| AREAS OF PRACTICE
We represent clients in a wide range of business and litigation matters. We work with our clients to provide efficient and cost effective representation that encompasses all aspects of our clients’ legal needs. Our areas of practice include the following types of matters:
Appellate Practice
Business Disputes
Business Transactions
Insurance Disputes
Labor and Employment
Negligence Claims
Appellate Practice
We represent clients before all Massachusetts appellate courts on direct and interlocutory appeals. We have experience with all aspects of appellate practice, from identifying issues in the trial court record and drafting carefully crafted legal memoranda, to arguing the case before the court. Representative cases include:
- Represented national automobile insurer in appeal of trial court order dismissing declaratory judgment action concerning primacy of insurance coverage afforded by insurer’s business automobile policies (Clarendon National Insurance Co. v. Amica Mutual Insurance Company, ,et al., 441 Mass. 248 (2004)).
- Successfully defended automobile dealership in appeal of trial court order dismissing former shareholder’s claims of breach of fiduciary duty, fraud, and civil conspiracy arising out of corporate freeze-out merger. (Saro v. Carney, 60 Mass. App. Ct 1112, 802 N.E.2d 129, 2004 WL 98537 (2004)).
- Obtained reversal of lower court order dismissing claim of defamation by high tech sales company against competitor and former employee (Tech Plus v. Ansel, 59 Mass. App. Ct. 12, 793 N.E.2d 1256 (2003)).
- Obtained reversal of lower court order denying motion to dismiss based on lack of personal jurisdiction on behalf of Illinois scrap metal company sued by Massachusetts based manufacturer. (Cambridge Lee Industries, Inc. v. Acme Refining Company, 2005 Mass. App. Div. 140, 2005 WL 3047406).
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Business Disputes
Our primary area of practice focuses on business litigation matters. We represent business entities, executives, directors, entrepreneurs, and individuals in a wide range of commercial disputes. We litigate cases in federal and state courts and routinely appear in the Business Litigation Session of the Massachusetts Superior Court. Representative cases include:
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Fiduciary Duty Claims
Defended former officer and shareholder of international air freight shipping company in action tried before a jury (United States District Court) against claims by former employer of breach of duty of loyalty and breach of fiduciary duty.
Awarded summary judgment (Suffolk Superior Court, Business Litigation Section) in favor of automobile dealership and its majority shareholder, on claims by former shareholder of breach of fiduciary duty, fraud, and civil conspiracy arising out of corporate freeze-out merger.
Prosecuted, on behalf of high tech sales company, in action tried before a jury (Norfolk Superior Court), claims against competitor and former employee of breach of duty of loyalty, intentional interference with contractual relations, and unfair and deceptive business practices.
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Trade Secret Claims
- Defended Director of multinational software company against claims by former employer alleging misappropriation of trade secrets and breach of non-competition agreement.
- Defended President and CEO of publishing company against claims by former employer of misappropriation of confidential information, breach of duty of loyalty, and breach of severance agreement.
- Defended, on behalf of former sales representatives and sales manager of
wholesale food broker, claims by former employer of misappropriation of
trade secrets and breach of duty of loyalty.
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Non-Competition Claims
- Defended former key employee of internet access hardware manufacturer against claims by former employer of breach of employment and non-competition agreements.
- Prosecuted, on behalf of former employee of medical device manufacturer, claims for injunctive relief precluding former employer from enforcing certain restrictive covenants contained in employment agreement.
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Breach of Contract Claims
- Defended healthcare analytics business unit of multinational pharmaceutical company in a declaratory judgment action involving the interpretation of a data product license agreement. Pharmaceutical company, as licensor, asserted that the licensee breached the non-assignment clause of the license agreement.
- Prosecuted, on behalf of Illinois based employment agency, claims based on failure of Massachusetts corporation to pay placement fee in connection with hiring of executive employee.
- Defended, on behalf of custom design and fabrication company, claims by museum customer for breach of contract based on allegedly defective design and manufacture of interactive exhibits.
- Defended, on behalf of closely held corporation and its officers and directors, claims of breach of contract, fraud, and unfair and deceptive business practices in connection with the sale of assets of the corporation.
- Defended construction contractor against claims by employment placement agency regarding fee due for hiring of project manager.
- Represented Vice President of Sales Operations of international information technology services company in action alleging breach of employment agreement.
- Prosecuted, on behalf of founding owner, claims against corporation based on breach of stock purchase and employment agreements.
- Prosecuted, on behalf of former general manager of ski equipment manufacturer, claims of breach of employment and licensing agreements.
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Real Estate Disputes
- Prosecuted, on behalf of wholesale distributor of building materials, claims against industrial park developer based on promissory estoppel, breach of contract, and violations of Chapter 93A in connection with purchase and development of commercial parcel.
- Obtained dismissal of action against national franchisor of ice cream shops in a breach of lease action by landlord of local franchisee.
- Prosecuted, on behalf of owners of retail shopping mall, claims against tenant for breach of lease terms.
- Prosecuted, on behalf of construction contractor and related real estate brokerage firm, claims based on breach of contract in connection with sale of construction equipment and failure to pay real estate commissions.
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Construction Litigation
- Obtained $250,000 award at summary judgment in arbitration action in favor of plaintiff engineering firm on breach of contract claim against architectural firm involved in design and construction of municipal housing and retail project. Recovery included full amount of underlying claims, plus interest and attorney’s fees. Case involved interpretation of “pay when paid” provision of AIA contract.
- Prosecuted, on behalf of steel construction subcontractor, claims against designer and general contractor of federal courthouse project based on violations of Miller Act, breach of contract and unfair and deceptive business practices.
- Defended commercial property owner in connection with mechanic’s lien claim brought by subcontractor to construction company hired to erect building on property.
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Consumer Claims
- Prosecuted, on behalf of homeowners, claims against manufacturer of windows for breach of warranty and strict products liability in connection with replacement of prematurely rotting windows.
- Prosecuted, on behalf of lessor of automobile, in action tried to a jury (Suffolk Superior Court), claims against automobile dealership based on fraud as a result of dealer’s sale of automobile with undisclosed accident damage as brand new.
- Prosecuted, on behalf of homeowners, claims based on construction contractor’s failure to complete home renovations. Recovered portion of homeowners’ damages from Massachusetts Home Improvement Contractor’s Guaranty Fund.
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Business Transactions
We act as counsel to businesses regarding a variety of transactional matters. We assist our clients with the formation and maintenance of business entities, including filings and registrations with applicable regulatory agencies. We draft and negotiate
shareholder agreements, cross-purchase agreements, redemption agreements,
employment and severance agreements, and represent companies in acquisition and
sale transactions. Representative cases include:
- Represented division president of national food manufacturer and distributor in the negotiation of employment severance agreement.
- Represented regional airfreight forwarder in the drafting of shareholder agreement, employment agreements, and phantom stock agreements.
- Represented New England regional manufacturer of custom commercial signs and awnings in the acquisition of local industry competitor.
- Represented chairman of suburban Boston hospital physician group in the negotiation of employment severance agreement.
- Represented officer and director of regional advertising firm in the negotiation of employment and stock option agreement.
- Represented partner in international accounting firm in the negotiation of partnership withdrawal agreement.
- Represented vice president of Boston-based mutual fund in the negotiation of employment severance agreement.
- Represented buyer in acquisition of assets of a high tech temporary placement agency.
- Represented seller in sale of interest in Boston area franchise of national executive placement agency.
- Represented seller in sale of Boston area franchise of national retail outlet.
- Represented buyer in acquisition of business partner’s interest in wholesale building materials supplier.
- Represented investor group in a series of acquisitions and related financings of Boston area nursing homes.
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Insurance Disputes
We represent commercial and individual policyholders in connection with
insurance coverage disputes. We have experience with cases involving
insurers’ obligations to defend and indemnify policyholders and in
the prosecution of claims based on unfair claim settlement practices.
Representative cases include:
- Prosecuted, on behalf of environmental engineering firm, claims of unfair business practices against its insurer based on failure to defend and indemnify professional malpractice claim.
- Prosecuted, on behalf of residential landlord, claims based on insurance company’s refusal to acknowledge coverage for lead paint claim asserted by tenant where landlord’s policy was allegedly lost and insurer destroyed claim file. Recovery included agreement by insurance company to defend and indemnify insured, plus reimbursement of all attorney’s fees incurred and damages for unfair claim settlement practices.
- Prosecuted, on behalf of owners of cooperative apartment, claims based on insurer’s refusal to indemnify client under homeowners’ policy for repair costs incurred in connection with water leak that damaged multiple units of apartment building.
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Labor and Employment
We represent employers and individuals in connection with labor and
employment matters. We have experience litigating matters before governmental
agencies such as the National Labor Relations Board (NLRB) and the
Massachusetts Commission Against Discrimination (MCAD). Representative
cases include:
- Represented regional transportation company before the NLRB in connection with union organizing campaign, including determination of size of bargaining unit and conduct of union election.
- Represented transportation company providing school bus service to multiple municipalities before the NLRB in connection with union organizing campaign and in defense of multiple unfair labor practice charges.
- Defended wholesale distributor of building supplies before the MCAD in connection with sexual harassment claim brought by former employee based on hostile work environment.
- Prosecuted, on behalf of former employee, claims against national drug store chain based on sexual harassment of employee by store manager.
- Awarded summary judgment (Norfolk Superior Court) in favor of high tech sales company on claims by former employee of employment discrimination based on religious affiliation.
- Prosecuted, on behalf of former employee of law firm in action tried to a jury (Suffolk Superior Court), claims of employment discrimination based on pregnancy.
- Awarded summary judgment (Middlesex Superior Court) in favor of syndicated advertising firm on claims by former employee of breach of commission agreement and covenant of good faith and fair dealing.
- Prosecuted claims by former sales manager of software company for commissions and wages owed.
- Defended former officer of web based continuing legal education provider against claims by former employees for non-payment of wages and commissions.
- Prosecuted, on behalf of former employees, claims against law firm and its
partners based on workplace sexual harassment.
- Defended, on behalf of custom design and fabrication company, claims by injured employee alleging serious and willful misconduct on the part of the employer resulting in injuries to the employee.
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Negligence Claims
We represent plaintiffs in connection with all aspects of personal injury litigation,
including cases involving premises liability, negligent hiring and supervision, and
automobile torts. Representative cases include:
- Prosecuted negligent security claims against international hotel chain on behalf of assault victim stabbed outside hotel function.
- Prosecuted negligence and negligent supervision claims against Boston area university and its coaches based on injuries suffered by student athlete during team practice.
- Prosecuted negligence and negligent supervision claims in connection with injuries suffered by high school student at school function.
- Prosecuted, on behalf of minor and parents, negligence and negligent hiring claims against local lumber company in connection with injuries sustained by minor in automobile accident involving lumber company vehicle.
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