Business Litigation

 

 

Intra-Corporate Disputes

• Successfully represented majority owners of limited liability company against allegations of breach of fiduciary duty and breach of the operating agreement in connection with the departure and buy-out of the interests of the minority member.
• Successfully represented minority shareholder in a closely-held company with respect to claims of breach of fiduciary duty and fraud against the majority owner in connection with the sale of the company.
• Successfully represented majority owners of a closely-held company against claims by the estate of a minority shareholder with respect to claims of fraud and breach of fiduciary duty.

Class Action

• Successfully defended an insurance company who was a defendant in a putative class action challenging the manner in which it handles automobile claims in Massachusetts.
• Represented an underwriter who was a defendant in a consolidated class action lawsuit (described as one of largest class actions ever filed) based on allegations about the manner in which issuers and underwriters distributed shares of stock in 309 stock offerings.
• Successfully defended a nutritional supplement manufacturer and obtained a global settlement prior to class certification in an action that alleged, among other things, fraud, misrepresentation and violation of numerous consumer protection statutes.

Governmental Investigations

• Successfully represented a manager of an internationally acclaimed hospital, who was being investigated for receiving bribes and kickbacks from a pharmaceutical company.
• Successfully represented a manager of a global medical device manufacturer who was being investigated for submitting false documents and reports to the Food and Drug Administration in order to obtain approval of a well-known medical device.
• Successfully represented the pharmacy manager of a health care provider who was alleged to have received kickbacks and bribes from a pharmaceutical company.

Contract Disputes

• Successfully defended health care client in in a commercial litigation matter in which the plaintiff claimed that our client had breached its contract to purchase plaintiff’s product, engaged in unfair and deceptive trade practices and had wrongfully disparaged its product.
• Successfully defended waste management company against competitors claims of intentional interference with contract, unfair competition and violations of M.G.L. ch. 93A
• Successfully represented an insurance company against former brokers relating to commissions to be paid under agency agreement

Internal Investigations

• Represented a major health care provider in investigating, uncovering and prosecuting an employee who committed a long term fraudulent scheme. The firm helped the client to recover a substantial amount of money stolen over a period of years.
• Represented management of a manufacturing business in connection with internal investigation of employee receiving kick-backs from Chinese supplier.  As a result, the entire amount of the client’s loss was recovered.
• The firm attorneys’ routinely conducts internal investigations for clients including a number of the major colleges and universities in the Commonwealth.

Land Use

• Successfully defended developer of affordable housing from 8 years of appeals by abutters under the Massachusetts Wetlands Protection Act and Waterways Act in Department of Environmental Protection, Suffolk Superior Court, Middlesex Superior Court and the Appeals Court.
• Obtained annulment in Land Court of Zoning Board’s decision granting zoning relief granted to abutting commercial property owner to develop new office, which would have led to increased traffic and parking on client’s commercial property.
• Obtained judgment on the pleadings against a Cape Cod conservation commission for acting arbitrarily and capriciously refusal to approve client’s construction of a home on waterfront property.

Securities/FINRA

• Defended a securities broker who was exonerated after lengthy federal jury trial in which the SEC alleged that our client profited from improper trading on insider information.
• Frequently represent clients who have received subpoenas and Wells notices from the SEC, in connection with SEC investigations into the propriety of SEC filings, accounting judgments and officer and director stock sales.
• Successfully defended former executive in connection with government investigation into alleged short swing trading.

Theft of Trade Secrets

• Successfully resolved claim against sales team that left their employer and started a new company and were accused of misappropriating customer lists.
• Successfully defended food and beverage start-up against claims for theft of trade secrets under state and federal law.
• Successfully defended high technology start-up against claims for theft of trade secrets under state and federal law brought by the company founders’ former employer.