Litigation

Name: Davis Malm & D’Agostine, P.C.
Address: One Boston Place., Boston, MA, 02108, United States
Telephone: +16173672500

Business Litigation

Our litigators work closely with clients to reduce or eliminate litigation risks, and their efforts regularly achieve bottom-line results. When litigation is unavoidable, our business litigators bring experience and creativity to trying matters across virtually all industry sectors for clients big and small – from individuals to Fortune 100 companies.

Our team has extensive knowledge in prosecuting and defending:

contract issues
stockholder and partner disputes
business torts
trade practice issues
corporate governance matters
franchise law issues
tax issues
compensation and benefits matters
disputes arising from business acquisitions and dispositions
intellectual property matters

LITIGATION PRACTICE AREAS

Results

Sometimes outnumbered, never outmaneuvered.

Successfully represented a regional paper and cardboard processing business in a jury trial in federal district court in obtaining more than $10MM in damages for breach of contract (approximately $20MM with prejudgment interest).
Obtained multiple victories for family members of a supermarket chain involved in one of the longest-running disputes in Massachusetts, including obtaining a $900MM award and establishing new law in the areas of fiduciary duties and derivative claims.
Successfully prosecuted a Chapter 93A action (unfair and deceptive practices), obtaining a $7.4MM judgment against the president of a contracting firm who participated in fraudulent activity against our client, a real estate development firm. Read more.
Represented two partners of dissolved accounting firm in arbitration proceeding for breach of partnership agreement and breach of fiduciary duty committed by a third partner. Matter resulted in an award of approximately $500,000 in damages and attorney’s fees and costs to the two partners.
Represented a national developer of human resources management software systems in successfully defending products liability/contract claims arising under software licensing and implementation agreements.
Obtained the reversal of a copyright infringement verdict in the U.S. Court of Appeals, setting precedent on apportionment of profits in copyright infringement cases.
Obtained for a former officer of a Boston investment banking firm outright dismissal of a federal court action alleging fraud and breach of fiduciary duty. Read more.
Obtained a $6MM jury verdict in the Supreme Court of Delaware prosecuting an environmental indemnification claim.