Commercial Litigation

EXPERIENCED BOSTON COMMERCIAL LITIGATION ATTORNEY

As a business owner, the success of your business is one of your top priorities. When legal issues and complex challenges threaten your livelihood, it creates unnecessary stress. Engaging an attorney at the outset of a dispute will alleviate the difficulties you face and help resolve legal issues with minimal disruption to your business operations.

While the best approach will be different for each client, we try to resolve matters without the need for litigation whenever possible. When litigation is the only answer, our seasoned trial attorneys are aggressive advocates and pursue innovative legal strategies and trial tactics designed to protect your interests. From the initiation of litigation, to negotiation of settlements, to arbitration or mediation, to jury or non-jury trials, to appeals, we provide comprehensive advice, maintain clear communications and are always accessible to answer your questions.

Our commercial litigation attorneys offer decades of experience representing clients in Boston and throughout Massachusetts, including corporations, closely held businesses, limited liability entities, family-run businesses, partnerships and individuals. We are available to handle any business dispute or commercial litigation matter in state or federal court, including:

Contract Disputes
Breach of Contract Claims
Construction
Unfair and Deceptive Trade Practices
Business Freeze-Outs
Breach of Fiduciary Duty
Partnership Disputes
Stockholder Disputes
Stockholder Derivative Suits
Employment Disputes
Real Estate Disputes
Shareholder Disputes
Owners Disputes
Franchise Disputes

Highlights of our commercial litigation experience include:

Business

Successfully defended a contempt action brought by the Office of the Attorney General against three corporate entities and their principal after a nine-day bench trial in Suffolk Superior Court.
Obtained the dismissal of claims against a professional services firm after an eight-day jury trial in the Business Litigation Session of Suffolk Superior Court.
Represented clients in a variety of highly contested disputes between shareholders of closely held businesses (retail, hospitality, real estate, manufacturing, distribution, etc.); claims included breach of contract, breach of fiduciary duty, fraud and corporate freeze-outs.
Represented numerous clients in business “divorces,” stockholder disputes and employment matters, wrongful termination, severance agreements, non-compete agreements, non-solicitation agreements and stock option agreements, which were litigated in various courts, involving millions of dollars. Visit the firm’s Shareholder & Stockholder Disputes practice description for a partial list of cases (many others matters have been settled without litigation and are therefore not public).
Won at trial and had upheld on appeal a $600,000 judgment on behalf of a successor trustee in Middlesex Probate and Family Court against a former trustee that had absconded with trust funds.
Obtained a court order on behalf of a prominent retail business ordering that a competing business promptly change its name and permanently cease and desist from using certain terms in its new name and promotional materials.
Represented an automotive client in a lawsuit alleging fraud, coercion, state dealer law violations, and otherwise challenging an OEM’s nationwide incentive program.
Represented Ingaldsby Farm in Boxford against an angry neighbor, allowing the family-run farm and farm stand to remain open and in business.
Successfully challenged the licensing of a cannabis retailer seeking to establish a location in a property adjacent to a client’s property.
Represented an employer in a case of fraud and theft seeking recuperation of hundreds of thousands of dollars of stolen funds.
Won the complete dismissal of an action against an Israeli company facing defamation claims for online services.
Defended a global automobile manufacturer on appeal in an action to uphold a denial of warranty rate increase request by a dealership using a novel theory of recovery.

Real Estate/Construction

Represented a real estate developer in a lawsuit for enforcement of an out-of-state judgment in a contract dispute over breach of multiple commercial leases, helping the client recover approximately $3.8 million.
Defended the purchaser of a “man camp” in an arbitration of claims brought by the seller. The arbitrator’s award granted the client purchaser $1.1 million in its claims arising out of defects in construction, an amount far in excess of the original claims brought by the seller.
Successfully overturned a summary judgment motion and damages in the amount of $865,000 against a client sued for fraud and deceit in regards to a lease he executed with Copley Place Associates.
Represented a manufacturing company and its owner in a six-figure contract dispute with a broker who was hired to sell the manufacturing company’s assets. Our client, the manufacturing company and its owner, were sued by the broker who argued he was entitled to a commission under the terms of the contract. Our client maintained the broker was not entitled to a commission under the terms of the brokerage contract. A one-week jury trial resulted in a dismissal of all claims against our client after two hours of deliberation.

Obtained summary judgment on behalf of a Back-Bay condominium owner who was improperly assessed a portion of a condominium’s special assessment to rebuild its parking garage. On appeal by the condominium, represented the owner before the Massachusetts Court of Appeals, which affirmed the judgment in favor of the owner.
Won a $300,000 settlement on behalf of a commercial tenant sued by their landlord. When the landlord sued the tenant for vacating the property prior to termination of the lease, the firm counterclaimed based on the illegality of that lease, leading to a quick and favorable settlement.
Successfully represented a large national bank in opposition to an emergency motion for a temporary restraining order filed in the eleventh-hour as an attempt to prevent foreclosure of a commercial property.
Convinced a construction company threatening an unfair business practices claim against a Boston designer to drop the matter prior to filing a lawsuit.
Defended the developer of a Boston condominium project from claims of construction defects asserted by the condominium trust and certain individual unit owners.
Represented a high-end waterfront homeowner in a lawsuit against the manufacturer of custom windows due to defects and leaks.

Franchises

Represented a franchise client in a system-threatening class action lawsuit, including first chairing an arbitration, managing the Sixth Circuit offensive and defensive strategy, and supporting the Ninth Circuit strategy and defense.
Represented a fitness franchisor facing multimillion-dollar claims of wrongful termination of an area developer agreement, multiple franchise agreements and conspiracy. Successfully resolved the dispute for a fraction of the demand. As part of the settlement, convinced the franchisor’s insurer to cover a much greater portion of the settlement than the client was seeking, saving the client hundreds of thousands of dollars in the process.
Represented a franchise client in federal court in a lawsuit alleging fraud, breach of contract and various state franchise law violations. Successfully argued motion to dismiss and resolved the dispute on favorable terms.
Represented a New England franchise client facing a wrongful death action following an accident involving a delivery driver; settled case on favorable terms.

Employment

Defended a client in an arbitration proceeding, wherein the client corporation was accused of improperly terminating an employee, failing to pay commissions owed, failing to make a grant of 5% equity in the corporation, and committing Wage and Hour law violations. The arbitrator ruled in the client’s favor on all claims and awarded the client money on its counterclaim for overpayment. The arbitrator’s award was successfully defended in the Superior Court when the former employee, still seeking the claimed 5% equity, sought to have it set aside after the client corporation was sold for $500 million.
Obtained a defense verdict after a four-day jury trial in Suffolk Superior Court for a group of national restaurants on all counts in a lawsuit involving wrongful termination and discrimination claims.
Represented New Angle Glass in litigation regarding an employment agreement with non-compete clause.
Represented Electric Supply Center, which hired new employees that had non-compete clauses in their employment agreement with their former employer.
Currently serving as putative class counsel on behalf of 500+ distributors alleging independent contractor misclassification against Pepperidge Farm, Inc. in litigation now pending in Massachusetts, California and Illinois.
Obtained a $7 million class action settlement for prevailing wage violations on behalf of over 1,000 Waste Management employees in Mullally et al v. Waste Management of Massachusetts, Inc.
Obtained a $6.5 million class action settlement for prevailing wage violations on behalf of over 700 Allied Waste/Republic Services employees in Swiderski v. Allied Waste Services of Massachusetts, LLC; the case was the largest employment settlement in Massachusetts in 2015 as reported by Massachusetts Lawyers Weekly.
Obtained a $1.15 million class action settlement for travel time violations on behalf of over 100 employees in Domenech v. National Water Main Cleaning Co.
Obtained a $5.25 million class action settlement for 250+ employees for prevailing and overtime wage violations action against a regional environmental maintenance company.
Negotiated a wage and hour settlement on behalf of 28 clients against their former Texas-based employer in a bankruptcy proceeding in the U.S. District Court for the Southern District of Texas; recovered over $10,000 on average per employee, each of whom alleged that the company unlawfully withheld wages due to them.

To speak with one of our commercial litigation attorneys call Jim Rudolph or Jon Friedmann at 617.723.7700 or contact us online.