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Business Litigation

Each partner has over 25 years of significant experience representing clients in a wide range of sophisticated commercial litigation, both as plaintiffs and defendants in cases throughout the United States.

Each partner has over 15 years of significant experience representing clients in a wide range of sophisticated commercial litigation, both as plaintiffs and defendants in cases throughout the United States. Our clients include sole proprietors, closely held companies and publicly traded corporations.

Examples of the subject matters that we have handled and litigated include:

  • buy-outs

  • and claims of founders after acquisitions

  • or dilution of ownership through additional infusions of equity;

  • fighting the application of state consumer protection legislation in Connecticut, Massachusetts and New Hampshire to gift cards issued by a national bank and sold by an affiliate of Simon Property Group, the largest public U.S. real estate company;

  • litigating unfair settlement practices claims against publicly-held insurance companies;

  • bringing and defending breach of contract claims for clients in various industries, including equipment and medical device manufacturing, IT services, retailers and health care providers;

  • collection cases for financial services clients;

  • representing VISA USA Inc in the TJX security breach case to protect the confidentiality of VISA’s documents;

  • and, coordinating litigation efforts across the United States for an equipment manufacturer.

Our Successes – Business Litigation

Individual note holder – reached settlement on defaulted demand note within two weeks of filing complaint as a result of successfully obtaining ex parte pre-judgment attachments against borrowers.

Mortgage lender – obtained temporary restraining order for client approximately 3 hours after it received a cease and desist order from state regulator, which order was issued in violation of client’s due process rights.

Financial institution – successfully represented secured lender in borrower’s bankruptcy case by recovering value of lender’s investments.

National mortgage lender – successfully defended lender against consumer claims based on origination of loans.

Residential golf course community – Brought in as settlement counsel by defendant after prior counsel failed to defeat summary judgment on liability on a claim under G.L. ch. 93A, among other claims, which exposed the client to damages in the multi-million dollar range; achieved favorable settlement.

Insurance companies – brought claims of unfair insurance practices against AIG Domestic Claims/National Union and obtained judgment for punitive damages and $1 million in attorney’s fees after three week bench trial.  After appeal, punitive damage award was increased to $22.7 million under c. 176D and 93A.

Real Estate and Mall Management company – brought declaratory judgment claims in Massachusetts, Connecticut and New Hampshire federal court alleging state gift certificate laws did not apply to prepaid gift cards issued by national banks that were sold at Simon Malls. Won summary judgment in New Hampshire, affirmed by First Circuit Court of Appeals; won summary judgment on state enforcement action filed by Attorney General in Massachusetts superior court; overturned dismissal of action in Connecticut with appeal to Second Circuit.

Real Estate partnership – defeated claim for preliminary injunction to prevent sale of Battery Wharf in Boston, obtained injunction against dissenting brothers to prevent them from interfering with partnership operations.

Marina company – defended claim brought by waterfront tenant that claimed it exercised option to renew lease; settling case for increased rent over new term after serving summary judgment papers on tenant.

Equipment leasing company – brought multiple collection claims against debtors for breach of payment terms.

Financial institutions – brought multiple collection claims against debtors and guarantors for breach of loan agreements, including claims litigated through summary judgment and executing on judgment.

Close corporation/Freeze Out – successfully defeated shareholder’s dilution claims with motion to dismiss

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