Practice Areas
COMMERCIAL LITIGATION
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Manufacturing supply contract claims
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Tortious interferences with contract and advantageous business relations
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Commercial misrepresentation claims
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Quasi-contract and unjust enrichment claims
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Manufacturing delivery contract claims
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Unfair and deceptive trade practice prosecution and defense
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Commercial espionage liability prosecution and defense
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Trade secret claims
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Commercial real estate disputes, including leasing, usage, waste and fixture claims Subpoena response and defense
COMMERCIAL TRANSACTION DISPUTES
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Breach of Agreements and Plans of Merger
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Representation and warranty claims
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Escrow and purchase price reserve disputes
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Transaction schedule accuracy claims
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Acquisition fraud
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Securities and 10(b)(5) claims
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Failure to close claims
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Equipment purchase contract disputes
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Project financing disputes
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Claims among joint venturers
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Project management claims
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Third party liability claims
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Insurance coverage disputes
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Commercial loan agreements
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Reverse mergers
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Diligence and disclosure obligations
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Breach of professional services agreements
TELECOMMUNICATIONS AND TECHNOLOGY
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Breach of access agreements
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Data center disputes
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Equipment malfunction disputes
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Equipment ownership disputes
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Defense of service outage claims
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Business interruption disputes
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Directory listing claims
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911 routing claims
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Network leasing claims CLECs and ILECs
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Billing disputes of all descriptions
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Agent/reseller claims
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Internet and web hosting agreements
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International data transfer agreements
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Internet “revenge” posting claims
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ISP content claims
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Web design liability and project management claims
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Internet reputation/disparagement claims
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Data breach claim defense
INTELLECTUAL PROPERTY
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Copyright Infringement prosecution and defense
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Trademark infringement prosecution and defense
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Trade dress infringement
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Lanham act claims
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Cease and desist issues
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Co-author publishing disputes
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Author/publisher disputes
CORPORATE GOVERNANCE
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Minority shareholder freeze outs
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Managing Partner/Director termination issues
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Breach of Operating Agreements
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Breach of fiduciary duty claims as to officers, directors, employees, co-venturers
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Executive employment and non-competition agreements
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Misappropriation of corporate assets
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Misappropriation of corporate opportunities
INTERNAL CORPORATE INVESTIGATION
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Accounting restatement issues
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Employee theft and embezzlement
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Corporate officer misconduct
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Sarbanes-Oxley issues
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Contract compliance
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Computer fraud and abuse issues
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Foreign Corrupt Practices Act liability
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Transaction specific fraud and abuse
D&O CLAIMS
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Individual liability defense
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Piercing corporate veil
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Tort liability
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Tax liability
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Insurance Disputes
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E&O coverage disputes
INTERNATIONAL DISPUTES
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Foreign collection of valid U.S. judgments
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Coordinating counsel in multi-jurisdictional litigation involving French and British courts
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Domestic collection of valid foreign judgments
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Foreign depositions via Hague Convention service
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Prosecution of U.S. based claims in French and British courts
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Consulting counsel as to obtaining U.S. jurisdiction for extra-territorial claims
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Insurance disputes for losses occurring outside U.S.
INTERNATIONAL DISPUTES
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Private Placement Memoranda liability
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Rule 10b-5 claims
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Controlling person securities fraud (15 U.S.C. § 78t)
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FINRA arbitrations
CONSTRUCTION CLAIMS
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General contractor claims vs. subcontractors
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Subcontractor claims vs. general contractors
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Defect liability defense
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Undisclosed subsurface condition claims
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Materials claims
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Architectural liability claims
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Project financing disputes
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Project management disputes
ENTERTAINMENT INDUSTRY
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Artist representation - music industry
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Record company representation - music industry
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Recording contract claims - musical artists
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Publishing contract claims - authors
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Publishing contract claims - publishers
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Royalty accounting claims - music and publishing industries
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Film distribution contract claims
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Film processing and digital media claims
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Recording studio representation
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Dance studio representation - finance and landlord/tenant issues
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Artist representation - Artistic Director, Boston Ballet
HEALTHCARE
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Receivables factoring claims
REGULATED INDUSTRIES LITIGATION
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ResnickLaw attorneys have are highly experienced in representing clients whose businesses intersect with complex federal, state and local regulatory frameworks. Frequently, litigation in regulated industries differs in both scope and depth from other commercial disputes. Unlike commercial litigation between private actors, controversies in regulated industries often include exposure to regulatory liability to governmental agencies, which can include substantial penalties, fines and licensing implications. At times, conduct which in other business areas would remain purely civil can implicate criminal liability as well. In addition, class action liability can often result when aspects of a dispute become the subject of required public disclosures. For this kind of litigation, clients require counsel experienced enough to guide the dispute through the regulatory maze, and position the case for optimal results, taking into account the potential regulatory impact on the client’s business. RLL attorneys have represented clients in litigation in the telecommunications industry, in industries utilizing HIPPA protected data, in pharmacy operations, in aviation, in regulated housing and urban redevelopment, and in broadcasting. They are familiar with regulatory frameworks administered by the Federal Communications Commission, the Federal Trade Commission, various state Boards of Pharmacy, state Public Utility Commissions, HIPPA, and Medicare and Medicaid health care related operations. For clients operating in these environments, RLL delivers the kind of thoughtful and experienced representation necessary to bring disputes to a favorable resolution.