Business Transactional and Contract Disputes
Protecting our clients’ contractual and competitive rights is at the heart of our practice and history as a firm. Our lawyers have regularly appeared in the Business Litigation Session of the Massachusetts Superior Court since its inception, in arbitrations, and in Federal Courts across the country on behalf of publicly-traded and closely-held businesses, non-profits, and individuals, in matters large and small. We have successfully handled complex post-closing claims related to corporate acquisitions; claims of business fraud and unfair competition, including civil anti-trust claims, false advertising claims, trademark and trade name disputes, and the enforcement of non-competition agreements; dealer-manufacturer disputes in the medical device, alcoholic beverages, media and automotive industries; performance disputes under service contracts; and defective product breach of warranty claims. These matters frequently involve regulatory overlap.
We recognize that while a client may be in litigation, litigation is not their business, and can be a considerable and costly distraction. With a focus on client collaboration and early case assessment, we work hard to identify key “pressure points” in a dispute, and then develop and execute strategies to drive the matter to favorable resolution. Until resolution, however, we fight aggressively to protect and advance our clients’ legal rights. The following is a description of some of our specific experiences:
- Obtained summary judgment for Blackberry Corporation in federal court and successfully argued appeal in First Circuit Court of Appeals, in which the plaintiff had asserted that the co-defendant broker had acted as BlackBerry's agent. The First Circuit held that the co-defendant had neither actual nor apparent authority to act on behalf of BlackBerry. CNE Direct, Inc. v. BlackBerry Corporation, 2016 U.S. App. Lexis 7955 (2016).
- Recovered more than $1 million on behalf of company that had fallen prey to an internet scam, in which company's controller was tricked into sending three wire transfers to a bank account in Hong Kong. Working with Hong Kong counsel, we managed to obtain a freeze order and, fortunately, the full amount that had been transferred was captured by the freeze order and then returned to the client.
- Successfully compelled arbitration, obtained mid-six figure arbitration award, including attorneys fees, and had award confirmed as a judgment on behalf of group of engineering consulting firms against prime contractor on a state contract and its principal. We obtained 100% of the damages we were seeking on behalf of our clients in claim for breach of contract and violation of M.G.L. c. 93A based on prime contractor’s refusal to make payments due under a bonus pool arrangement. We then persevered and have so far been able to overcome numerous obstacles to collect the majority of the judgment.
- Represented a dining services management company alleging that its client, the owner of a senior care facility, had wrongfully terminated the dining services contract. Within six months after commencing a AAA arbitration, and after a full hearing, our client prevailed, recovering lost profits, payment of outstanding invoices, and attorneys’ fees.
- Enforced a number of arbitration awards in Massachusetts obtained by one of country’s largest broker-dealer firms against former brokers who violated the terms of their agreements.
- Defended at trial a medical corporation and its principals in a $12 million breach of contract claim, and a multiple damages claims pursuant to the Massachusetts Unfair Trade Practices Act, by the corporation’s medical billing agent. Judgment entered for each of our clients on all counts.
- 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.
- Defended Japanese vitamin manufacturer and its U.S. subsidiary in class action alleging price-fixing.
- When a local marina tried to promote its own servicing business by barring our client from servicing boats on its docks, we brought suit and obtained an injunction enabling our client to continue
- Represented a distributor of medical diagnostic equipment in a dispute with the manufacturer. After the manufacturer’s lawsuit against our client was dismissed in favor of arbitration, and the manufacturer breached a memorandum of understanding that was to have settled the dispute, we commenced another arbitration and obtained a settlement whereby the client acquired the manufacturer on extremely favorable terms.
- 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.
- Obtained summary judgment dismissing all claims against our client, an investment manager, and other defendants in an action where the plaintiff start-up technology company alleged the misappropriation of its business plan and other allegedly confidential business information. The Massachusetts Superior Court, Business Litigation Session, adopted our argument that the plaintiff could not demonstrate any damage to it or unjustified gain to the defendants due to the alleged conduct.
- Successfully opposed motion for preliminary injunction in federal court based on alleged misappropriation of trade secrets by clients and then obtained transfer of case, leading to discontinuance by the plaintiff.