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Business Litigation

Experience

We were retained as lead counsel for a class of 500 insurance companies in litigation against AIG and its affiliates where damages sought are in excess of $1 billion in relation to premiums on workers compensation insurance policies.
We successfully defended an investment bank in an arbitration brought by 42 former employees seeking more than $550 million in damages arising out of employment contracts, deferred compensation agreements, oral promises, and RICO claims.
We successfully defended our client where the plaintiff, an investment banker retained to raise money for corporation through debt or equity financing, claimed that it was entitled to a more than $2 million success fee because our client purchased all of the outstanding shares of a corporation through a tender offer. The Massachusetts Appeals Court held that our client was entitled to directed verdict/summary judgment because the tender offer did not constitute raising money for the corporation.
Representing an equipment leasing company against claims of breach of contract and tortious interference claims which the court dismissed before trial.
Representing individual defendants as part of trial team against claims of breach of fiduciary duty and freeze-out in close corporation. Following a five day hearing, the arbitrator ruled in favor of the clients on all claims.
We represented several companies and their boards in successful resolution of shareholder strike suits brought in connection with corporate mergers.
Nelson Apjohn successfully argued an appeal before the Supreme Judicial Court, reversing summary judgment against Commerce and an Appeals Court affirmance of that decision. The lower court decisions held that an insurer could not terminate personal injury protection benefits under the applicable statute based on an independent medical examination by a practioner licensed under a medical specialty different from the specialty of the treating or billing practioner. Boone v. Commerce Insurance Company, 451 Mass. 192 (2008). Massachusetts Lawyer’s Weekly ranked the Supreme Judicial Court opinion as one of the most important insurance opinions of 2008.
Nelson Apjohn successfully argued an appeal before the Supreme Judicial Court on behalf of The Commerce Insurance Company in a putative class action, overturning a lower court summary judgment holding that the Massachusetts standard motor vehicle policy provided collision coverage for so-called "inherent diminished value." Given v. Commerce Insurance Company, 440 Mass. 207 (2003). Massachusetts Lawyers Weekly ranked the decision as one of the ten most important decisions of 2003.
We won dismissal of all claims in a civil RICO action brought against a regional hospital and healthcare complex.
We successfully negotiated resolution of a dispute on behalf of selling shareholders of a privately-held software business.
On behalf of a bank, we successfully resolved a case arising under the Electronic Funds Transfer Act (“EFTA”). The plaintiff alleged that that when he withdrew funds from the bank’s ATM, there was no notice posted “on or at” the ATM informing him that he would be charged a fee. The plaintiff claimed that the absence of an on-machine notice violated the EFTA, thereby entitling him to statutory damages, costs, and attorneys’ fees. The bank moved to dismiss the litigation, arguing that the plaintiff did not have standing under Article III of the Constitution. Shortly thereafter, the parties agreed to dismiss the case, with no money paid to the plaintiff.
Nelson Apjohn defended The Commerce Insurance Company in a putative class action in which the plaintiff claimed that Commerce violated policy provisions for collision coverage by deducting for so-called betterments when paying collision claims. After briefing and a hearing, Nelson obtained summary judgment on behalf of Commerce from the Massachusetts Superior Court (Business Litigation Session).
Representing a professional services firm against RICO claims, claims which were dismissed by a federal court in a ruling that was affirmed at the appellate level.
Represented client in suit against former employer for claims of breach of contract and 93A violations arising from a stock repurchase agreement. Mediation resulted in an award of $2 million, which was the full value of the shares that the client sought to enforce pursuant to the agreement.
We obtained a defense verdict after a four-week jury trial in U.S. District Court (D. Mass.). The case was brought by an Italian luxury hotel chain against our client, a Massachusetts-based building products manufacturer. The claims, which were for amounts in excess of $80 million, arose under Italian law and were brought in connection with our client’s decision to host a conference for its customers at the plaintiff's hotel in Rome. After extensive discovery and legal motions involving the interpretation of foreign law, we won outright before a federal jury. We are now seeking to recover the client’s fees and costs in connection with the case. 
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