Business Disputes

Business Owner Disputes

OCM regularly represents officers, directors, shareholders and partners who find themselves in disputes over the operation, ownership or control of their company. Regardless of whether your company is a corporation, partnership, or limited liability company, OCM has the experience to help.

  • Defended a complex constellation of related entities and trusts formed by real estate developer against claims brought by a trustee in bankruptcy seeking to disregard the entities and trusts and take the developer’s personal assets to pay off creditors
  • Represented limited partner in freeze out claims in connection with a real estate venture, leading to a petition to dissolve the partnership
  • Brought derivative claims against faithless business executive who defrauded partners in a real estate venture
  • Represented limited partner in dispute over petition to dissolve the partnership in a real estate venture
  • Represented condominium project developer in dispute with former partner involving allegations of fraud and breach of fiduciary duty

High Tech Venture Disputes

  • Defended corporate parent of Internet content delivery company against claims to pierce the corporate veil of wholly owned subsidiary
  • Defended biotech company against subpoena arising out of securities litigation against company chairman
  • Represented investors in online gaming company bringing claims for securities fraud against the company and its officers
  • Defended former officers and directors of failed financial services software company against claims for breach of fiduciary duty
  • Defended owner of distressed telecom company in debt workout litigation
  • Defended medical device entrepreneur against claims by former business partner that equity investments were personal loan

Financial Industry Disputes

  • Prosecuted claims against faithless partner in private placement agency
  • Represented shareholders of insurance agency in battle for control of the company
  • Defended pension fund administrator against claims of breach of fiduciary duty asserted by the Department of Labor
  • Defended financial institution against claims for breach of fiduciary duty in management of retirement plan
  • Prosecuted minority shareholders’ claims for appraisal (valuation) of their shares after corporate merger that took the company private

Food, Hospitality and Entertainment Industry Disputes

  • Defended majority shareholder and company manager of a restaurant against claims by minority shareholders
  • Prosecuted freeze out claims by partner in wholesale food company
  • Represented owners of financially distressed wholesale food company in workout with creditors
  • Defended owner of private charter and sight seeing company against effort by insurance company to disclaim coverage for accident on a tour
  • Represented minority shareholder of upscale restaurant in dispute with co-venturers

Manufacturing and Distribution Industry Disputes

  • Represented majority shareholder in action to enforce earn out provision after sale of company
  • Defended former chairman, CEO and majority shareholder of textile manufacturing company against complex claims for fraud and breach of fiduciary duty
  • Defended former chairman, CEO and majority shareholder of national tape distribution company against claims for fraud in connection with sale of the company

Fraud-on-the-Market Theory Questioned

(Litigation News, June 12, 2013)

Judge Rejects SEC’s Position on Citigroup Consent Judgment
(Litigation News, February 21, 2012)

Chancery Court Awards $1.263 Billion in Derivative Action
(Litigation News, December 13, 2011)

Materiality of Alleged Misrepresentations Not Dependent on Statistical Significance
(Litigation News, May 11, 2011)

Recent Developments Affecting Professionals’, Officers’, and Directors’ Liability
(Tort Trial & Insurance Practice Law Journal, Winter 2011;) (article co-author; section author, “Developments in Directors’ and Officers’ Liability”)

Jail Time for Spoliation?
(Litigation News, November 29, 2010)

Delaware High Court Issues Game-Changer on Fiduciary Duty
(Litigation News, May 2009)

Court Orders Daubert Hearing as Part of Class Certification Analysis
(Litigation News, September 17, 2008)

Derivative Claims: Not Just for Shareholders Anymore
(Litigation News, July 2008)

Corporations Balk at Outside Counsels’ Automatic Rate Increases
(Litigation News, March 2008)

Fee Applications and Block Billing Don’t Mix
(Litigation News, September 2006)

Rules on Witness Conferences in Depositions Vary
(Litigation News, May 2006)

Large Law Firms Hiring More General Counsel
(Litigation News, November 2005)

Audit Response Deemed Work Product Under California Law
(Litigation News, May 2005)

Partner Sanctioned for Associate’s Errors
(Litigation News, March 2005)

New York City Bar Issues Opinion on Dual Representation
(Litigation News, January 2005)

Just Say No to Hostile Takeovers in Massachusetts
(Massachusetts Lawyers Weekly, December 1, 2003)

Will the Company Cover an Ex-Officer’s Legal Costs? The New World of Sarbanes-Oxley.
(Business Law Today, September/October 2003)

Patent Priority Disputes A Proposed Re-Definition of First-to-Invent
(Alabama Law Review, 1998)

Re-Assessing the Trial Court’s Opportunity to Assess Credibility, 13 Me. Bar J. 316
(November 1998)

Presenting an Attorney’s Fee Application in the United States District Court for the District of Maine, 11 Me. Bar J. 244
(July 1996)

Hints on Writing Law Court Briefs from Some People Who Read Them, 9 Me. Bar J. 318
(September 1994) (co-author with Karen D. Kemble, Esq.)

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david mack

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stephanie parker

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