Representative Matters

Representative Matters: Litigation

  • Prevailed in a 3+ week arbitration matter in San Diego, California, in a case involving $10-15 million in claimed damages. sued our client, Criterium Engineers for $8-10 million for breach of contract and other related intellectual property claims. Criterium Engineers' counterclaim sought approximately $1.9 million for services rendered, plus interest, costs and attorney's fees. The arbitrator ruled in favor of Criterium Engineers on all counts and awarded Criterium Engineers $3.6+ million in damages. recovered nothing.
  • Simultaneously obtained judgment in excess of $1-2+ million in favor of a national commercial product distributor against four regional retail distribution outlets in several New England States; and permanent restraining orders prohibiting the retail outlets from using the distributors federally registered trademarks.
  • Successfully resolved a construction litigation dispute by assisting a client in overturning an initial attachment order of $2.3 million and related jury trial demand and resolution of the claim without payment of any money from our client to the claimant.
  • Obtained a $1.1 million judgment for our client Kate’s Homemade Butter after a 1+ week jury trial, appeal to the Maine Supreme Court and remand to the Maine Superior Court for further findings of fact and conclusions of law.  The case involved a commercial construction dispute involving the negligent design, manufacturing and installation of SIP roof panels and related issues against a Rhode Island based manufacturing company called Branch River Plastics.
  • Successfully defended a several million dollar claim in a 1+ week bench trial in Maine Probate Court arising out of the ownership of an automobile franchise and related real estate holdings.
  • Successfully defended a client against a multi-million claim related to damages arising from the collapse of a crane on four residential buildings near commercial construction project.
  • Won summary judgment on behalf of a Maine corporation defeating a $1.4+ million claim arising out of the sale and distribution of a nursery home and related real estate.
  • Obtained a $750,000 non-dischargeable judgment in a commercial contract dispute involving the sale of commercial vehicles.
  • Obtained a several hundred thousand dollar judgment arising out of the fraudulent distribution of estate assets.
  • 2nd chaired an $8,000,000.00 jury verdict against Bank of America (formerly Fleet National Bank) for financial planning malpractice.

Representative Matters: Franchise & Business

  • Successfully defended a multi-million dollar claim arising out of the ownership of an automobile franchise and related real estate holdings.
  • Successfully defended and prosecuted dozens of claims on behalf of franchisors to enforce their contractual, intellectual property and post termination rights against existing former franchisees.
  • Assisted publicly traded company with franchise due diligence associated with purchasing the 300+ unit Oregon-based franchising system and post-purchase regulatory representation.
  • Assisted numerous franchise businesses with expanding their operations on regional, national and international level, including the creation of franchise, area development, joint venture and related agreements as well as state and federal regulatory compliance.
  • Assists numerous entrepreneurs in all phases of starting, growing and operating small businesses and related investment opportunities.