Business Cases

Smith Lee Nebenzahl Business and Commercial Litigation

Smith Lee Nebenzahl business litigation lawyers handle cases involving breach of contract, breach of fiduciary duty, and shareholder disputes.   The following are examples of Smith Lee Nebenzahl’s business litigation cases.

Breach of Contract (payments to sales agent): Smith Lee Nebenzahl lawyers represented a sales agent in breach of contract litigation against a credit card processing company for improper termination of his contract and failure to pay residual income as required by the contract.  The calculation of residuals under the contract was complex, but based on discovery and detailed analysis, Smith Lee Nebenzahl lawyers were prepared to prove significant underpayment.  The company settled just prior to trial, on terms favorable to our client.

Breach of Contract (intellectual property): Smith Lee Nebenzahl lawyers represented an individual who had a contract with a biotechnology company under which he contributed certain intellectual property to the company.  The contract required the company to return the intellectual property if his employment was terminated, but the company refused to comply.  Smith Lee Nebenzahl lawyers commenced litigation claiming breach of contract; the company settled on favorable terms.

Breach of Contract (forum selection): Smith Lee Nebenzahl lawyers were retained by a Canadian company to defend litigation brought by a Massachusetts business claiming breach of contract.  We were able to obtain a dismissal of the action the day after being retained, on the basis of a forum selection clause in the contract requiring litigation to be brought in Canada.

Breach of Fiduciary Duty and Shareholder Disputes:  Smith Lee Nebenzahl lawyers represent several clients in litigation between shareholders of closely held corporations claiming breach of fiduciary duty.  We represent the owner of a family business in a shareholder dispute, defending a claim brought by relatives claiming an ownership interest in the company and alleging breach of fiduciary duty.  We also represent the majority shareholder in a close corporation who took over the business after realizing that the other shareholder had breached his fiduciary duty by using company funds for his own purposes and mismanaging the company.  Our lawyers  are now defending litigation brought by him challenging his ouster from the company and alleging breach of fiduciary duty.