Complex Commercial

Massey & Gail represents clients in complex commercial disputes in trials and appeals in state and federal courts and in mediations and arbitrations all across the country.  We also provide strategic counseling services to resolve disputes without litigation or to use the potential for litigation as a tool to resolve business disputes outside the courtroom.

Often these cases are “bet the company” engagements relating to claims of breach of contract, tortious interference with contract, products liability, breach of fiduciary duty, fraud, unfair trade practices, and/or insurance coverage.  We have also defended and prosecuted class actions involving such claims.

Our team has litigated many important complex commercial cases for both defendants and plaintiffs. Our experience on both sides of disputes gives us unique insights and abilities to resolve disputes efficiently and successfully.

We have either won or settled favorably most of the complex commercial matters on which we have been engaged.  Where we provide strategic counseling before or during litigation, we pride ourselves in providing innovative and nuanced guidance tailored to our clients’ needs and objectives.

Representative matters include:

  • Firm lawyers secured defense verdict at trial and successfully defended that judgment on appeal for Fortune 50 financial services firm in $750 million dollar class action alleging breach of contract and violations of state unfair competition law.
  • We prosecuted, on behalf of a major financial institution, breach-of-contract and conversion claims in federal court, and achieved a favorable settlement on the eve of trial after winning summary judgment on defendant's liability.
  • The firm won the dismissal of a Truth-in-Lending Act putative class action against a major financial institution seeking over $100 million in damages and then successfully defended that dismissal on appeal.
  • We secured the dismissal on appeal of a nationwide class action against a major financial institution alleging violations of the Real Estate Settlement Procedures Act.
  • We won a $6.5 million jury verdict for a telecommunications company on breach of contract and other state-law claims.
  • We successfully defended a professional services firm in a case regarding enterprise software implementation against breach of contract and fraud claims alleging over $40 million in damages.
  • The firm won an $8 million arbitration award for private equity firm on breach of contract and fraud claim stemming from the sale of healthcare company.
  • We provided strategic advice to major financial institutions regarding contractual relationships with vendors and business partners.