Complex Commercial Litigation

Non Compete, Compensation and Trade Secret Disputes

OCM has broad experience helping business people with their disputes, including handling allegations of fraud, broken contracts, non-compete issues, trade secrets, broken leases, wage and hour disputes, and general employment issues.

  • Defended drug research company against claims for violation of non compete and theft of trade secrets
  • Represented IT company executive in dispute with former employer regarding compensation, non compete and lawfulness of termination
  • Defended insurance agent and agency against claims for breach of non compete
  • Defended Chinese national against claims for theft of trade secrets from high-tech company
  • Prosecuted claims by IT Company sales executive for compensation
  • Represented wholesale distribution company in breach of non compete dispute
  • Prosecuted and defended non compete and trade secret claims by insurance agent against former employer
  • Prosecuted claims by former sales executive against software company for failing to structure and execute off shore contract properly to avoid foreign taxation
  • Represented consultant in claims for compensation and breach of non compete
  • Represented software company in connection with non compete dispute with former employees
  • Prosecuted claims by software company for breach of non compete and theft of trade secrets by former CTO
  • Represented technology company in dispute over rights to intellectual property developed in co-venture
  • Represented inventor in claim for theft of trade secrets by international shoe manufacturing company

General Commercial and Employment Litigation and Advice

  • Provided ongoing advice on miscellaneous legal issues to high tech manufacturer of IT infrastructure components
  • Defended national retailer against claims for breach of warranty
  • Represented major automobile manufacturer in a series of disputes with one of its dealers over warranty reimbursement
  • Defended in-house counsel of high tech company in responding to individual subpoena
  • Defended insurance company in coverage dispute
  • Prosecuted claims on behalf of investor against securities broker
  • Defended national retailer against consumer class action
  • Defended real estate company against claims for discrimination by former employee
  • Represented airline mechanic in discrimination claim against airline

Commercial Lease Disputes

  • Represented a large commercial landlord in an action to collect rents due from a corporate tenant
  • Defended failed Internet company and its corporate parent against claims by commercial landlord
  • Prosecuted eviction action against large commercial tenant — software company
  • Represented landlord in commercial eviction — high tech company
  • Represented landlord in dispute with commercial tenant — restaurant franchise

Fraud

  • 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
  • Prosecuted claims for fraud by investors in online gaming company
  • Prosecuted claims by investor defrauded by securities broker

Broken Contracts

  • Defended telecom company against claims for breach of inter-carrier contract
  • Represented high tech manufacturer of telecom infrastructure products in claims for breach of warranty against supplier of components
  • Represented national software company in contract dispute with headhunter
  • Defended small business owner against claims for breach of services contract

Damages, Interest and Attorneys Fees in Massachusetts Litigation
(MCLE Publication, April 15, 2015, Tara J. Myslinski, editor, with chapters contributed by Tara J. Myslinski, Sean T. Carnathan and David B. Mack)

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)

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

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

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.)

Practice Leader

david mack

Team Member

carnathan

Team Member

myslinski

Team Member

kafka

Team Member

stephanie parker

Team Member

calandrelli