Litigation

• Represented a German national against a biomedical company in a stock-repurchase agreement dispute where they received more than $500,000 shortly after filing their complaint in the state court
• Successful federal court litigation of contract and 93A claims for an engineering and manufacturing company against a medical device company
• Pursued arbitration claims against a contractor for 93A and breach of contract with the tribunal awarding the client monies and attorney’s fees
• Represented contractor owed monies which settled favorably shortly after the start of the trial
• Represented employee in an OEM fraud case involving the client’s employer university
• Vacated a criminal conviction for honest services scheme based on an unlawful conviction
• Received a not guilty verdict from the jury for the client based on the ex-spouse’s allegations of assault and battery

Civil Litigation

Not all civil litigation matters result in filing a lawsuit, known as a complaint, which sets forth the causes of action, also known as counts. An important decision is where to file the case.  Deciding where to file, be it federal or state, including what court or before an arbitration tribunal, is a critical step. Discovery is also a crucial part of litigation. It is the process where parties before trial use the legal rules and courts to obtain evidence from the other party or third parties, i.e., parties not named as a party in the lawsuit. Discovery may include depositions, subpoenas for testimony and/or documents, and written discovery requests.

Criminal Litigation

With criminal litigation, the nature of the alleged crime dictates whether there will be a criminal complaint, information, or an indictment. A civilian, the police, or a District Attorney’s office may initiate a complaint if they allege sufficient probable cause. An indictment is for any crime punishable in state prison and must be issued by a grand jury. An information is when a defendant waives the indictment. When possible, it is optimal to seek to block the criminal complaint or indictment from being issued in the first instance.

Trial and Appeals

Most litigation never makes it to trial. There are bench trials, which are before a judge, or jury trials, which are before 6-12 people, depending on the court. The decision becomes final following the trial unless the litigants pursue an appeal challenging the trial court’s decision based on an error of law or fact to a higher court.