Business Disputes

Bill and Jim are very experienced at dealing with a wide range of complex business disputes from breach of fiduciary duty in closely held companies and partnerships to Chapter 93A claims for unfair and deceptive practices.

Jim has represented a variety of businesses and their owners, whether plaintiff or defendant, during the course of his entire career.  He has successfully tried bankruptcy and antitrust cases; numerous cases involving G.L. c. 93A, either in business or insurance contexts; disputes between family members and owners of businesses; real estate and construction disputes; cases involving stock options; contract and tort claims; unfair competition and theft of intellectual property.

Bill likewise has represented a variety of businesses and their owners and handled all types of commercial disputes ranging from intellectual property to shareholder disputes, contract disputes, breach of fiduciary duty, fraudulent transfer, and piercing the corporate veil.

Jim’s notable cases include:

$225K legal malpractice settlement for poorly handled sale of domain name
Jim’s clients had agreed to sell the Internet domain name which he and his partner owned for $600K. Unfortunately, the way their lawyer negotiated and finalized the purchase agreement, they had no recourse when the buyer defaulted on making full payment. Before hiring counsel, the clients had negotiated the business terms of the sale: they were to receive $100K at the closing, plus $200K 90 days later, plus 300K shares of the buyer’s stock and an agreement that if the buyer did not “go public” within 18 months, it would pay the sellers $1 per share (equal to $300K). The buyer experienced financial problems shortly after the sale, and paid only the first $100K. Jim sued for $500K, arguing that the clients’ lawyer and law firm had improperly failed to negotiate for security (collateral), a guarantee as to payment of the balance owed, or an automatic reversion of the domain name. Prior to trial, the case went to mediation and settled, resulting in an additional $225K paid to Jim’s clients.

Jury verdict for property owner in abutter’s claim of adverse possession
In this three-party dispute, Jim represented the seller of a commercial building whose abutting neighbor wanted to buy for a song. Just before Jim’s client was to close on a sale of the building to an architect/developer, the buyer asked that the seller remove a fence installed by the neighbor in the alleyway between the properties. When the abutter claimed ownership of the land by adverse possession, the buyer stopped payment on the final portion of the purchase price. The case dragged on for years before Jim was retained to resolve the adverse possession claim. Jim won the case by proving that the fenced-in portion was jointly used and maintained, sinking the abutter’s case because an essential element of adverse possession is exclusive use.

Jury verdict for landlord based on tenant’s forged lease
The tenant of a commercial property sought to avoid paying rent while the landlord was building out the leasehold space, citing lease terms providing that no payments were owed during the build-out. In a dramatic courtroom scene, Jim proved that the lease which the tenant had introduced in evidence was a fabrication and forgery!

Bill’s notable cases include:

$2M potential personal liability avoided for defense clients – defense verdict
Plaintiffs were seeking to collect a $2 million judgment personally against Bill’s clients that had been awarded against a defunct closely held corporation. His clients were the sole officers, directors, and shareholders of the debtor corporation. The trial evidence centered upon potential asset transfers and expert valuation testimony. After a two-week jury trial and $0 verdict against defendants personally, the plaintiffs opted not to appeal. The plaintiffs were also unsuccessful against the individual defendants in the Bankruptcy Court.

250K jury award for senior executive in dispute with public company
A physicist who was instrumental in the formation of a new corporate division was denied a promised retention bonus payment when the division was sold. The company contended that his subsequent employment contract voided the earlier agreement which included the bonus. Careful review of the company records showed independent investment counsel supporting plaintiff’s contention. Plaintiff’s live testimony was also instrumental in conveying the facts to the jury. After a two week trial, the jury returned a verdict for plaintiff, awarding him all of his damages.

Successful settlement among partners of construction company
Bill represented one of the partners of a construction company who wanted to continue operating the business which his colleagues sought to leave. Initially the parties were unable to agree how to divide the assets and liabilities. As claims in the lawsuit were filed, the goodwill of the company was rapidly being eroded. Bill negotiated a settlement prior to trial which properly apportioned liabilities and enabled his client to keep the bulk of the business and rescue its goodwill.