Business and Trade Regulation

Each year seems to bring increased regulatory oversight of businesses of all kinds. A difficult economic environment only intensifies the actions and effects of regulatory authorities. The members of our Business Litigation Group have deep experience trying civil and criminal cases in the area of business and trade regulation. As reflected below, we have tried Sherman Act and Robinson-Patman Act cases. We have also prosecuted and defended claims of trade practice violations throughout the region.

Businesses operating in a challenging economic environment are more likely to face allegations of fraud. Genuine business disputes are all too often characterized as fraud. Those kinds of claims bring with them increased exposure to punitive damages, awards of attorneys’ fees, and the loss of insurance coverage for damages. For that reason, these types of claims must be carefully and aggressively defended. As demonstrated by our representative matters, we have substantial experience in defending against claims of fraud lodged among businesses by government agencies and in class actions.

At the same time, however, businesses of all types recognize the importance of reducing and eliminating losses inflicted by fraud. In the health care area alone, courts have recognized that fraud drains billions of dollars from the public and private sectors every year. Congress and state legislatures have responded by enacting stronger statutory tools with which to combat fraud and recover losses. Robinson & Cole’s trial attorneys are well versed in the use of these tools in recovering monies wrongfully obtained. Where appropriate, the firm partners with its clients, sharing both the risk and reward inherent in these actions.

Representative Matters:

• Successfully defended majority shareholders in action by minority shareholder alleging breach of fiduciary duty and violation of the Massachusetts unfair trade practices statute (M.G.L. ch. 93A).
• Successfully defended bank client against claims by vendor alleging breach of contract, tortious interference with contract, and violation of the Massachusetts unfair trade practices statute (M.G.L. ch. 93A) stemming from bank merger.
• Successfully defended client against Singapore company in complex commercial litigation case pending in United States District Court seeking over $100 million in damages based on multiple claims, including breach of contract, fraud, and the Connecticut Unfair Trade Practice Act (CUTPA).
• Represented major pharmaceutical manufacturer in a lawsuit brought by the Connecticut attorney general seeking recovery of Medicaid and Medicare payments made for certain pharmaceuticals.
• Represented client in connection with state court action for breach of warranty and the Connecticut Unfair Trade Practice Act (CUTPA) against supplier and component part manufacturer in action arising out of manufacturing relationship.
• Successfully defended public company and three of its officers against a lawsuit alleging fraud and breaches of representations and warranties arising from the sale of a manufacturing company subsidiary to a competitor.
• Represented client in its suit against two former high-level officers and a UK competitor for conspiracy to misappropriate trade secrets, violations of Connecticut’s Uniform Trade Secrets Act (CUTSA), breach of noncompete agreements, breach of fiduciary duties, tortious interference with contractual relations, the Connecticut Unfair Trade Practice Act (CUTPA), and a variety of other contractual and tort-based claims.
• Represented client individually and derivatively on behalf of investors in approximately 12 businesses in a suit against their comanaging member of the said business entities for fraud asserting that the defendant had misappropriated $25 million for his own personal use, based on filings of false satisfactions of mortgages and forged instruments relating to the companies’ real estate investments.
• Obtained verdict for major manufacturer of information technology products in six-month federal court jury trial arising out of failed joint venture. Claims included unfair trade practices and trade secrets theft.
• Represented manufacturer of specialty chemical products in unfair competition lawsuits in multiple jurisdictions and obtained injunctive relief preventing competitor’s deceptive marketing practices and misappropriation of proprietary product information.
• Successfully handled the defense of a Robinson-Patman Act price discrimination case in Philadelphia involving cardboard business machine cores.
• Defending chemicals manufacturer against multiple class actions alleging violations of antitrust laws through participation in an international price-fixing cartel.