business litigation – cases of note
Negotiated favorable settlements for Dutch pension funds in federal lawsuits against major provider of investment and trust services for failure to disclose material risks of collective investment funds that were rendered worthless upon the failure of Lehman Brothers.
Prevailed on summary judgment in representation of general partner and non-profit sponsor of affordable housing in dispute with limited partners over non-profit’s ability to exercise right of first refusal to obtain ownership of multi-million dollar low-income tax credit housing project. Successfully defended judgment before Supreme Judicial Court. Homeowner’s Rehab, Inc. v. Related Corp. V SLP, 479 Mass. 741, 743-46 (2018).
Secured real estate attachments, trustee process and injunctive relief for individual investors defrauded by investment fund manager operating Ponzi-scheme in action for fraud and violations of Massachusetts Securities Act. Recovered funds for investors and investment fund manager was incarcerated.
Represented public information technology company in connection with professional malpractice claims arising from negligence in formation of Massachusetts security corporation, the purpose of which was to reduce taxes. Prevailed in arbitration against Big Four accounting firm and negotiated favorable settlement with law firm in separate litigation after defending its summary judgment motion. Total proceeds recovered made client essentially whole.
Obtained six-figure settlement for utility expense reduction company against two major healthcare institutions through mediation of federal lawsuit and related arbitration for breach of utility expense reduction agreements.
As co-counsel, assisted in obtaining dismissal for lack of personal jurisdiction in case against international investment bank in multi-million dollar lawsuit brought by investor for alleged fraud, negligence, and breach of fiduciary duty in connection with private equity investments. Successfully defended interlocutory appeal. Dismissal was reversed on final appeal and renewed motion to dismiss is pending.
Representing beneficiary of trust against trustee for multiple breaches of fiduciary duty including failure to make distributions in the sixteen-year history of the trust, failure to account, commingling and waste of trust assets.
In complex, multi-million dollar federal case regarding material misrepresentations in financial statements for a stock purchase agreement, negotiated favorable settlement for purchaser of stock in golf sportswear company.
Obtained extensive injunctive relief on behalf of designer of specialized medical treatment facilities against employee acting as a “double agent” who, while still employed by client, provided competitor with client’s trade secrets and proprietary business information. Injunction provided for a state-wide ban on competitor pursuing development of similar facility.
Represented co-owner and president of a major Boston restaurant and underlying valuable commercial property in claims against his close corporation and co-owners for breaches of fiduciary duty and nonpayment of his loans to the corporation. Also defended client against claims of excessive compensation, misappropriation of corporate opportunities and mismanagement. After discovery and extensive mediation, obtained buy-out of client’s interests in the corporation and property.
After obtaining attachments on business and real property and extensive injunctive relief, negotiated settlement whereby clients recovered full amount of substantial deposit for purchase of restaurant business and attorneys’ fees for wrongful refusal to return deposit.
Defended digital sports technology company sued for alleged breach of software license agreement. Negotiated three-way settlement whereby co-defendant agreed to substantial contribution to settlement.
Represented a medical device company claiming that a competitor wrongfully obtained its company’s confidential customer list from their distributor and used the confidential customer list to market and sell a new competitive product. After filing a complaint and receiving a favorable ruling denying defendant’s motion to dismiss, we obtained a settlement.
Represented a start-up biotech company in defense of claims brought by alleged co-founder for breach of implied partnership agreement, breach of fiduciary duty, violation of Chapter 93A and defamation and in countersuit against alleged co-founder for breach of partnership agreement and breach of fiduciary duty based on alleged misappropriation of confidential information and other tortious acts. We obtained a favorable settlement after mediation.
Defending founders of multi-office dental practice in defense of claims brought by former partners for breach of membership repurchase agreement, breach of fiduciary duty and violation of Chapter 93A for alleged failure to provide former partners a change of control payment following significant investment in the business. After filing motion to dismiss, court dismissed breach of fiduciary and Chapter 93A claims.
Represented regional wholesale distributor of plumbing and HVAC supplies in multi-district litigation against institutional investment advisers acting as fiduciaries for company’s retirement plan for violations of ERISA and Mass. Securities Act based on the advisers’ misrepresentations regarding risk level of investment fund which had invested heavily in subprime mortgage-related securities. Through mediation and extended negotiations, obtained seven-figure settlement for clients.
Represented a public company, its key executives and its deferred compensation plan in federal lawsuits in Philadelphia, San Francisco, New Orleans and Washington D.C. regarding the “top hat” status of the plan and the participants’ rights to account balances under ERISA. After several rulings in favor of our clients, the claims of all participants settled on favorable terms.
On behalf of commercial property owner faced with clean-up of historic hazardous waste contamination, negotiated complex six-figure settlement representing 75% of response costs with multinational conglomerate who had acquired original polluter.
Defended owner/developer of multi-unit private student housing in landlord/tenant class action. Successfully mediated settlement whereby insurer paid over 90% of the settlement.
On behalf of international precious metals supplier, negotiated six-figure pre-litigation indemnification pursuant to stock purchase agreement to cover claims made against client of alleged violations of federal Clean Water Act and by U.S. Department of Labor for alleged gender discrimination.
Represented national franchisor of quick-serve restaurant/bakery in federal court cases in Massachusetts and California against franchisee of multiple locations for breach of area development agreement and franchise agreements. After winning motions to compel arbitration and taking deposition of franchisee’s principal, obtained favorable settlement.
Defended digital watermarking company in litigation in Texas and New York brought by investor/supplier who claimed that company and its private equity owners breached their fiduciary duties in a round of financing that altered company’s capital structure. After briefing and arguing motions to dismiss in both jurisdictions, case settled through issuance of promissory note to investor/supplier that was payable upon change of control of company.
Defended seller of 747SP aircraft in lawsuit filed by foreign government for breach of contract and recovery of $1 million in liquidated damages. After discovery, summary judgment motions and seven-day federal trial, obtained jury verdict that plaintiff had acted in bad faith and had suffered no actual damages. After post-trial motions and appeal to the United States Court of Appeals for the First Circuit, obtained dismissal of litigation with our client paying nothing to plaintiff.
Represented sales representative company in arbitration against two limited partnerships for commissions due for procurement of commercial aircraft. A three-arbitrator panel, including former Chief Justice of the Maine Supreme Court, rendered award in favor of our client, including attorney’s fees, after one-and-a-half week trial.
Represented sellers of stock in educational software company in connection with post-closing disputes over release of escrow funds and payments owed key stockholder employees. Disputes involved alleged misrepresentations regarding payment of current taxes and clear title to the stock. After extended negotiations with acquiring company and third party who asserted claim to the stock, obtained release of most of the withheld monies.
Represented provider of human resource benefits outsourcing software and services in claim against Fortune 500 company that improperly terminated agreement after merging with another company. After mediation with retired New York state judge, obtained $1.5 million settlement.
Defended trustee and beneficiary of a family trust in shareholder derivative lawsuit involving operations of successful juice company. Plaintiff claimed that sale and leaseback of company property to entity owned by some but not all family members was a breach of fiduciary duty and misappropriation of corporate opportunity. After extensive discovery and mediation, lawsuit was dismissed with prejudice.
Represented dress design and manufacturing company in claim against its bank for improperly allowing company’s controller to embezzle funds by issuing checks without required two signatures. Obtained settlement after sending demand letter and negotiation with bank counsel.
Defended periodontist in lawsuit brought by his former employee and co-owner of his dental practice. After asserting counterclaims including shareholder derivative claims against plaintiff and his professional corporation, obtained settlement.
Represented government relations subsidiary of major Boston law firm in claim against former client for bonus due for successful work. Won the right to proceed with case in Boston after defendant unsuccessfully filed suit in South Carolina and sought to have dispute handled there. After mediation, obtained settlement.
Represented founders of company that designed, fabricated and tested optical products, and asserted freeze-out claim against private equity investor which held most of the preferred stock in the company. After sending demand letter and pursuing negotiations, obtained settlement specifying payouts to founders and other common stockholders upon anticipated sale of company.