Business Litigation
Overview
Nutter’s business litigation attorneys handle the full spectrum of complex business problems, whether the client is a business or individual, based in the U.S. or abroad, and regardless of industry. Our litigators bring an abundance of experience, a farsighted strategic outlook, an acute sensitivity to costs and benefits, a passion for client service, and a dogged determination to win.
Business litigation law is not simply a series of tactics to win a lawsuit. It is a process of understanding the client’s business, analyzing threats or injuries to that business, quantifying their impact, and finding the most efficient and effective pathway to overcome the threats, repair the injuries, and help secure the biggest achievable benefit.
Your chief scientist and top engineer just left to work for a well-funded startup rumored to be developing a product that will compete with yours. These two top talents did not sign a non-competition agreement with your company, but they both know key information about your product and marketing strategy. Feeling threatened?
Your company’s earnings have been in continuous decline for five years. After a few months on the job, the new CEO discovers that the old CEO had been siphoning millions of dollars from the company. The old CEO claims the funds were part of a deferred bonus arrangement approved ten years ago by directors who have long since departed, but the board minutes are ambiguous and the former directors who are still alive are friends or business associates of the old CEO. Is your company in trouble?
A sheriff appears at your office—unannounced—with a summons and complaint. Your insurance carrier is suing your company. The carrier no longer wants to defend your company in a product liability class action. The carrier claims that, when your former risk manager applied for the policy, she failed to disclose that the company knew about potential product liability claims. How will you respond?
These are examples of complicated business problems that can keep you up at night, but Nutter’s business litigators will concentrate on your problems, developing and executing strategies to resolve them so that you can focus on your business.
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View Practice Team
Professionals
- Nelson Apjohn
- Kenneth Berman
- Ritika Bhakhri
- Natalie Cappellazzo
- Dawn Curry
- Andrew Farrington
- Maya Ginga
- Mark Jensen
- Sarah Kelly
- Anuj Khetarpal
- Michael Leard
- John Leddy
- Brian Lee
- Christopher Lindstrom
- Sara Lonks Wong
- Eric Magnuson
- Liam O'Connell
- Ashley Paquin
- Ian Roffman
- David Rubin
- Mariel Smith
- Benjamin Stern
- Christopher Sullivan
- Joseph Toomey
- Michael Walsh
- Melanie Woodward
Representative Matters
Representative Matters
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Related Areas
eDiscovery
eDiscovery
Nutter’s eDiscovery team is comprised of knowledgeable and seasoned litigation attorneys working in concert with our litigation technology professionals. Nutter is focused on providing creative, agile, and cost effective eDiscovery solutions to our clients starting from preservation at the initial anticipation of litigation through production, retention, and, ultimately, destruction.
Our Team
Our multidisciplinary team understands the ever-expanding universe of data and the technical, legal, and financial challenges it presents. Nutter has a deep bench of litigation attorneys with extensive experience handling complex eDiscovery matters. Nutter’s litigators draw on the substantial technical expertise from the firm’s technology professionals, including multiple Certified E-Discovery Specialists (CEDS) with the Association of Certified E-Discovery Specialists (ACEDS).
What We Do
Our experienced litigation technology professionals can handle Electronically Stored Information (“ESI”) internally from collection to production through our advanced technology platforms, or work with our vendors and our clients to craft a tailored approached to ESI management. We have extensive experience in managing all aspects of the eDiscovery process, including identification, preservation, collection, review and analysis, and production. Our data hosting infrastructure provides secure access to clients and external parties at a cost significantly below vendor market rates.
The Nutter team, led by Seth Berman, leverages its experience with a wide array of workflows and advanced technology, including technology-assisted review, to maximize efficiency in the document review process with strategies that are defensible in court. We design meticulous quality control procedures when managing a team of expertly trained contract lawyers and advanced forensic data analysis firms, to ensure an effective and efficient process.
Nutter approaches each new eDiscovery challenge with practical and defensible processes to ensure a streamlined and cost-effective outcome.
Experience
- Nutter achieves trial win for Big Four accounting firm
In November 2019, a Nutter trial team received a jury verdict in their favor for Nutter’s client, a Big Four accounting firm. Nutter’s client was alleged to have committed accounting malpractice for not detecting a fraud during the course of its annual audits. The plaintiff was seeking approximately $30 million in alleged actual and punitive damages. After a three-week trial in the Business Litigation Session of the Massachusetts Superior Court, the jury returned a verdict in favor of Nutter’s client and the judge dismissed all remaining claims. Nutter’s trial team included Ian Roffman, Nelson Apjohn, and Melanie Woodward, and they tried the case with co-counsel George Salter of Hogan Lovells (NY).
- Greater Boston Chamber of Commerce
Nutter filed a successful amicus brief on behalf of the Greater Boston Chamber of Commerce in Calixto, et al. v. Coughlin, et al. that warned against expanding the Massachusetts Wage Act beyond earned wages. According to the brief authors, doing so would have created uncertainty for employers and have had a detrimental effect on distressed businesses.