Litigation Complex Commercial Litigation

• 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

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.