Experience and Client Successes in Litigation, Business, Employment

Businesses – For Success – Experience Counts

• 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.
• Represented High Tech/Software Companies and venture capital firms in stock purchases of start-up companies
• 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 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.
• Negotiated lease terms for retail space with unusual issues.

Employment – Some Successful Settlements

• Advised business clients in successful ways to document pre-termination 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 complete investigation and 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