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Litigation & Investigations Complex Commercial Litigation

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Overview

Who We Are

Hinckley Allen’s Complex Commercial Litigation Practice Group is led by a team of attorneys who are, first and foremost, trial lawyers. We have decades of experience litigating and trying complex commercial cases in federal and state courts and arbitration forums throughout the United States. We bring a focused commitment to achieving our clients’ goals through effective, efficient representation, and we have a proven track record of successfully assisting our clients with their most significant business disputes.

What We Do

When clients turn to us for their commercial litigation needs, they obtain counsel with the skill and judgment to quickly and effectively assess the strengths of their positions and identify and deploy the best strategies – whether that involves an early resolution or going to trial. This provides our clients with a clear strategic advantage that allows them to proceed from a position of strength with confidence.

Areas of Focus

  • Business and commercial litigation
  • Commercial contract/licensing disputes
  • Corporate, limited liability company, and partnership disputes
  • Real estate/land use litigation
  • Securities litigation
  • Trade secret disputes
  • Government & private industry procurement protests
  • Defamation and First Amendment litigation
  • Non-competition litigation
  • Appellate litigation
  • Shareholder disputes
  • Bankruptcy adversary proceedings
  • Tax disputes
  • Insurance coverage disputes
  • Class action litigation
  • Joint venture disputes
  • Fiduciary duty claims
  • Fraud claims
  • False Claims Act claims

Representative Cases

Our attorneys handle high-stakes commercial litigation for sophisticated clients in a variety of industries, including technology, health care, finance, manufacturing, real estate, transportation and logistics, gaming, and insurance. Highlights include:

Partnership Disputes

  • Successfully defended general partner against claims alleging breach of fiduciary duty during real estate development project. After an eight-day arbitration hearing, the arbitration panel unanimously found for the general partner, and rejected the limited partner’s claim for $15 million.
  • Served as lead counsel to a Boston construction company in a partnership dispute and tried the case to a successful conclusion following an eight-day bench trial in the Business Litigation Session.

Real Estate

  • Obtained verdicts for nationwide medical provider in action to preserve rights under 25 year, $30 million commercial leases.
  • In a dispute that spanned 16 years and included 3 separate trials and appeals, secured a $13 million condemnation award on behalf of a Rhode Island developer, representing one of the largest eminent domain awards resulting from a contested case in Rhode Island, as well as an award of legal fees.
  • Obtained jury verdict and fee award on behalf of owners of historic farm that bred former Kentucky Derby winner, in successful defense of action to force sale of property to developers.
  • Obtained judgment against a Canadian power company whose unlawful retrofitting of hydroelectric dam resulted in dam breach that led to catastrophic flood which destroyed New Hampshire paper mill.

Commercial Contracts/Licensing Disputes

  • Successfully prosecuted claims on behalf of IT equipment supplier in action for breach of $30 million licensing agreement.
  • Obtained multi-million damages and sanctions award against Singapore company that unlawfully terminated IT company’s access to software platform required to process compensation for nationwide sales force.
  • Successfully defended public authority in a commercial contract suit claiming nearly $10M in damages.
  • Represented a multi-national holding company in a significant contract dispute with a Fortune 50 company concerning major components used in commercial wind turbines. The dispute concerned warranty and performance claims for components valued at more than $200 million and involved production and sales in several countries.
  • Successfully represented co-founder of a multi-billion dollar global beverage corporation in a breach of contract action on summary judgment and appeal.
  • Successfully represented nationwide supplier of remediation services in obtaining jury verdict for recovery of fees for massive remediation effort undertaken following Hurricane Katrina.

Tax Controversies

  • Successfully represented computer hardware supplier in action to recover tax indemnification payments owed under corporate merger agreement.

Trade Secrets

  • Obtained jury verdict on behalf of energy supplier in action against competitor for misappropriation of trade secrets.

Public & Private Procurement Disputes

  • Obtained judgment for supplier of logistics/transportation services in action challenging award of 20 year public contract in New Hampshire; judgment represented the largest amount ever paid by the state of New Hampshire in bid protest action.
  • Obtained judgment for IT company in landmark challenge to bid process conducted by private purchasing cooperative for contract to supply computer equipment and services to public universities throughout the United States.

Fraud Claims

  • Obtained the dismissal of mail fraud charges brought against a public contractor on Big Dig project after ceiling panels installed by contractor in tunnel to Logan Airport collapsed, fatally injuring a motorist.
  • Represented senior executives of publicly traded companies and others in SEC investigations and enforcement actions involving allegedly fraudulent disclosures, insider trading, revenue recognition issues, options back-dating, market timing, and various regulatory violations, including prevailing against the SEC at the U.S. District Court level and before the First Circuit Court of Appeals.

Case Studies

Hinckley Allen Successfully Enforces Non-Compete to Prevent Former Employee from Soliciting Customers

Hinckley Allen attorneys successfully represented a Rhode Island pest-control company (the “Company”) in its efforts to enforce a noncompetition agreement and prevent a former employee from soliciting and/or performing services for the Company’s prio…

Hinckley Allen Achieves Dismissal in Superior Court Based on Lack of Personal Jurisdiction

Hinckley Allen obtained dismissal of a complaint in the Superior Court of Massachusetts for lack of personal jurisdiction that was filed against their clients who own and operate a bulk liquid storage facility in New York. This case was brought by a Massac…

Newsroom

Publication

The Next Big Area of Environmental Regulation: PFAS & the Evolving Federal Regulations

April 23, 2024

This is Part II of a three part series.  Check out Part I, where our attorneys explain what PFAS is, and stay tuned for Part III, where our attorneys delve further into certain state regulations on PFAS.On April 19, 2024, the EPA finalized a rule listing …

Publication

The Next Big Area of Environmental Regulation: PFAS

March 5, 2024

This is Part I of the three part series.  Stay tuned for Part II, where our attorneys delve further into the federal regulations on PFAS.Per- and polyfluoroalkyl substances (“PFAS”) are everywhere in our environment, including in our water, air, food,…

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Firm News

Hinckley Allen Successfully Forces Albany Lending Company into Permanent Receivership

February 15, 2024

Hinckley Allen represents Compass-Charlotte 1031, LLC (“Compass-Charlotte”), in a federal dispute in the Northern District of New York against Prime Capital Ventures LLP (“Prime”), Berone Capital Fund LP (“Berone Capital”) and other related Def…

Firm News

Hinckley Allen’s Legal Excellence Recognized by Boston Magazine

November 21, 2023

Hinckley Allen is pleased to announce that numerous attorneys have been recognized by Boston Magazine, earning the prestigious title of "The Top Lawyers of 2023." This annual accolade, initiated in 2021, is designed to highlight outstanding legal talent in…

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