Business Disputes

  • In October of 2016, favorably resolved a claim by a national bank against a real estate trust in Harvard, MA whose former trustee had drawn on a line of credit without the assent of the beneficiaries to the trust. The lender commenced an action to recover a large amount of money lent to the trust following the sole trustee’s death.  However, it was discovered after the trustee’s death that someone had forged the signatures of the beneficiaries on the loan documents that authorized the loan.  Moreover, the money loaned was never used for the benefit of the trust.  Santander Bank, N.A. v. Thirty-Six Ayer Road Trust, Suffolk Superior Court, Docket No. 1584CV01472 (Giles, J.)
  • In August of 2016, negotiated a reasonable settlement on behalf of an employee sued by his former employer for breach of an employment agreement. The employer was able to secure injunctive relief, and then pursued its claim for monetary damages including the recovery of contractually recoverable attorney fees.  Confidential, Middlesex Superior Court, (Miller, J.)
  • In April of 2016, recovered a substantial consumer payment for a retail flooring company that was incorrectly accounted for and not properly applied by the credit card processing company, leading to a windfall for the backing bank. After a few months of review, the bank finally completed a forensic accounting and located the missing funds and refunded the flooring company.  J. Rose Flooring, Inc. v. Mercantil Commercebank, N.A., Woburn District Court.
  • In December of 2015, negotiated a $95,000.00 settlement on behalf of an information technology specialist, P&S Tech Solutions, LLC, who had been hired to assist another information technology company complete a project for a well-known local corporation. The latter company opted to not pay P&S Tech claiming that it was relieved of its obligation to pay its vendors because its own customer failed to make payment in full.  However, the hiring IT company’s CEO admitted that it never had a contract in place and therefore there was no valid pay-when-paid condition.  P&S Tech Solutions Inc.  TriCore Solutions, LLC, Essex Superior Court, Docket No. ESCV2014-00315 (Lang, J.)
  • In June of 2015, successfully defended an individual in a claim for money damages arising out of a bartering arrangement brought by a business in Sudbury, MA. North Gate Farm v. Clark, Framingham District Court, Docket No. 1449CV000335. (Stoddard, J.)
  • In March of 2014, obtained a favorable decision for a corporate client who was subjected to an improper wage claim brought by an individual who was an incorporated independent contractor as opposed to a former employee. In Re: Hambrick, Texas Workforce Commission, Determination No. 000484011.
  • In January of 2014, secured a Judgment on behalf of an individual who provided a substantial amount of private financing to another individual for the purpose of promoting a Brazilian soccer match at Gillette Stadium that ultimately did not occur. Alibrandi v. Magela, Worcester Superior Court, WOCV2013-01778 (Gordon, J.).
  • In November of 2007, successfully secured a Judgment ultimately worth in excess of $100,000.00 on behalf of an Indiana manufacturer against an e-commerce retailer from Massachusetts. Courterco, Inc. v. Concept One Remodeling Inc. d/b/a Knobby Kneeds, MICV2007-02328, Middlesex Superior Court, (MacLeod-Mancuso, J.).
  • In September of 2006, Final Judgment for approximately $250,000.00 entered after successfully litigating a contract action on behalf of a large telecommunication service carrier in the Superior Court, and then successfully defeating an appeal of that action on the issue of the enforceability of a contractual arbitration clause. iBasis, Inc. v. Macro Communications, Inc.; Suffolk Superior Court, SUCV2004-04047 (Staffier-Holz, J.); Appeals Court, 2004-P-1263.