BUSINESS LAW & LITIGATION
Experienced Legal Representation For Business Matters
Small Business is the vital cog for a sound economy. At our office, we aim to provide our business clients with timely, reliable, and valuable counsel and services to help enable their continued success. It doesn’t matter if you employ one person or one hundred, we take care of the legal issues while you concentrate on business.- Representation of Business Purchasers
- Representation of Business Sellers
- Including Starting Corporations, Limited Liability Companies (LLCs), Partnerships, or Professional Corporations
- Business Matters Litigation
Business Litigation Case Examples
In 2008, a drain cleaning company was established with four shareholders. However, over the years, 2 of the shareholders left the company, leaving it in the hands of Sam* and Alex*. Although the company was located in Massachusetts, Alex re-located to Florida and told Sam that he was handling the marketing and administrative side of the business from Florida. Alex started spending the majority of the year in Florida and only made an appearance in the office during the summer months. During his time in Massachusetts, he typically went out for lunch on company money before returning to Florida and spent limited time in the office since he has no office, phone, or computer. Although Alex provided some periodical financial reports and summaries, Sam never received documentation of what he was doing for the company. After some time, Alex began acting like Sam’s boss, despite being in an equal partnership. Alex started to employ his family members, even though they had bad job performances, fired an employee due to a personal vendetta, incurred debt, and opened a credit card for the company all without Sam’s knowledge. Sam ran the company on a day to day basis and oversaw all of the service calls. His duties required him to be present 24/7. When Sam had a heart attack and was unable to work, Alex remained in Florida and did not put in any effort to come back and relieve Sam.
Sam could no longer tolerate Alex’s behavior and contacted Attorney DiBlasi. Attorney DiBlasi immediately obtained the financials of the business and discovered that Alex was charging most of his leisure activities (including lunches, golfing, spring training season tickets) to the business. Attorney DiBlasi then sent a demand letter and suit was filed with counterclaims, as both partners asserted claims against each other. The court then appointed a receiver to investigate the claims and the partners ended up making a resolution. Sam received significant lump-sum funds for his portion of business and was free from Alex’s treatment and involvement. Sam was able to start up a competing business and, because he was the primary contact with the customers, most stayed loyal to Sam. Sam’s new company continues to grow by leaps and bounds.
*Actually names are different
In 2002, Tracey and Kara executed a promissory note and mortgage on the home they had been living in together. Although Kara and her mother owned the home, Kara convinced Tracey to apply with her and sign the new promissory note. Shortly thereafter, Tracey and Kara ended their relationship and Tracey moved out. Despite not having an ownership interest, Kara cajoled Tracey to continue to contribute her half of the monthly mortgage bill.
A few years later when Tracey went to refinance the mortgage of her own home, she learned as a result of a denial of credit, that Kara was in significant arrears.
Tracey contacted Attorney DiBlasi to help her with this unfortunate situation. Attorney DiBlasi sent a demand letter to Kara threatening the immediate filing of a lawsuit. Kara retained her own attorney and the following resolution occurred: a $30,000 payment was paid forthwith from Kara to Tracey to reimburse her past payments; and Kara refinanced the applicable mortgage so that Tracey’s name was removed, thereby restoring her credit.
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