http://www.bloomberg.com/apps/news?pid=newsarchive&sid=a4ItZ3FO7z68Lobbyist Biden's Suit Against Former Hedge Fund Partner Dropped
By Thom Weidlich and Jenny Strasburg
Sept. 20 (Bloomberg) -- A judge threw out a lawsuit in which Washington lobbyist R. Hunter Biden accused a former business partner of lying about his professional credentials during negotiations to buy an investment firm.
Biden, son of U.S. Senator Joseph Biden, and James Biden, the senator's brother, sued Anthony Lotito Jr. in February, claiming Lotito hid debts and falsely claimed he had securities licenses, in an effort to lure them as partners in the $21.3 million acquisition of New York-based Paradigm Cos.
``The connection between Lotito's alleged misrepresentations and the losses alleged to have been incurred by defendants is tenuous at best,'' Judge Bernard J. Fried of state court in New York said Sept. 10 in a written ruling.
Fried dismissed the suit without prejudice, meaning it can be refiled. The Bidens will file again with additional details, their lawyer, Nicholas Gravante Jr. of Boies, Schiller & Flexner in New York, said in an interview.
The Bidens' suit was a counterclaim filed after Lotito, 50, sued them in January. He accused them of illegally excluding him from a takeover of Paradigm Cos. while negotiating a better deal for themselves.
Hunter Biden, 37, stepped down in January from daily oversight of Paradigm Global Advisors, a unit of Paradigm Cos. that invests client money in hedge funds. He became chairman of the firm, founded in 1991. Biden is also a lobbyist with Washington-based Oldaker, Biden & Belair LLP, which he co-founded.
2006 Agreement
Last year, the Bidens agreed to a partnership with Lotito that would pay him $25,000 a month to find investors for the Paradigm buyout. Lotito ``failed to secure even one investor,'' and all agreed last September to end the partnership, LBB Holdings USA LLC, according to the Bidens' complaint. Lotito misleadingly described himself as ``an accredited, experienced securities professional,'' the Bidens claimed.In dismissing the Bidens' countersuit, Fried said a ``sophisticated business person'' usually can't argue he relied on misrepresentations if he didn't use ``ordinary intelligence'' to discover the true nature of a transaction.
Fried denied Lotito's request to void his buyout agreement based on the court papers, and that issue may go to trial. The judge set a hearing for Oct. 15.
Lotito accused the Bidens of squeezing him out of the Paradigm deal after he introduced them to executives of the firm in January 2006.
New Work
Hunter Biden was looking for a job outside lobbying in anticipation of Joseph Biden's presidential campaign, according to Lotito's complaint.
The senator isn't a party in the lawsuit. His chief of staff, Alan Hoffman, said Lotito used the senator's name in his lawsuit only to draw attention to his claims.
Brian Wille of Kostelanetz & Fink in New York, who represents Lotito, declined to comment.Lotito is suing Paradigm-related entities including BGPC Advisors LLC, which is controlled by the Bidens and wholly owns Paradigm Global Advisors. Paradigm Global Advisors isn't a defendant.
The case is Lotito v. Biden, 07/600045, New York State Supreme Court, New York County (Manhattan).