Kobre & Kim Achieves Key Dismissal for Crunk LLC

September 27, 2011

Publication: Law 360

Kobre & Kim recently won the dismissal of a putative class and derivative action in New York federal court over the transaction by which Solvi Brands LLC acquired substantially all of energy drink company Crunk LLC's assets. The firm successfully defended more than two-dozen defendants, including Crunk LLC and Solvi Brands LLC, the heirs of Sidney Frank (the founder of Grey Goose Vodka), and a number of independent Solvi investors. Following briefing and argument on Kobre & Kim's motion to dismiss, the court found that the plaintiff lacked standing to sue on behalf of Crunk, that the plaintiff's direct breach-of-contract claim was deficient, and that the equitable claims otherwise failed.