Experience and Client Successes in Litigation, Business, & Employment

Experience and Client Successes in Litigation, Business, Employment

Businesses

For Success, Experience Counts

For a manufacturing firm, handled corporate set-up, employment handbook, other employment documents, advised on terminations, non-disclosure confidentiality agreements, preparing for sale of company,
Set up and maintain LLC and operating agreement for importer client with Hong Kong partner and time handle asset sale
Set up S Corp for entertainment corporation franchisee and then negotiated favorable 5 year commercial lease with options to renew for 15,000 square feet of space, with cap on liability under tenant’s personal guarantee to landlord, represent for asset sale
Completed stock purchase agreement for acquisition of an energy management co. by South Shore commercial heating OEM client
Advising / review physician becoming a partner in multi-physician practice in two entities the Limited Liability Partnership LLP for the practice and the LLC for Service business
Represented North Shore tool manufacturing company in asset purchase from CooperTools and later closed on a successful asset sale agreement of the company when owners retired.
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 QTIP Trust, other docs, numerous corporate matters,
Represented High Tech/Software Companies and funding Venture Capital firms in stock purchases of start-up companies
Advised and completed sale of chain of retail stores with corporate, retail, 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.

Employment

Selected Successful Efforts &Settlements

Helped a Vice President of Marketing when employment contract issues came up, and negotiated an excellent settlement
Helped a department manager in a high tech field under a Personal Improvement Plan and negotiated a satisfactory settlement.
Advised manager in a retail business of FMLA issues, prepared a settlement letter, discrimination claim with MCAD and negotiated a good settlement
Achieved settlement with Verizon in unusual employment sexual preference discrimination claim due to homosexual name calling and harassment of straight employee – supervisor’s overlooking discrimination
Advised business client employing Canadian senior executive on contract terms, drafting independent contractor agreement
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