remand and final appeal, avoiding injunction that would have halted construction of over $15 million luxury dealership and required significant redevelopment costs.
- Defended two separate national retail pharmacy chains against multiple qui tam lawsuits alleging violations of federal Anti-Kickback Statute and False Claims Act arising out of pharmacy pricing and Medicare/Medicaid claims reimbursement practices, seeking over $500 million in damages.
- Defended REIT against fraud and breach of fiduciary duty claims brought by limited partner arising out of merger and acquisition of California shopping center. Obtained summary judgment on all claims, avoiding over $10 million in potential damages.
- Defended orthopedic surgery practice against claims for wrongful termination, shareholder oppression and defamation by terminated surgeon partner.
- Represented sole equity holder in a 22-day contested confirmation hearing in a Chapter 11 proceeding for a Tier One automotive parts supplier. Defeated plan of reorganization to deprive equity holder of key assets.
- Obtained injunction on behalf of owner and operator of luxury hotel preventing mezzanine lender from foreclosing on ownership interests and facilitating negotiated resolution of $30 million mortgage default without foreclosure.