Business Litigation

• Successful defense of national lending institution against allegations of violations of New Hampshire consumer protection act, lending disclosure statutes, and Uniform Commercial Code relating to the disposition of collateral, including bench trial and defense of appeal at the New Hampshire Supreme Court.

• Represented minority shareholder in closely held business in claims of freeze out and violation of fiduciary duty, resulting in favorable settlement to purchase corporate interest.

• Representation of business to recoup losses from embezzlement of former bookkeeper.

• Representation of financial institution in creating and prosecuting collection strategy against allegedly insolvent judgment debtor, including tracing of asset transfers and income streams through over twenty nominee trusts and shell corporations, and uncovering scheme to conceal asset value utilizing fabricated encumbrances, resulting in attachment of over $4M in assets and summary judgment on fraudulent transfer and constructive trust allegations.

• Defense of claims for breach of contract, breach of fiduciary duty, and violations of uniform trade secrets act brought by prior employer of principals in business start-up, resulting in favorable settlement.

• Representation of principal of business start-up with regard to cross-claims based upon non-compete agreements, resulting in sharing agreement.

• Prosecution of claims on behalf of business against former employees, alleging breach of non-compete, confidentiality, and non-solicitation agreements, violation of uniform trade secrets act, and violation of trademark law.

• Defense of business in breach of contract claim, based upon contract including liquidated damages and auto-renewal provisions.

Real Estate Litigation

• Multiple cases involving the allowed uses on a common beach lot shared by back-lot owners, including recreational uses and dockage rights.

• Successful defense against claim to enjoin commercial use of allegedly abandoned historic right of way through residential property, including bench trial.

• Successful prosecution of claim that commercial signage fell outside of local land regulation, including successful appeal to New Hampshire Supreme Court.

• Representation of condominium association against developer related to ongoing payments for septic density.

• Representation of homeowners against homeowners association in claims seeking to invalidate changes to Association outside original grant of rights found in Declaration of Restrictions and deeds.

• Representation of homeowners association seeking to enforce Restrictive Covenants, resulting in favorable verdict after trial.

Probate Litigation

• Represented executor of estate against claims seeking to void last will and testament based upon claims of undue influence and lack of testamentary capacity.

• Represented multiple legal heirs seeking to void last will and testament on basis of lack of testamentary capacity and undue influence.

Consumer/Civil Rights/Class Action

• Prosecution of certified class action litigation seeking recovery on behalf of nationwide class of institutional victims of $4.2M Ponzi scheme involving fraudulent certificates of deposit and orchestrated by employee of thrift, including coordination with Federal investigators and prosecutors, resulting in favorable class settlement.

• Representation of fifteen victims of estimated $100M Ponzi scheme which involved the sale of interests in overvalued and nonexistent real estate projects and in mortgage backed promissory notes.

• Prosecution of certified class action on behalf of an estimated 10,000 retail merchants against international credit card processing companies alleging breach of contract, fraud and civil RICO violations. Successfully briefed and argued opposition to motion to dismiss RICO allegations and motion to certify class, resulting in favorable class settlement.

• Ongoing prosecution of partially certified class action of victims related to knowing contamination of public water system with uranium tainted water by private water company.

• Prosecution of wrongful death action against Federal Bureau of Investigation alleging constitutional rights violations in the handling of James “Whitey” Bulger as a confidential informant, conducting discovery on behalf of plaintiffs in fifteen consolidated civil cases.

• Successful defense of residential foreclosure action based upon allegations of “robo-signing” of foreclosure documents and other bad faith in foreclosure process, resulting in favorable settlement.

Employment Law

• Represented employee in Age Discrimination in Employment Act and wrongful termination claims, resulting in successful settlement.

• Represented employee in defense of non-compete agreement prosecution, resulting in summary judgment striking down entirety of restrictive employment agreement.

• Represented multiple employees in defense of non-compete agreement prosecutions, resulting in favorable settlement with reduced restrictions on business activities, in health care and technology business areas.

• Defended former employees who created new competing business in similar trade space against trade secret and work product misappropriation allegations, resulting in dismissal of claims and favorable settlement allowing business to continue.

• Defended employee in sexual harassment internal investigation, resulting in dismissal of all charges with no adverse employment action.