BUSINESS AND EMPLOYMENT LITIGATION

Defense and Prosecution Of Business and Employment Claims

• Defended, on behalf of President and CEO of business to business publishing company, claims by former employer of misappropriation of confidential information, breach of duty of loyalty, and breach of severance agreement.
• Defended, on behalf of former key employee of broadband internet access hardware manufacturer, claims by former employer of breach of employment and non-competition agreements.
• 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.
• 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, on behalf of custom design and fabrication company, claims by museum customer of defective design and manufacture of interactive exhibits.
• Prosecuted, on behalf of founding owner, claims against corporation based on breach of stock purchase and employment 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.
• Prosecuted, on behalf of former employees, claims against law firm and its partners based on workplace sexual harassment.
• Prosecuted, on behalf of steel construction subcontractor, claims against designer and general contractor of federal building construction building project based on violations of Miller Act, breach of contract and unfair and deceptive business practices.
• Prosecuted claims by former sales manager of software company for commissions and wages owed.

Jury Trials

• Trial Counsel (Norfolk Superior Court) to high tech sales company in prosecution of claims against competitor and former employee of intentional interference with contractual relations, breach of duty of loyalty, and unfair and deceptive business practices.
• Trial Counsel (United States Federal District Court District of Massachusetts) to former officer and shareholder of international air freight shipping company in defending claims by former employer of breach of duty of loyalty and breach of fiduciary duty.
• Trial Counsel (Suffolk Superior Court) to former employee in prosecution of claims against law firm employer of employment discrimination based on pregnancy.

Summary Judgment

• 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.
• 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.
• 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.

Appeals

• Successfully defended automobile dealership and related auto body repair shop 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)).
• Represented business 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 als., _____ Mass. ____ (2004)).

GENERAL LIABILITY

• Prosecuted claims against manufacturer of windows and component part manufacturer based on breach of warranty and strict products liability.
• Prosecuted negligent security claims on behalf of assault victim against national hotel chain.
• Prosecuted negligence and negligent supervision claims against Boston area university and its coaches based on injuries suffered by student athlete.
• Prosecuted negligence and negligent supervision claims in connection with injuries suffered by student at school function.
• 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.
BUSINESS (Hyperlink back to Descriptions)
• 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.