Business Litigation and Advice

Clements & Pineault attorneys have successfully represented a broad array of clients, including Fortune 500 companies, large non-profit and educational institutions, small businesses, and individuals, in a wide range of business and other complex civil matters. Our experience encompasses the full spectrum of commercial and contractual disputes; claims of unfair and deceptive business practices; insurance disputes; intellectual property disputes; employment and shareholder disputes; and environmental matters. With this depth and breadth of experience, we are well positioned to help our clients achieve their business objectives through negotiation before the onset of litigation and, where necessary, through litigation. Clements & Pineault attorneys have handled such civil matters as the following:

COMMERCIAL LITIGATION AND DISPUTES:

Defense of major health care manufacturer in federal and state courts on alleged multi-million dollar claims for breach of warranty, violation of stock purchase agreement, misrepresentation, fraud, and unfair and deceptive practices;

Representation of energy services holding company in state court action against international business conglomerate for claims arising out of sale of energy company;

Defense of major office retail chain in federal district court in connection with multi-million dollar claims arising out of alleged unlawful assignment of invoices;

Representation of minority shareholder of telecommunications company in action for breach of shareholder purchase agreement;

Defense of international technology company in federal district court in connection with alleged breach of royalty and distribution agreement;

Defense of international manufacturing company in federal action by distributor alleging antitrust violations, unfair competition, and breach of distributor agreements;

SHAREHOLDER AND EMPLOYEE DISPUTES:

Representation of shareholders, corporations, officers and employees in negotiation and litigation involving employment and shareholder agreements, severance issues, shareholder buyouts, breach of fiduciary duty, non-compete agreements, compensation, and other issues relating to formation and termination of employment and shareholder relationships;

Defense of breach of contract, wrongful termination, discrimination and civil rights, tort, and related claims arising out of the termination of employment relationships;

INTELLECTUAL PROPERTY AND TECHNOLOGY:

Defense of international software manufacturer and distributor in federal district court action alleging $25 million claims for copyright infringement and license agreement violations;

Prosecution of federal court action on behalf of software development company against former employee for copyright infringement, misappropriation of intellectual property and related claims;

Defense of advertising company in prosecution of federal district court Lanham Act claim;

INSURANCE LITIGATION AND DISPUTES:

Representation of non-profit in connection with claims for subrogation, contribution, and related claims arising out of commercial coverage for damage to businesses and premises;

Representation of broker on claims of breach of contract and professional negligence;

Defense of life insurance company in federal district court securities class action;

Representation of health insurer in connection with Attorney General’s Office investigation into alleged misleading pharmacy reimbursement practices;

ENVIRONMENTAL LITIGATION:

Defense of corporation in federal and state courts on multi-million dollar claims under the state superfund statute, Chapter 21E, for alleged oil and hazardous materials contamination of industrial property;

Defense of corporation in federal court for alleged failure to remove hazardous materials in commercial building;

PROFESSIONAL LIABILITY:

Defense of claims alleging legal malpractice, arising out of legal work performed in connection with complex commercial transactions;

CIVIL RIGHTS:

National civil rights enforcement action under the Americans with Disabilities Act (“ADA”) challenging adequacy of wheelchair seating areas in stadium-style movie theaters;

Investigations involving ADA accessibility issues in public accommodations;

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