Commercial Litigation
Firm attorneys have litigated disputes involving a wide variety of commercial matters. We bring a wealth of knowledge and experience to these complex commercial and business disputes that allow our clients to resolve claims strategically and aggressively. Our first commitment is to the client – assigning matters to a team of attorneys positioned to effectively analyze business disputes and design a litigation plan consistent with client goals and resources. Firm attorneys have administered claims in the following areas:
- General Business Litigation
- Contract Disputes
- Trademark Infringement Claims
- Shareholder Disputes
- Securities Litigation
- Breach of Fiduciary Duty Claims
- Real Estate Quiet Title Claims
- Real Estate Litigation and Title Insurance Claims
- Non-competition and Non-solicitation Agreements
- Securities Transactions
- Intellectual property concerns
- Environmental Claims
- Regulatory Actions
- Bankruptcy Proceedings
- Construction Claims
Firm attorneys pride themselves on their experience and sophistication in the commercial arena, particularly the successes they have achieved for a variety of clients. Recent representative matters include:
- Prosecution of “freeze-out” claims of a shareholder of a Dunkin’ Donuts franchise, resulting in a favorable verdict upheld by both the Massachusetts Appeals Court and Massachusetts Supreme Judicial Court.
- Prosecution of fraud claims in United States District Court involving a California Internet operation, resulting in an injunction and real estate attachment in Massachusetts that was upheld in the United States Court of Appeal for the First Circuit.
- Defense of a trustee of a business trust who signed certain promissory notes in his trustee capacity, but had judgments entered against him in his individual capacity. The suit was dismissed against our client and the judgments vacated.
- Defense of claims brought against a client regarding the building of a multi-million dollar landfill project in New Hampshire, resulting in dismissal.
- Defense of a domain name and service mark holder that provided on-line stock market information and financial services to investment professionals. The dispute involved claims of consumer confusion and trademark infringement in violation of the Lanham Act.
- Defense and eventual dismissal at summary judgment of $12 million Lanham Act (Trade Name Infringement) claims in Worcester Superior Court.
- Prosecution of claims for and eventual award of injunctive relief preventing trade mark infringement for the owner of the United States rights to the Electrolux brand, a leading international home appliance franchiser.
- Defense of claims of breach of non-competition agreements in an employment contract and violations of consumer protection statute.
- Prosecution of bond claims against a prime contractor of the Big Dig for failure to pay the firm’s client, a subcontractor on the project.
- Prosecution of claims involving the sale of a business and the breach of a business brokerage contract.
- Defense of real estate developer against breach of contract claims by subcontractor, resulting in defense verdict.
- Prosecution of claims arising out of a medical practice’s failure to provide patient names to a departing physician under the Massachusetts patient’s bill of rights statute.
- Defense and resolution of claims of United States Government against taxpayer who had allegedly conveyed property fraudulently to avoid tax liability.
- Defense and resolution of shareholder disputes in the United States District Court for the District of Massachusetts relating to the operation of a Central American medical university.
- Prosecution of claims against an Arizona debt collection company for its improper debt collection activities in Massachusetts, resulting in verdict for our client.
Practice Group Chair: Timothy J. Perry, tperry@pkjlaw.com
