Business Litigation
Our clients include individuals, sole proprietorships, partnerships, limited liability entities, business trusts, publicly held corporations, close corporations, family businesses, and joint ventures. We assist individuals and businesses of all sizes navigate commercial disputes, including breach of contract, fraud, breach of fiduciary duty, unfair and deceptive trade practices, trade secrets, consumer protection violations, and other business torts. We work with our clients to understand their specific situation and develop a dispute resolution or avoidance strategy to best fit within the client’s business strategy and goals. Often, we accomplish a favorable resolution without a case ever being filed, but when it is necessary to initiate or defend against a lawsuit, we bring to bear a set of proactive, focused, and effective litigation skills.
Examples of our business litigation successes include:
In the Business Litigation Session of Massachusetts Superior Court, achieved full dismissal of breach of fiduciary duty, trade secret, and all other claims brought against departed senior executives of biotech company.
Won defense verdict at Superior Court trial for pool company facing Chapter 93A and breach of contract claims.
Prevailed on summary judgment and on appeal for Massachusetts metals corporation in litigation with estate of 50% shareholder over control of business.
Represented major cement supplier in dismissal of two multimillion-dollar product liability claims that incorrectly asserted client’s responsibility for product contamination.
Reached no-liability resolution for supplier in dispute involving high-profile Amtrak project.
On behalf of homeowner, won Chapter 93A, breach of contract and misrepresentation verdicts in Massachusetts Superior Court jury trial against homebuilder.
After opposing party refused to sign settlement agreement whose essential terms had been memorialized over multiple emails, won a Motion to Enforce Settlement Agreement in Massachusetts Superior Court compelling the party to sign and carry out the settlement.
In bankruptcy litigation alleging directors’ breaches of fiduciary duty, reached resolution on behalf of those directors that involved no financial contribution by them to multi-party settlement.
Successfully negotiated multiple franchisees’ exits from onerous franchise agreements.
Won Appeals Court victory vacating Superior Court judgment erroneously failing to grant damages to recycling and hauling business resulting from a breach of a long-term output contract.
Won arbitration judgment awarding injunctive relief and damages for condominium owner in dispute with condominium association and trustees concerning common area uses and maintenance expenses.
Won arbitration judgment for restaurant client granting injunctive and equitable relief requiring disruptive minority owner to sell shares back to the company and pay attorneys’ fees.
Obtained favorable settlement for recruitment and lead-generation company in dispute with minority owner resulting in buyback of minority shareholder’s interest at discounted value.
Obtained injunctive relief for publisher of construction cost estimating data against a company and individual infringing copyrights and trademarks through marketing and sales of counterfeit products over the internet.
Won defense verdict for commercial tenant following jury trial.
Won motion to dismiss all claims brought against publicly traded supplier of food and restaurant supplies.
Won summary judgment in Federal court in Maryland dismissing all claims brought by former sales agent seeking commissions against publicly traded medical records provider.
Won dismissal of claims brought against dental practice management firm by disgruntled former client.
Won dismissal in Massachusetts Superior Court of breach of fiduciary claims brought against trustees of a land trust.
Won dismissal of whistleblower claims brought by disgruntled former employee against publicly traded financial firm in matter of first impression that ultimately went to the Supreme Court.
Obtained favorable settlement for minority owner of accounting firm in dispute with majority owners resulting in redemption of plaintiff’s shares at full value.
Obtained favorable settlement for minority owner of convenience store in dispute with majority owner resulting in redemption of plaintiff’s shares and sale of real estate at full value.
Obtained favorable settlement on behalf of partner frozen out of investment advisory firm.
Obtained favorable settlement of minority shareholder’s breach of fiduciary duty and breach of contract claims against franchisor of martial-arts infused fitness programs.
Obtained favorable settlement of wrongly terminated employee’s claims under the Americans with Disabilities act against former employer.
Obtained favorable settlement of claims brought by shareholder son against majority owner father in lawsuit regarding family-owned interior design business.
Successfully moved for reconsideration of trial court’s order denying motion to dismiss claims against publicly traded accounting firm, which ultimately led to client’s dismissal from case.
Closely Held Business, Shareholder Dispute, and Governance Litigation
We regularly handle disputes involving closely held businesses, including breach of fiduciary duty claims, freeze outs and squeeze outs, breach of contract claims, and allegations involving fraud. While these sorts of disputes are business matters, many partnerships and closely held businesses involve an interpersonal dynamic that can create the same emotional drama as a divorce between spouses. We have extensive experience helping partners and shareholders avoid the sort of conflict that can lead to litigation and when disputes do arise we implement strategies specifically tailored to the circumstances of the case to protect our client’s interests while minimizing the collateral damage to the business itself.
Employment, Non-Competition and Compensation Litigation and Counseling
We represent both employers and employees in a broad range of issues concerning the employment relationship. We have deep experience litigating non-competition, non-solicitation, and confidentiality agreement cases, employment discrimination actions, wrongful termination claims, and claims involving the Massachusetts Wage Act. We have extensive experience representing the interests of executives and senior-level employees who are negotiating employment and severance agreements or asserting termination-related claims. Finally, we are often called upon by companies to both bring and defend claims concerning non-competition agreements and trade secrets.