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.

TJ Conte Appointed to the JNC

[ read full story ]

Responding to a Government Investigation Misclassification of Employees as Independent Contractors

December 2009[ read full story ]

Representative Matters

  • 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