Business and General Litigation

Mirick O’Connell’s Business and General Litigation Group understands business and knows how to get results.  Our litigators have a proven track record of successfully resolving cases through negotiation, alternative dispute resolution and, when necessary, aggressive action in the courtroom.  Our extensive trial experience gives us a decisive edge in representing our business clients through every stage of a dispute.

Whether representing closely-held companies, large publically-held corporations or any type of enterprise in between, we focus on our client’s objectives.  We provide value to our business clients by minimizing risk, offering practical options and balancing creative strategies with the economic realities of protracted litigation.

Our attorneys handle disputes of all magnitudes including "bet the company" litigation.  We regularly handle cases involving corporate governance and management disputes, shareholder disputes, derivative actions and claims of breach of fiduciary duty. We litigate intellectual property matters including patent and trade secrets disputes.  We litigate cases involving fraud, intentional interference with contractual relationships, virtually every type of breach-of-contract claim and cases involving unfair or deceptive trade practices.

Paul Carey Presented on the Intersection of the Bankruptcy Code and the Federal Arbitration Act at the Geneva Group International North American Conference

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2024 Best Lawyers Awards Announced

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Business Litigation Team prevails in decision issued by SJC

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25 Mirick O'Connell lawyers recognized as 2023 Best Lawyers and Best Lawyers: Ones to Watch 2023

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Four Attorneys Recognized as "Lawyer of the Year" by Best Lawyers 2023

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Adam Jacobs joins Mirick O'Connell as a partner in the Business Group

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Ken Pickering appointed to Merit Selection Panel for Two Federal Magistrate Judge Reappointments

Panel Appointed by the U.S. District Court for the District of Massachusetts

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Patricia Davidson quoted in The Balance, "What is Contesting a Will?"

Contesting a will is the process of disputing someone's last will and testament, often by presenting evidence about why it's invalid according to state law.

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PODCAST: Trademarks 101

Tatiana Tway explains why businesses should have a trademark

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Worcester Business Journal Recognizes Mirick O'Connell as "Best Law Firm" for Business

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Elizabeth Greene quoted in Healthcare Risk Management article, "Post-COVID Could Bring Surge in Med Mal Cases"

"A focus on or return to the basics of risk management and quality of care will continue to be important" post-COVID.

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Patricia Davidson was quoted in Massachusetts Lawyers Weekly article, "Widow Gets Appreciation on her Share of Estate"

In the absence of language in a premarital agreement suggesting otherwise, is a surviving spouse entitled to benefit from the appreciation of the value of her share of the assets in her late husband's estate occurring in the years between his death and the settlement of the estate?

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Dave McCay interviewed by Go Green Radio, "PFAS in Your Water? You Have Rights"

Who will pay to remove PFAS from the public water supply - taxpayers? Can a resident sue their local government if their illness is connected to PFAS in the drinking water? Tune in to find out.

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e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Employer Guidance

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Reid Wakefield quoted in Forbes article "What the EEOC's Updated Covid Guidelines Mean for Business Leaders"

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Thomas J. ("T.J.") Conte and Alexandra Mansfield prevail on Summary Judgment in US District Court on behalf of WRTA in Union Head's claim of wrongful termination based on freedom of speech rights

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Mirick O'Connell Wins First Place for Law Firms in Worcester Business Journal Best of Business

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Elizabeth Greene recognized by Massachusetts Lawyers Weekly as being one of the "2020 Top Women of Law"

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Mirick O'Connell Named Tier 1 Firm by U.S. News - Best Lawyers "Best Law Firms" in 2021

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Elizabeth Greene Receives American Heart Association 2020 Legacy Leadership Award

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PODCAST: Rich Van Nostrand discusses Non-Competition Agreements Act of Massachusetts

Rich Van Nostrand provides background of the Non-Competition Agreements Act of Massachusetts and its impact on businesses since its passing.

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Chris Collins was quoted in the T&G article "Leadership Worcester class includes diverse group"

"Every great city needs believers and creators." Chris Collins is one of Leadership Worcester's founders.

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17 Mirick O'Connell Attorneys Named to 2021 Best Lawyers and Best Lawyers: Ones to Watch List

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PODCAST: Lauren Sparks discusses Analysis of the Supreme Court Title VII Ruling

Title VII of the Civil Rights Act of 1964 bars workplace discrimination on the basis of sexual orientation and gender identity.

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PODCAST: Jim Donnelly discusses Nonprofit Volunteer Boards and COVID-19 (4.6.20)

Throughout Jim Donnelly's career he has served on numerous boards and committees for both nonprofit and civic organizations and bar associations.

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Labor, Employment and Employee Benefits Legal Update: "New California Non-Compete Law Prohibits Almost All Non-Compete Agreements and Requires Notice to Certain Current and Former Employees"

02/06/2024[ read full story ]

Business Law Update: "Corporate Transparency Act Guidance"

08/23/2023[ read full story ]

Business Law Update: "Preparing for the Corporate Transparency Act Equity Ownership Disclosure Rules"

08/08/2022[ read full story ]

Ownership Transition for Privately Held Companies

2/2/2023[ read full story ]

Elizabeth Greene to Co-Chair ABA Physicians Legal Issues Conference

09/20/2021[ read full story ]

Spring Webinar Series: Workplace Investigations in Today's World

5/21/21[ read full story ]

SJC Upholds Secretary's Fiduciary Duty Rule

9/20/23[ read full story ]

SJC to Determine Fate of Secretary's Fiduciary Duty Rule

06/21/2023[ read full story ]

Procrastinators Beware: Default Judgment as a Discovery Sanction

05/23/2023[ read full story ]

First Circuit Upholds Enforceability of Clickwrap Agreement

05/01/2023[ read full story ]

Bad Faith Can Render Limitation of Liability Provisions Unenforceable

04/11/2023[ read full story ]

William Morrissey authors, "US Supreme Court Denies Discovery Under 28 U.S.C. § 1782 in Aid of Arbitration"


The U.S. Supreme Court recently ruled that federal courts are not authorized to order discovery pursuant to the request of parties to private international arbitration panels.

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Patricia Davidson Co-authors Bloomberg Tax article "The Evolving Role of Trust Protectors"

11/06/2020[ read full story ]

Responding to a Government Investigation Misclassification of Employees as Independent Contractors


Government investigations take many forms and government agents may seek information in many ways. It is important to recognize what investigatory method the government is employing so you will know how to respond appropriately.

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Representative Matters

  • Successfully litigated and mediated a derivative-shareholder lawsuit / "freeze out" claim arising from a dispute between the owners of a closely-held corporation.
  • Successfully challenged the decision of a public company’s special litigation committee to terminate a shareholder action alleging executive misconduct, played a significant role in a proxy contest and forced a resolution that ultimately generated approximately $64 million for shareholders.
  • Secured a judgment of more than $6 million against a director who misappropriated funds that were intended for investment in a corporation.
  • Successfully represented an officer of a public company in a joint securities fraud investigation by the Department of Justice and the SEC, who elected not to prosecute at the conclusion of the investigation.
  • Obtained a landmark appellate decision from the Supreme Judicial Court of Massachusetts ruling that newspapers are exempt from sales and use tax based on the proportion of space devoted to advertising.
  • Obtained a seven-figure jury award on behalf of a manufacturer in the United States District Court in a breach of contract claim against its former joint venture.
  • Obtained defense verdicts in favor of the research department of a world-renowned university against breach of contract claims in Worcester Superior Court.
  • Secured preliminary and permanent injunctions in the Business Litigation Session of Suffolk Superior Court on behalf of a nanotechnology business against its former chief chemist for trade secret misappropriation.
  • Successfully defended packaging supplier and new sales employee in the Business Litigation Session of Suffolk Superior Court against efforts to restrain their competitive activities.
  • Achieved a refusal to prosecute decision by the U.S. Attorney's Office following an FBI investigation into allegations of computer crimes and theft of intellectual property involving the design and manufacture of medical equipment.
  • Successfully tried a jury case in the U.S. District Court for the District of Massachusetts for fraud and tortious interference with contractual/advantageous relationship against a company engaged in organizing amateur sports leagues, its shareholders and its attorney.  We prevailed in an appeal to the U.S. Court of Appeals for the First Circuit.  Our collection efforts resulted in full satisfaction of judgment
  • Successfully defended a $1 million claim for breach of contract against a manufacturer of computer hardware by serving a motion for summary judgment that relied almost exclusively on the plaintiff’s own deposition testimony to demonstrate that the claim was barred by the plaintiff’s prior conduct and to demonstrate the speciousness of the claim
  • Negotiated the settlement of complex litigation among shareholders of two closely-held, international plastics companies involving various business torts, contract claims and equitable remedies; coordinated the transfer of stock, the implementation of a security agreement and indemnification for international financing obligations
  • Prevailed in a trial in the U.S. District Court for the Eastern District of New York on behalf of a company that provides licensure and educational services to financial institutions against allegations, including breach of contract, breach of fiduciary and equitable claims, initiated by a sales and marketing company after termination of the relationship for poor performance

Our Practices