Commercial Litigation

Commerce is the engine that drives our local, regional and national economies. The engine sometimes sputters due to conflict and disagreement.  Fletcher Tilton’s litigators have a long tradition of swift intervention using litigation to hold accountable those who need to be held accountable.

Commercial disputes surface in a variety of contexts.  Sometimes business entities clash over performance under a contract, or wrongful business conduct.  Sometimes business entities clash with governments in the form of environmental issues, tax issues, permitting issues, and other enforcement issues.  The firm’s litigators have successfully handled all of that and more.

Representative Matters:

• In a dispute between a hotel developer and a municipality regarding interpretation of a contract with millions of dollars at issue, the firm’s litigators contested a lawsuit and obtained a rational, reasonable and favorable negotiated settlement.
• In a dispute between the seller and buyer of a business in which the buyer claimed misrepresentation and withheld payment, the firm’s client seller obtained a judgment after trial that compelled the buyer to pay in full.
• In a multi-million dollar franchise dispute between companies in the wireless retail industry, we successfully dissolved a preliminary injunction that had financially hobbled the client’s business. Result positioned the client to negotiate a favorable resolution.
• The firm defended a software development company in complex, multi-party litigation, ultimately allowing our client to obtain and capitalize on a lucrative piece of source code.
• Our client had loaned money to a Cape Cod tour guide company, becoming a victim of sophisticated financial fraud at the hands of the company’s owner. We achieved a substantial recovery for our client.
• In complex dispute over patent rights to a breakthrough medical technology, we successfully represented an early corporate investor and Board member against the defendant company’s attempt to extinguish his claims by enforcing an alleged settlement agreement.