Business Litigation

Some of Murtha Cullina's largest matters have been breach of contract cases. Most businesses transact their business by contract, and with the application of the economic loss doctrine and the language in many contracts that eliminates tort liability, we have stripped away the tort claims so that the litigation has been all about the contract. If we represent the plaintiff in these cases, we do what we can at the outset to get injunctive relief and prejudgment remedies to protect our client's interest. If we represent the defendant, we try to block that type of relief. Our lawyers are well-versed in the Uniform Commercial Code, particularly Articles 2 and 9. Contract disputes often involve an arbitration clause, and if it is advantageous to our client to resolve the dispute in arbitration, we pursue relief in that forum.

In the franchise and distribution area, we serve many clients, including several Fortune 500 manufacturing companies with worldwide distribution outlets. Over the years, the Firm has developed a depth of experience in handling unfair termination, franchise infringement, misrepresentation, interference with contractual relations and breach of the covenant of good faith and fair dealing claims. We have achieved a high level of success in both opposing and obtaining injunctive relief at the outset of litigation. This frequently has resulted in the expedited resolution of these matters and significant cost savings to the client. If needed, we see these cases through trial and appeal.

We have prosecuted breach of contract suits and other actions to collect millions of dollars on behalf of our creditor clients. We have taken steps at the outset of that litigation, such as obtaining prejudgment remedies in our Connecticut cases, to protect our clients' interests early. Similarly, our efforts do not stop when we obtain a judgment. We have experience in all aspects of post-judgment collection activity.

It is increasingly common for parties to business disputes to add a claim for unfair trade practices under state law or RICO. These statutes are among the few vehicles that parties can use to win attorneys' fees and punitive damages in New England states. We have extensive experience in both prosecuting and defending these claims. For example, we regularly defend clients in a wide range of industries in actions alleging violations of Massachusetts G.L. c. 93A, which prohibits unfair or deceptive acts or practices and unfair methods of competition. Claims under c. 93A are included in almost every consumer action and business to business tort action, because this statute provides for claims both by consumers (Section 9) and those engaged in trade or commerce (section 11) and permits recovery of attorneys fees and multiple damages.

Our trial lawyers are committed to providing cost-effective solutions to the legal problems affecting our clients' businesses. We have learned that understanding the client's business and the impact of the litigation on that business is critical to achieving the client's goals. We work with our clients early in the relationship to assess risks and opportunities arising from a dispute or litigation and to establish realistic goals and meaningful budgets. We believe that what distinguishes us from other firms is our ability to counsel business clients before the onset of litigation and to craft solutions to potentially serious problems. We also frequently bring suit on behalf of our business clients to recover assets and to enjoin infringements of their rights.