Business Litigation

Gardner & Rosenberg has successfully litigated and mediated cases around the country in state and federal court, and in arbitrations  Our clients include business partners, owners, officers, directors and other individuals, as well as companies, financial institutions, insurers, and educational, health care and non-profit organizations.  Some of our experience includes:

  • Obtained a multi-million dollar award for a design firm in a month-long trial in New Jersey federal court against a large hedge fund.
  • Successfully represented a U.S. manufacturer in a contract and fraud suit against a Swiss company and its U.S. subsidiary.
  • Won a motion to dismiss all claims in a Delaware suit concerning a partnership formed to acquire positions in a French conglomerate.
  • Represented plaintiff asserting rights to more than $150 million in partnership assets against former partners, arising out of the settlement of claims against a social networking website.
  • Represented hedge fund in enforcement of various debentures and other financing instruments, including successfully obtaining over $2.5 million in arbitration awards and court judgments against borrowers.
  • Counseled victim of Ponzi scheme in connection with federal investigation and prosecution of perpetrator, and brought suit on behalf of client to recover judgments against perpetrator and his business consulting firm.
  • Represented internet marketing firm in multi-state actions involving collection of fees and breach of contract counterclaims against client.
  • Successfully defended internet retailer against trademark infringement claims arising out of the alleged use of competing company’s mark to divert internet search traffic.

Insurance Coverage Disputes

Gardner & Rosenberg has extensive experience litigating and resolving complex insurance coverage disputes involving many different types of policies, including Director and Officer, Commercial General Liability, Employment Practices Liability, Errors and Omissions, Life, Homeowners, and Long Term Care. For example:

  • Obtained summary judgment, upheld on appeal, for national insurance company in $10 million lawsuit concerning coverage related to defects in a large New York City building.
  • Successfully resolved Director and Officer coverage dispute involving over $1 million in defense costs sought under policy arising out of attorney general's investigation of insureds.
  • Regularly counsel insurers on the enforcement of policy coverage and exclusions.
  • Resolved action brought by national insurance company against regional medical provider client concerning billing issues
  • Successfully represented homeowner in case against national insurer arising out of destruction of home.
  • Represented individual in successful action against national insurer for long term care coverage.
  • Represented regional law firm in the recovery of defense costs incurred in defending claim against law firm's client.

Environmental Disputes and Investigations

Gardner & Rosenberg represents property and business owners and individuals in the recovery and defense of environmental contamination cleanup costs. We also regularly appear before government agencies and defend clients in the enforcement of environmental and public health regulations. We have:

  • Represented and successfully guided a national manufacturing company through an investigation by the Massachusetts Attorney General and the settlement of claims of alleged violations of air permits and other environmental regulations.
  • Represented a Massachusetts manufacturing company in connection with the cleanup of contaminated property and claims against a prior owner for contribution of cleanup costs.
  • Won the dismissal of regulatory enforcement action after an agency proceeding on behalf of an environmental air testing company arising out of allegations of falsification of data and improper sampling and record keeping.
  • Represented bankruptcy trustee in connection with claims for the recovery of lost property value by the debtor due to neighboring business' release of contamination.

Real Estate and Land Use Litigation

We regularly represent clients in disputes concerning purchases and sales, zoning, permitting, construction and condominium issues. We have handled matters before local zoning boards, planning boards and in the trial and appellate courts. Some of our experience includes:

  • Defended developer-appointed trustees of large Downtown Boston commercial condominium project in case involving construction design defects and breach of duty claims.
  • Represented luxury condominium purchaser in defense of alleged breach of purchase and sale agreement.
  • Represented unit owners of luxury residential/commercial condominium in successful suit against trustees concerning improper governance.
  • Represented property owner in a decade-long zoning, permitting and nuisance dispute with an abutting residential property owner.
  • Successfully obtained the denial of a permit for the change in use of a local business into an unsuitable auto body shop on behalf of residents of a Boston neighborhood.

Class Actions

Gardner & Rosenberg has the experience to handle the unique challenges of class action litigation. We defend and, when appropriate, represent plaintiffs in, class action litigation involving breach of contract, unfair business practices and business torts. Some of our experience includes:

  • Won the dismissal of a class action suit brought against a national bank concerning fee disclosures.
  • Won the dismissal of a large class action securities fraud case on behalf of a publicly-held corporation.
  • Represented an international manufacturer in a nationwide class action in federal court in Massachusetts involving equipment leases.
  • Represented several automobile finance companies and other entities in connection with class action suits brought under Massachusetts and New Hampshire consumer protection statutes.
  • Defended consumer product lease financing company against consumer class action claims.
  • Obtained favorable class settlement on behalf of tenants against notorious Massachusetts landlord for mishandling security deposits.
  • Obtained class judgment on behalf of employees laid off by national retailer and service provider.

Unfair Business Practices

We regularly represent businesses in defense of claims of unfair business practices brought by business affiliates, consumers, and competitors. We also represent businesses and individuals who have been the victim of unfair business practices. We have particular experience with Massachusetts' unique consumer protection statute -- Chapter 93A. We have:

  • Resolved action brought by national insurance company against regional medical provider client concerning billing issues.
  • Represented an international manufacturer in a nationwide class action in federal court in Massachusetts involving equipment leases.
  • Obtained favorable class settlement on behalf of tenants against notorious Masssachusetts landlord for mishandling of security deposits.
  • Represented many consumers in complex claims against contractors, banks, mortgage companies, and collection firms.

Professional Liability

We have represented various professionals in the defense of negligence claims and related actions. We are often called on to represent attorneys and law firms in the defense of malpractice suits, as well as accountants, financial advisers and other professionals in civil litigation and regulatory proceedings. Some of our experience includes:

  • Defended numerous broker-dealers and financial advisors in FINRA proceedings.
  • Represented major international law firm and individual attorneys in defense of malpractice claims arising out of securities transactions on behalf of firm's publicly-held client.
  • Regularly defend directors and officers in actions involving allegations of breach of duty, securities claims and government investigations.
  • Successfully resolved breach of duty claims against commercial condominium trustees brought by unit owners
  • Represent medical professionals in regulatory enforcement proceedings.

Employment Disputes

Gardner & Rosenberg regularly counsels clients in employment law matters. We have advised clients on the drafting of employee handbooks and policies and in handling sensitive employee issues. We also are frequently involved in matters arising from the discharge of employees, claims of discrimination and claims under state and federal wage and hour laws.