Client Successes

Experience and Client Successes in Litigation, Business, Employment

Businesses

For Success, Experience Counts

  • For a manufacturing firm, handled corporate set-up, employment handbook,  Non-Disclosure Confidentiality Agreements, preparing for sale of company
  • Advised start-up company on various issues concerning business and legal issues, including avoidance of liability and review of contracts
  • Set up LLC and operating agreement for client with Hong Kong partner and working with accounting firm for tax advice.
  • Negotiations for asset sale for North Shore software firm
  • Set up S Corp for entertainment corporation and then negotiated favorable 5 year commercial lease with option to renew for 15,000 square feet of space
  • Set up company and negotiated lease in Peabody commercial space and with cap on liability under tenant’s personal guarantee to landlord
  • Completed stock purchase agreement for acquisition of an energy management co. by South Shore commercial heating OEM client
  • Advising physician – employee becoming partner in multi-physician practice in two entities the Limited Liability Partnership LLP for the practice and the LLC
  • Represented North Shore tool manufacturing company in asset purchase from CooperTools and later closed on a successful asset sale agreement of the company when business matured
  • Developed and orchestrated succession plan for CEO of Corp. and sale of stock partially funded by life insurance pursuant to stock purchase agreement upon demise of CEO and prepared Q
  • Represented High Tech/Software Companies and venture capital firms in stock purchases of start-up companies
  • Advised and completed sale of chain of retail stores with corporate and commercial real estate issues.
  • Negotiated tough renewal terms for option to buy, resulting in large corporation’s promptly buying charitable educational client’s commercial property.
  • Handled all aspects of franchise Monkey Joe’s incorporation, very favorable lease negotiation of 15,000 sq ft retail space, and related business and corporate work.
  • Handled Superior Court claim for a Brooklyn, NY firm to settlement.

Employment

Selected Successful Efforts &Settlements

  • Helped a Vice President of Marketing when contract issues came up, cited breach of provisions that included language about her duties and negotiated a settlement agreement for a good part of her salary
  • Helped a department manager in a high tech field under a Personal Improvement and wrote a demand letter and negotiated a satisfactory settlement.
  • Advised manager in a retail business of steps to take, FMLA issues, prepared a settlement letter, discrimination claim with MCAD and negotiated a good settlement
  • Advised business clients in successful ways to document pretermination employment issues and avoid discrimination claims
  • Achieved settlement with Verizon in unusual employment sexual preference discrimination claim due to homosexual name calling and harassment of straight employee due to supervisor’s overlooking discrimination
  • Advised business client employing Canadian senior executive on contract terms, drafting independent contractor agreement under 2004 Massachusetts Independent Contractor Statute, including issues of confidentiality, non-disclosure, and immigration issues
  • Advised Software Company serving Publishing Industry about Employment and Independent Contractor Agreements, including Confidentiality, Trade Secret Non-Disclosure, and Non-Competition Provisions
  • Obtained excellent settlement pre-lawsuit for high level manager in initially consensual love affair with CEO
  • Achieved very good settlement in handicap/disability discrimination case of software engineer against Internet co. – key to settlement – tough series of depositions.
  • Achieved favorable settlement in sex discrimination claim for pregnant woman based on  investigation and a detailed demand letter.
  • Achieved one of the best settlements according to company legal counsel in age discrimination/ breach of contract case brought by insurance co. executive
  • Successfully negotiated almost one year’s pay and attorney’s fees severance settlement for an Assistant Treasurer of Religious Denomination in whistle-blowing/age discrimination claim

Litigation

A Tough Fighter More Often Gets Results

  • Won motion for summary judgment in Superior Court on breach of fiduciary duty claim and interference with contract claim in case involving rights of minority/majority shareholders in closely held corporation – employment contract and obtained settlement on favorable terms, the amount sought in value of stock
  • Settled very favorably for client Boston lawyer trustee a Gloucester subdivision appeal in Land Court through skillful use of engineer’s affidavit in motion for summary judgment
  • After obtaining some favorable language from Probate Court judge in denial of motion for summary judgment about the language in a will and trust, got settlement avoiding trial, with largest amount of multi- acre parcel on Ipswich River in Middleton going to client
  • After trial before a Master, obtained a finding of loss of income on rental property in Derry N.H. about $50,000 in double damages under claims of fraud/G. L. Ch. 93A, and Attorney’s fees in the amount of $32, 000 upheld by Superior Court.
  • Obtained good securities fraud settlement in mediation for inappropriate retirement investments by brokerage firm – key to success – mediator said was our procedural strategy in filing in Superior Court before mediation
  • Pending Land Court decision in case for Adverse Possession after 2 day trial involving Tide Rock property in Gloucester with claims of rights of access to ocean front and right of easement by prescription – claim based on beach rights cases
  • In an unusual securities fraud case against major brokerage house involving lack of suitable investment advice obtained an excellent pre-trial offer
  • Expedited lawsuit and discovery for Client Corporation and 3 day Superior Court trial for order of sale of a Motel for $2 million, with six weeks from commencement to trial. Outcome: Client able to purchase Motel on favorable terms
  • Represented citizens group in Superior Court to enforce Ipswich zoning law in Superior Court against McDonald’s Corp., represented by large Boston firm, defeating it.
  • Obtained excellent pre-trial settlement for Topsfield client for land taking of 100-lot subdivision by Salem-Beverly Water Bd. for a future reservoir off Route 1. Key to eminent domain case – expert witness preparation and use of report