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Nov 17 Firm Articles

Higgs Client Spotlight: Coolpad Americas

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With a mission to “live smart,” Coolpad is a global-leading smartphone manufacturer that leverages its competitive advantages of R&D and manufacturing to bring the experience of high quality smartphones to everyone in the world. Coolpad has increased awareness around the globe with its high-end devices at affordable prices. Considered one of China’s top mobile brands, the company was recently named to Forbes Asia’s Fab50 list as one of China’s largest 4G smartphone producers and vendors.

While Coolpad was founded in 2003, the company made a big push and entered the U.S. market in 2011 as Coolpad Americas and is headquartered in San Diego. The company launches more than 50 smartphones annually with revenues exceeding $1.8 billion in 2016 globally.

The firm connected with Coolpad in 2014 and has had the opportunity to represent the national/international company on various fronts with great results. For instance, Higgs’ partner and chair of the firm’s bankruptcy practice group, Martin Eliopulos, through aggressively litigating on Coolpad’s behalf, helped the company negotiate a payment plan on a significant past due balance owed by a distributor that resulted in full payment to Coolpad, including interest, within six months of filing a lawsuit and requesting a pre-judgment writ of attachment.

“Coolpad’s records and evidence supporting its position were so well organized and detailed that it made our job as litigators easy to present their case to the court. That was a significant factor in achieving an early and successful resolution to the case,” shared Eliopulos.

In addition, Higgs’ partner and trial attorney, Peter Doody, assisted in an insurance coverage tort liability case. One of Coolpad’s China-based employees was in San Diego on a business trip and got into an automobile accident in a non-company owned vehicle. The motorcyclist sued the employee, the owner of the vehicle and Coolpad. Doody quickly jumped in and got the case resolved. He not only got the visiting employee insurance coverage with a commercial policy of $1 million, but Doody successfully got Coolpad entirely dismissed without them paying for anything.

“The Coolpad employee involved in the auto accident had relocated to China. Once they were officially served with the lawsuit in China, we were able to successfully convince the commercial insurance company, which covered the non-owned auto, that the employee was insured under the policy. The case against Coolpad’s employee was then resolved by the commercial insurer,” explained Doody. “Prior to mediation, and with the great assistance from Coolpad’s general counsel, we were able to convince plaintiff’s counsel to dismiss Coolpad from the case for a waiver of costs. This case resulted in a win-win for Coolpad.”