Business Transactions and Contract Disputes
- Helped procure highly favorable settlement for distributor of diagnostic equipment in dispute with manufacturer, after commencing arbitration claim, obtaining dismissal of manufacturer’s claims in state court, negotiating memorandum of understanding and then commencing a second arbitration proceeding to enforce the memorandum of understanding. The settlement resulted in the client acquiring the business division of the manufacturer on favorable terms.
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Represented a corporation and three of its principals and officers who had been named as defendants in a breach of contract suit. The plaintiff, a medical-billing company, claimed over $12 million in damages, based on alleged breaches of a billing-services contract and a settlement agreement, and alleged violations of Massachusetts General Laws Chapter 93A. After a week-long trial before the Superior Court, the Court found in favor of the Firm's clients on all counts asserted against them, without payment of any amount to the plaintiff.
- Successfully defended $90 million suit against a medical imaging corporation and three of its employees. Claims against the individuals were dismissed on motions for summary judgment. Following substantial discovery, all remaining claims against the corporate defendants were dismissed by the Court immediately prior to trial.
- Obtained summary judgment for our client, a national claims management firm, dismissing claims against it for unfair claims settlement practices where plaintiff retail store had been unable to settle its substantial claims against the self-insured supermarket chain to whom our client provided claims management services.
- Successfully represented a business consulting firm that had been sued for alleged misrepresentations in connection with services provided to a debtor-in-possession. Following motion practice and some discovery in the related bankruptcy action, the claims against the client were dismissed with prejudice and without the payment of any amount to the plaintiff.
- Argued the first case before the Supreme Judicial Court to decide the contours of the Anti- Strategic Litigation Against Public Participation (anti-SLAPP) statute. The decision is reported at 427 Mass. 156, 691 N.E.2d 935. Following the decision, the claim against the firm’s client was dismissed with prejudice.
- Represented Fortune 500 company in a matter brought by distributor for medical imaging products following the non-renewal of its distribution agreement. Following removal of action to federal court and motion to dismiss, plaintiff chose to withdraw its complaint entirely.