Sometimes the best solution for your business is aggressive litigation; in others, an early, creative business resolution or defense is preferable. In all cases, our attorneys listen carefully to your business objectives and offer realistic alternatives to meet your goals. In and out of the courtroom, we work to bring practical resolutions to our clients’ business problems. We provide legal support for you to meet your objectives.
We provide skilled and experienced representation to Fortune 500 companies as well as to smaller businesses, sole proprietorships, individuals, and professionals faced with the need to bring or defend a business claim. Our Business Litigation practice reflects the breadth of our client base, which includes clients in the high technology, insurance, manufacturing, real estate, construction, retail, and professional services industries. We handle complex contract disputes, breach of fiduciary duty claims, unfair business and trade practice claims, insurance coverage issues, and other business-related disputes.
Whether initiating or defending an action, Conn Kavanaugh has confidence backed by a record of successful experience in protecting the rights and interests of its clients in business litigation. Our attorneys have extensive trial experience in state and federal courts and before arbitration panels. We are dedicated to using this experience for the aggressive, efficient, and cost-effective representation of our clients.
- Represented a law firm against six departing partners who converted the firm’s property to start a competing firm.
- Represented the 50% owner of a closely held business against his partner concerning allegations of conversion and breach of contract.
- Represented a software company against customers asserting breach of a Software as a Service (“SaaS”) contract and other business tort claims.
- Represented the minority shareholder of a family-owned business that had been frozen out of the company.
- Obtained a Middlesex Superior Court verdict for two dentists who performed a scientific study based on alleged false representations of the defendant. The jury deliberated for approximately one hour before awarding the firm’s clients the full amount sought and then doubling the award under chapter 93A (unfair business practices). The Court further awarded attorneys’ fees and costs.
- Represented a minority shareholder in a derivative action under Delaware law alleging claims against the majority shareholder for breach of fiduciary duties. After a two-week trial, the court ordered the majority shareholder to issue a significant dividend and to credit the corporation for excessive interest charges on loans.
- Obtained jury verdict of $1 million + in multiple damages and attorneys’ fees following seven-day trial in Business Litigation Session of Massachusetts Superior Court on client’s Chapter 93A claims for breach of consulting agreement. Served as lead trial counsel. NTV Management, LLC v. Lightship Global Ventures, 484 Mass. 235 (2020).
- Obtained summary judgment dismissing investment bank’s claim seeking to recover a $1 million + brokerage fee on client’s M&A transaction. EdgePoint Capital Holdings, LLC v. Apothecare Pharmacy, LLC, 2020 WL 4583838 (D. Mass. 2020).
- Obtained jury verdict of $ 2 million + for firm client for breach of stock redemption agreement involving closely-held corporation. Served as second chair in three-week jury trial in Superior Court.
- Obtained Chapter 93A award of multiple damages and attorneys’ fees on behalf of packaging distributor following six-day Superior Court trial. Served as lead trial counsel.
- Defended health care foundation in class action arising from a church retirement plan that was placed into receivership.
- Represented clients in multiple disputes involving closely-held businesses, “freeze out” allegations and breaches of fiduciary duty.
- Served as local counsel to large national law firms in defense of class action and qui tam cases.
- Represented a company when two senior executives left to join a direct competitor, in violation of non-competition agreements, and succeeded in obtaining a preliminary injunction preventing the executives from working for the competitor for one year. This matter settled shortly after receipt of the court order, and the client recovered substantially all of its attorneys’ fees.
- Defended a start-up manufacturer and its founder against claims of trade secret violations, and succeeded in obtaining dismissal of all claims prior to trial without payment.
- Obtained substantial arbitration award for venture capital firm against a prime brokerage firm for unauthorized sale of shares held in a margin account.
- Successfully represented software company in connection with breach of contract, fiduciary duty, and related claims, where one of the company’s customers had refused to reimburse the company for strategic business planning advice and services.