“The complaint is devoid of any allegation that defendants induced Pernice’s signature by misrepresenting the agreement or concealing its key term,” Boasberg wrote.
Richard Smith, co-chairman of Wiley Rein’s litigation group, represents the McBee defendants and Bovim.
“We are pleased with Judge Boasberg’s decision to dismiss in their entirety the central claims asserted by Thomas Pernice, finding there is no legal basis for them,” Smith said in a statement. “We will continue to vigorously defend what little remains of this case now and expect to prevail on those allegations as well.”
Ludwig, co-chairman of Dunlap Bennett & Ludwig’s litigation group, was not immediately reached for comment Thursday.
In McBee’s court papers asking Boasberg to dismiss claims, Smith wrote: “In the end, when the dust settles, what is left is merely a routine contract claim by a corporate plaintiff Modena Holding Corp. against its contractual corporate counterparty McBee Strategic Consulting, a claim that ultimately will fail as true facts are revealed, nothing more.”
McBee, since its founder’s departure and the deal with Wiley Rein, appears to have been reinvigorated as a lobbying organization despite the lawsuit—which was served to a top McBee executive at a cocktail party celebrating the acquisition, according to Politico.
The lobby shop since then has hired several new staff members, including cybersecurity expert Greg Garcia and public policy specialist Kim Olson Dorgan, around the time when Wiley Rein was downsizing its personnel.
McBee Strategic represents several technology and transportation companies such as McAfee Inc. and Boeing Co., among others, according to disclosures made to Congress. This year, it has signed up nine new clients including Microsoft Corp. and General Electric Co.
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