Commercial Litigation Law
When the parties to a commercial transaction litigate, practical experience, sound thought, preparation and the best brief generally carry the day
Commercial litigation encompasses a wide array of disciplines that require an in-depth knowledge of dispute resolution and trial experience. We represent clients in traditional contract disputes and in the more complex areas of breach of fiduciary duty, unfair trade practices, partnership break-ups, antitrust, fraud, civil theft, franchise, trademark and patent infringement, false advertising, breach of employment and non-compete agreements, vexatious litigation and tortious interference claims. We utilize our extensive litigation knowledge and, when required, supplement that knowledge with assistance from other practice groups.
We represent clients in all areas of business litigation throughout Connecticut and have handled cases across the country, including Massachusetts, New York, Michigan, Ohio, Pennsylvania, Illinois and Texas.
Examples of the type of cases we have recently handled include:
We filed fraud, civil theft, and unfair trade practice claims on behalf of a local machine shop against a transnational automotive supplier in Connecticut Superior Court. After extensive discovery, the case settled just before trial.
The Firm represented a manufacturer of ground cover mulch in a trademark ownership and infringement action in federal court in Connecticut and succeeded in obtaining full rights to the trademark for the client.
Firm lawyers represented a medical device manufacturer in its false advertising claims under the Lanham Act against a competitor in federal court in Boston. The case eventually settled.
In federal court in Connecticut, we defended a manufacturer and distributor of industrial gases against a claim of breach of contract to purchase a plant and counterclaimed for specific performance of the purchase and sale agreement. The case eventually settled, and the client now owns the plant.
In federal court in Scranton, Pennsylvania, the Firm defended patent infringement claims related to mobile medical computer carts. We succeeded in invalidating some of the patent claims in Inter Partes Reviews before the U.S. Patent Trial and Appeal Board in Alexandria, Virginia, whose decisions were affirmed by the Federal Circuit. After the Federal Circuit affirmance, the district court case settled through mediation.
On behalf of certain shareholders in a closely held corporation, Firm attorneys filed an action in Connecticut Superior Court to dissolve the corporation, along with asserting derivative claims against other shareholders.
We sued in federal court in Connecticut to remove the General Manager and member of a limited liability company and to recoup funds. At the beginning of the case, we obtained a preliminary injunction granting our clients control of the company. After discovery, the parties entered into a stipulated judgment just before trial.
The Firm obtained a temporary restraining order and preliminary injunction prohibiting a competitor who had stolen our client’s intellectual property and trade secrets from attending the prime industry trade show for college admissions officers. The defendants then settled and agreed not to use the stolen information.
We acted as the lead trial and appellate counsel for the franchisees in Petereit v. S.B. Thomas, Inc., 853 F. Supp. 55 (D. Conn. 1993), aff ’d in part, rev’d in part, 63 F.3d 1162 (2d Cir. 1995), which made new law under the Connecticut Franchise Act and established a claim for constructive termination of a franchise.
Since then, we have advised and represented in litigation many other franchisees in various businesses and industries such as donut shops, truck engine construction and maintenance, payroll services, truck stops, home improvements, and pipe valves and fittings. We have also successfully defended a large manufacturer of Hispanic coffee against charges that a distributor was a franchisee.
We also represent lawyers, doctors and dentists in disputes arising out of the purchase or sale of their practices or with their professional partners. We often call upon the Firm's Business Law Practice Group for its expertise and insights into such professional practices.
John A. Acampora
James R. Byrne
Kerry R. Callahan
Brian C. Courtney
Richard M. Decrescenzo
Richard M. Dighello
Donald W. Doeg
Valerie M. Ferdon
Paul N. Gilmore
Evan S. Goldstein
Thomas A. Gugliotti
Brian C. Hoeing
John C. King
Christopher A. Klepps
Jesse A. Langer
Frank S. Marcucci
Adam B. Marks
Kevin J. McEleney
Richard S. Order
Alternative Dispute Resolution
Appellate & Complex Litigation
Bankruptcy & Creditors' Rights
Insurance Coverage and Defense Litigation
Mergers & Acquisitions
Product Liability & Toxic Torts
Property Valuations & Tax appeal
Restructuring & Workouts