Business Litigation

Conn Kavanaugh’s Business Litigation practice group offers the experience of seasoned lawyers who recognize the value of solving problems in a manner that promotes success for the client’s business. Firm leaders are thoughtful about how cases are staffed, devoting resources commensurate with the case. Leaner staffing results in greater passion and responsibility, driving great results with cost-effective representation.

Sometimes the best solution is aggressive litigation. In others, an early, creative business resolution or defense is preferable. In all cases, the firm’s attorneys listen carefully to clients’ business objectives and offer realistic options to meet their goals. In and out of the courtroom, we work toward practical resolutions.

Our attorneys provide skilled and experienced representation to Fortune 500 companies as well as to smaller businesses, sole proprietorships, individuals, and professionals who are faced with the need to bring or defend a business claim. Our Business Litigation practice includes clients in high tech, health care, financial services, 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, trade secret claims, insurance coverage issues, and other business-related disputes.

Extensive trial experience in state and federal courts and before arbitration panels enables our attorneys to offer our clients aggressive and efficient representation at a reasonable cost.

Representative Matters

Represented a law firm in obtaining a jury verdict against six departing partners who converted the firm’s property to start a competing firm
Obtained jury verdict of $2 million+ for firm client for breach of stock redemption agreement involving a closely held corporation.
Defended a software company against customers asserting breach of a Software as a Service (“SaaS”) contract and other business tort claims
Represented the minority shareholder who had been frozen out of a family-owned business.
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 Massachusetts Superior Court on client’s Chapter 93A claims for breach of consulting agreement.
Obtained summary judgment dismissing investment bank’s claim seeking to recover a $1 million+ brokerage fee on client’s M&A transaction.
Obtained Chapter 93A award of multiple damages and attorneys’ fees on behalf of packaging distributor following six-day trial.
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 client whose two senior executives left to join a direct competitor in violation of non-competition agreements, obtained a preliminary injunction preventing the executives from working for the competitor for one year, negotiated a settlement shortly after receipt of the court order, and recovered substantially all attorneys’ fees for the client.
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.

Extensive trial experience in state and federal courts and before arbitration panels enables our attorneys to offer our clients aggressive and efficient representation at a reasonable cost.

Representative Matters

Represented a law firm in obtaining a jury verdict against six departing partners who converted the firm’s property to start a competing firm
Obtained jury verdict of $2 million+ for firm client for breach of stock redemption agreement involving a closely held corporation.
Defended a software company against customers asserting breach of a Software as a Service (“SaaS”) contract and other business tort claims
Represented the minority shareholder who had been frozen out of a family-owned business.
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 Massachusetts Superior Court on client’s Chapter 93A claims for breach of consulting agreement.
Obtained summary judgment dismissing investment bank’s claim seeking to recover a $1 million+ brokerage fee on client’s M&A transaction.
Obtained Chapter 93A award of multiple damages and attorneys’ fees on behalf of packaging distributor following six-day trial.
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 client whose two senior executives left to join a direct competitor in violation of non-competition agreements, obtained a preliminary injunction preventing the executives from working for the competitor for one year, negotiated a settlement shortly after receipt of the court order, and recovered substantially all attorneys’ fees for the client.
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.

Business Litigation

Primary Contact Attorneys

Kurt B. Fliegauf

Thomas J. Gallitano