• Martin Bauer Group and its US subsidiaries
  • Acquisition of Beverage House, Inc.
  • Infoscitex Corporation
  • Merger with DCS Corporation
  • The Grossman Companies, Inc.
  • Acquisition and construction of East Boston self-storage facility

Service Areas

Business Litigation

Posternak attorneys regularly and successfully try cases for our business clients in courts, in arbitrations, and before administrative tribunals.  Our business litigation clients range from international corporations to sole proprietors.  We litigate disputes relating to contracts, intellectual property rights, real estate and environmental issues, unfair business practices, non-competition covenants, employment relationships, securities transactions, regulatory and non-regulatory health care matters, bankruptcy proceedings, and many other commercial concerns.  We are skilled both in prosecuting claims when our clients’ rights have been violated and in defending our clients when they have been accused of violating another business’s rights.

We also understand how important and demanding any litigation is to our business clients and their key personnel.  Our clients value regular, clear communication about goals and progress toward goals.  We seek at all times to exceed those expectations.

While we enjoy trying cases, we recognize that a trial often is not the outcome that our business clients prefer.  Posternak attorneys therefore are skilled in negotiating settlements, including advocating for our clients at mediations, when an alternative to a trial promises a prompt, favorable, and inexpensive solution to a dispute.

Our attorneys include experienced arbitrators, who often are asked to decide the rights of parties in business cases.

Representative cases 

  • Prosecuted, in the federal court in Los Angeles, claims on behalf of the nation’s largest distributor of satellite television services involving the most critical aspects of the client’s distribution agreement.
  • Defended the sellers of a business that manufactures storage containers for spent nuclear fuel in a multi-million dollar arbitration brought by the buyers of the business, alleging that the clients had committed fraud and that the financial statements of the business did not conform to GAAP.
  • Represented a major consumer products manufacturer in an arbitration, in Chicago, challenging the client’s warranty responsibilities for millions of dollars of product.
  • Defended a well-known local entrepreneur against a securities fraud class action claim.
  • Defended one of the founders of a local biotech firm against a claim that he owed a substantial “finder’s fee,” arising out of the firm’s initial venture capital financing.
  • Represented a former high-level employee of a consumer products manufacturer, in a claim that he had been deprived of his sizeable percentage of the proceeds of the sale of the company.
  • Enjoined competitor of a client, after a trial, from competing after the competitor had hired away a key employee of client.
  • Defeated a claim against another client, again after trial, alleging that our client should be enjoined from competing with the plaintiff after hiring a key employee of the plaintiff.
  • Defended a health care client in a case, tried in the Miami federal court, alleging damages arising from the client’s decision not to close on the purchase of a “turn-key” skilled nursing facility.
  • Represented a sports agency firm in an arbitration commenced by one of its former sports agents.
  • Defeated an appeal by an abutter, a supermarket chain, from a decision in favor of our developer client allowing it to build a shopping center on Cape Cod with a rival supermarket as the anchor tenant.
  • Defended a real estate firm in an environmental case arising out of its construction of a sizeable residential development.
  • Represented the corporate owner of dozens of gasoline stations in pollution claims filed by the Department of Environmental Protection and abutters.
  • Defended a private equity fund in litigation involving a multi-million dollar investment in a portfolio company.

Business Litigation: Related Services Areas

Business Litigation: Professionals

Steven S. Broadley

Partner 617.973.6136 ext.   fax 617.722.4909

Jon C. Cowen

Partner 617.973.6238 ext.   fax 617.722.4914

Joseph P. Crimmins

Partner 617.973.6273 ext.   fax 617.722.4915

Dustin F. Hecker

Partner 617.973.6131 ext.   fax 617.722.4927

Justin A. Kesselman

Associate 617.973.6102 ext.   fax 617.722.4993

Adam L. Littman

Associate 617.973.6195 ext.   fax 617.722.4939

Erik Lund

Senior Counsel 617.973.6129 ext.   fax 617.722.4933

Nicholas J. Nesgos

Partner 617.973.6168 ext.   fax 617.722.4936

Rosanna Sattler

Partner 617.973.6135 ext.   fax 617.722.4950

Catherine J. Savoie

Partner 617.973.6274 ext.   fax 617.722.4951

Gary W. Smith

Partner 617.973.6277 ext.   fax 617.367.2315

Business Litigation: Publications

Security Agreement Can Be Modified By ‘Course Of Conduct’

Massachusetts Lawyers Weekly, Nicholas J. Nesgos, July 1, 2014

BroadSide: Crosby Limits Role in Casino Decision

NECN BroadSide, Michael E. Rubin, May 8, 2014

Law Firm not Liable for Failing to Control Client

Massachusetts Lawyers Weekly, Nicholas J. Nesgos, April 28, 2014

The Boston Marathon Bombing One Year Later: Insurance Coverage for Business Raises Concerns

Boston Bar Journal, Jon C. Cowen, Rosanna Sattler, April 2, 2014

Strip Club Wins Appeal After Seattle Denies Business Permit, Dustin F. Hecker, July 1, 2013

Marijuana Legalization ‘Inevitable’: But How & When Will Weed Become Hassle-Free?

International Business Times, Dustin F. Hecker, April 22, 2013

"The lady doth protest too much, methinks." Shakespeare, Hamlet, Act III, Scene II

Dustin F. Hecker, Richard D. Bickelman, October 24, 2012

Labor strife racks NFL, NHL

NECN, Dustin F. Hecker, September 24, 2012