Below are actual victories I secured for clients - both while prosecuting and defending against claims. This includes easily verifiable reported decisions and some more confidential matters.
I have represented and achieved success for clients in multiple ways. Sometimes just writing a letter that lets the other side know what my client wants and why the other options will be worse for them has secured a good result, while at other times more formal efforts - such as arbitration, administrative proceedings, or civil lawsuits, including victories via motions, at trial, and on appeal - have secured the wins.
My breadth of experience has allowed me to win cases involving: personal injury; dental malpractice; workplace injuries involving product liability claims; disputes between majority and minority shareholders over corporate governance and freeze-out issues; multiple employment law issues (details below); real estate development/sales/renovations; automotive and other warranty disputes; misrepresentations in the sale of goods and real estate; adverse possession/property line disputes; trade disparagement and defamation; and multiple other subjects arising in disputes within the business-to-business (B2B), consumer-to-business, and person-to-person contexts.
Below are some of the times I have secured a win for my client:
Employment Law
Failure to pay wages, Plaintiff, (Suffolk County, 2021): Used Wage Act lawsuit to secure triple damages and attorney fees in settlement for senior executive not timely paid his full compensation package after regime-change led to termination.
Failure to pay wages, Plaintiff: Used Wage Act and misclassification statute, and threat of potential class action, to secure full triple damages and attorney fees settlement in favor of dentist client against dental practice.
Failure to pay wages, Plaintiff: Pending representation of dentist clients in Wage Act case against dental practice that improperly withheld wages, failed to pay any share of post-termination collections for work performed by clients, under-reported amount of money collected from plaintiffs’ work, and made impermissible deductions from wages.
Failure to pay wages/misclassification of employees, Defense: Defended commercial cleaning business against Fair Labor Standards Act (FLSA) Federal Court case, secured early settlement below statutory mandated amount in case with few if any legitimate defenses and mandatory attorney fees for the plaintiffs.
Sexual harassment, Plaintiff: Represented waitress in an MCAD proceeding against restaurant and its owner/manager, who sexually assaulted her. Achieved settlement at client’s full demand amount by securing an attachment of real estate via fraudulent conveyance civil action, as immigrant owner had transferred assets to a trust for $1.00 and threatened to return to his European home rather than paying anything. Settlement achieved within a week of securing attachment.
Administrative defense in Wage Act/FLSA/misclassification matters: Secured favorable settlements in Massachusetts Attorney General enforcement proceeding against restaurant for misclassification and related civil offenses, and in U.S. Department of Labor enforcement action against granite fabricator.
Administrative/Wage Act defense: Defended biotech startup in former employee’s claim for allegedly unpaid wages, also assisting client in response to Mass. Attorney General inquiries about payment practices.
Defense: Have also assisted internet tech startup, limousine business, and other small employers in termination of disgruntled employees/negotiation of severance agreements for same.
Business Disputes & Business Divorces
Successfully represented businesses in disputes with other businesses, and businesses and their executives and corporate shareholders or LLC members in internal corporate disputes involving battles over corporate control, freeze-outs, and related internal disputes and other disputes that come with “business divorces”/dissolution.
Minority freeze-out/unfair valuation, 2018: Represented a Springfield-area national industrial product manufacturer/supplier and majority owner in defense of claim by minority owner of improper freeze-out/failure to pay wages. Obtained neutral valuation of business and negotiated buy-out of minority owner’s shares for approximately half of claimed value, allowing business to flourish without ongoing internal power struggle.
Minority freeze-out, 2014: Represented minority shareholder in Boston-based tech startup in sale of shares back to business, securing purchase price of more than double of initial offer by establishing objective evidence of higher value of overall business.
Minority freeze-out, 2021: Represented majority shareholder block of Delaware corporation in defense of founder/former CEO’s freeze-out allegations in two parallel civil cases - a derivative action and a Wage Act claim by former CEO. Defeated plaintiff’s motion for summary judgment (MSJ) in derivative action by showing lack of proof of unfair valuation of shares in majority’s debt conversion agreements over multiple rounds of financing. MSJ victory led to settlement that secured for clients rights in intellectual property needed to pursue business aims.
Minority freeze-out, LLC, 2014: Represented LLC/majority owner of professional services/marketing firm against minority claim for continued receipt of excessive wages or costly buy-out of minority membership interest. Via cancellation of all non-compete agreements, was able to close down business and allow majority member who had been doing the lion’s share of the work to bid for and ultimately secure continued business of all of the clients in new entity that no longer included the minority member of the dissolved LLC.
Intellectual property theft by former employee, defense (USDC Mass., 2020): Defended former employee of a multi-state staffing agency and his new business against claims of theft of intellectual property under Federal Defend Trade Secrets Act (18 U.S.C. s. 1836) and Massachusetts common law fraud, conversion, breach of fiduciary duty, and G.L. c. 93A, s. 11 (unfair and deceptive business practices) claims. Used mandatory disclosures and early discovery to establish evidence of weakness/bogus nature of claims, which in conjunction with counterclaims led to prompt dismissal of all claims at no cost to clients.
Tech Startup vested options dispute, 2020: Represented founder of 1 of 2 tech startups with shared offices and initial staff who had not been informed of equity event at sister startup and had not had his options included in payout to other option holders. Secured full option value before defendants filed an answer via aggressive civil lawsuit asserting breach of contract, implied covenant of good faith and fair dealing, fraudulent inducement, and Mass. Chapter 93A unfair and deceptive business practices claims.
Real estate & various other civil disputes
Real estate development, purchase and sale, shoddy construction/residential renovations (including two Boston roof deck cases), adverse possession/easements, commercial and residential development contracts/subcontracts, performance and payment bonds and liens, property management/personal injury - I have handled cases involving all of these real estate subjects and more, including obtaining success via trial and appeal.
Cance v. Carbone, 97 Mass. App. Ct. 1122 (2020): Secured victory for plaintiff via successful appeal of case involving client’s purchase of a South Boston condominium with a roof deck from the seller who was also the listing broker and puller of the permit for the new “roof deck.” Seller advertised condominium as having a completed roof deck, but trial evidence - including architect, structural engineer, and contractor testimony - established seller never obtained final approval of deck construction by City of Boston ISD and that deck as constructed did not comply with applicable building codes and could pose a safety hazard.
Barstow v. Eagle Trace Properties, Misc. 17-000274 (Land Court, 2019): Massachusetts Land Court trial and “Up on a Roof” decision (the judge has a musical touch) in case involving ownership dispute over condominium roof deck. Plaintiff’s claim of sole ownership of the roof defeated, as evidence established that client intended easement with facially defective written easement and sufficient evidence existed to also establish an implied easement.
Arch Ins. Co. v. Paruti, 2005 Westlaw 1476187, 2005 Mass. Super. LEXIS 240: Established inadvertent but accurate admissions of plaintiff at deposition and used them to obtain summary judgment against Chapter 176D Unfair Insurance Practices and fraud claims arising out of Chapter 21E cleanup of oil spill on Cape Cod.
Lopez v. Equity Management, 597 F.Supp.2d 189 (D. Mass. 2009): Secured summary judgment for property management company via legal memorandum concerning client’s lack of “retained control” over worksite where window washer suffered catastrophic injuries in a multi-story fall.
A SAMPLING OF WINS IN OTHER NON-REAL ESTATE SUBJECTS, INCLUDING WARRANTY LAW:
Reddy v. Hyundai Motor America (Middlesex Superior Ct., September 14, 2018 summary judgment). Secured dismissal of plaintiff’s case, including Chapter 93A (Mass. Consumer Protection Act) and breach of warranty claims, by revealing shortcomings of plaintiff’s expert report and expert qualifications and lack of any evidence of actual defect with vehicle.
Huang v. Rose Wang, DMD (Middlesex Superior Ct., 2018): Jury trial victory for plaintiff in dental malpractice action, securing substantial verdict in failed dental implants case by establishing malpractice via cross-examination of defendant and winning the battle of expert witnesses.
Jack-O-Lantern Spectacular, Inc. v. Usovicz, 2006 Westlaw 392921, 2006 Mass. Super. LEXIS 31. Obtained summary judgment on behalf of City of Salem, its mayor, and a city counselor against all claims – including breach of contract, fraud, Chapter 93A, and interference with contract – brought by Halloween show production company in lawsuit seeking over $100,000 in damages.
Western World Ins. Co., Inc. v. Williams Building Company, Inc. et al., 2011 U.S. Dist. LEXIS 64183 (D. MA June 15, 2011). In construction accident insurance coverage dispute, drafted opposition to motion to dismiss counterclaim that helped overturn entry of default judgment against additional insured client that was improperly based on default of original insured.
Ricci-Munn v. Hyundai Motor America, . et al., Gloucester Dist. Ct. No. 1239 CV 198 (2013). Obtained summary judgment for manufacturer and dealership against warranty and related consumer claims by showing expert testimony was inadequate to establish any cause for vehicle problems other than driver error.
Musi v. Gloucester Boat Building Co., 2013 Mass. App. Div. 18. Used appeal to reverse trial court's denial of motion for relief from judgment (and imposition of attorney fees) in case involving a four-year-old judgment against client, an LLC client that was never properly sued but was being asked to pay a nearly $100,000 judgment for actions of related entity that predated its existence.
Mass. Dep't of Industrial Accidents v. Baseball All-Stars, LLC, Suffolk Superior Ct., 2013. Obtained dismissal of state agency's effort to recover from manager of LLC workers' compensation benefits agency had paid for injured employee where the LLC lacked workers' compensation insurance. Prevailed by establishing manager is not an "employer" under applicable statute and otherwise owed no personal duty to obtain workers' compensation insurance or reimburse DIA for its payments to former employee.
Carroll v. Stop Shop, (Plymouth Superior Ct., Brockton Division, August 18, 2005). Secured jury trial victory for defendant by credibility-damaging cross examination of plaintiff and overcoming plaintiff true argument (permitted under old Massachusetts procedure) that a jury had already found in favor of plaintiff in the same case at the District Court level (as was tried by prior counsel for the defendant).