Business Transactional and Contract Disputes
Protecting our clients’ contractual and competitive rights is at the heart of our practice and history as a firm. Our lawyers have regularly appeared in the Business Litigation Session of the Massachusetts Superior Court since its inception, in arbitrations, and in Federal Courts across the country on behalf of publicly-traded and closely-held businesses, non-profits, and individuals, in matters large and small. We have successfully handled complex post-closing claims related to corporate acquisitions; health care reimbursement disputes; claims of business fraud and unfair competition, including civil anti-trust claims, false advertising claims, trademark and trade name disputes, and the enforcement of non-competition agreements; dealer-manufacturer disputes in the medical device, alcoholic beverages, media and automotive industries; performance disputes under service contracts; and defective product breach of warranty claims. These matters frequently involve regulatory overlap.
We recognize that while a client may be in litigation, litigation is not their business, and can be a considerable and costly distraction. With a focus on client collaboration and early case assessment, we work hard to identify key “pressure points” in a dispute, and then develop and execute strategies to drive the matter to favorable resolution. Until resolution, however, we fight aggressively to protect and advance our clients’ legal rights. The following is a description of some of our specific experiences:
- Represented a dining services management company alleging that its client, the owner of a senior care facility, had wrongfully terminated the dining services contract. Within six months after commencing a AAA arbitration, and after a full hearing, our client prevailed, recovering lost profits, payment of outstanding invoices, and attorneys fees.
- Arbitrated a claim on behalf of a community hospital, against a national health plan company challenging its attempt to enforce a “most favored nations” clause to reduce payment for hospital services. After filing, the parties reached a settlement and contract extension.
- Defended at trial a medical corporation and its principals in a $12 million breach of contract claim, and a multiple damages claims pursuant to the Massachusetts Unfair Trade Practices Act, by the corporation’s medical billing agent. Judgment entered for each of our clients on all counts.
- Represented a community hospital in a claim brought by its Medical Staff President seeking a declaration that the Medical Staff possessed rights independent of the hospital. The trial court dismissed the case, ruling that a medical staff is a dependant arm of the hospital corporation, and does not possess legal capacity to sue. The New Hampshire Supreme Court affirmed.
- Argued the first case before the Supreme Judicial Court to decide the contours of the Anti-Strategic Litigation Against Public Participation (anti-SLAPP) statute. The decision is reported at 427 Mass. 156, 691 N.E.2d 935. Following the decision, the claim against the firm’s client was dismissed with prejudice.
- Defended Japanese vitamin manufacturer and its U.S. subsidiary in class action alleging price-fixing.
- When a local marina tried to promote its own servicing business by barring our client from servicing boats on its docks, we brought suit and obtained an injunction enabling our client to continue
- Guided the defense and response of Massachusetts-based contractor targeted in an out-of-state anti-trust grand jury probe. The investigation was eventually closed.
- Represented a distributor of medical diagnostic equipment in a dispute with the manufacturer. After the manufacturer’s lawsuit against our client was dismissed in favor of an arbitration, and the manufacturer breached a memorandum of understanding that was to have settled the dispute, we commenced another arbitration and obtained a settlement whereby the client acquired the manufacturer on extremely favorable terms.
- Represented Fortune 500 company in a matter brought by distributor for medical imaging products following the non-renewal of its distribution agreement. Following removal of action to federal court and motion to dismiss, plaintiff chose to withdraw its complaint entirely.
- Obtained summary judgment dismissing all claims against our client, an investment manager, and other defendants in an action where the plaintiff start-up technology company alleged the misappropriation of its business plan and other allegedly confidential business information. The Massachusetts Superior Court, Business Litigation Session, adopted our argument that the plaintiff could not demonstrate any damage to it or unjustified gain to the defendants due to the alleged conduct.
- Successfully opposed motion for preliminary injunction in federal court based on alleged misappropriation of trade secrets by clients and then obtained transfer of case, leading to discontinuance by the plaintiff.