Business Litigation

There is a consumer protection statute in Massachusetts which is also, in part, a business protection statute. G.L. c. 93A, §§2 and 11 are sections of the unfair and deceptive trade practices statute which trigger rights. Many times, a breach of contract or a failure to perform involves an attempt by the other side to a business agreement to force or leverage more benefits or profit from an agreement than the agreement itself provides. Massachusetts has severely punished parties to contracts who fail to perform their agreement in order to extract further concessions and have awarded treble damages and attorney’s fees to the victim of that kind of breach of contract.

Not all breaches of contract rise to the level of scandalous or rascallion behavior necessary to trigger a doubling or trebling of the damages in court but many breaches of contract can lead to an award of attorney’s fees and potentially multiple damages. It takes an experienced lawyer familiar with the unfair and deceptive trade practices statute and familiar with litigation and trial of these cases to put your business’ best foot forward in court on a case of this type.

Many times, these cases can be filed in court or, by agreement, be arbitrated in order to resolve them. Arbitration may be actually included in the original agreement which the other side was breaching At Flynn Law Firm, we are willing to consider alternative fee arrangements in order to open the courthouse doors to businesses who have been so victimized. Not every case should be handled on an hourly basis and not every case should be handled on a pure contingent fee basis, but most cases can properly be handled on a combination basis with a partial flat fee or hourly rate fee and a partial contingent fee so that both your company and Flynn Law Firm share the risk of recovery protecting you from the types of legal fees that would normally be generated by  a typical business litigation firm.

We hope to make your experience with business litigation a win/win proposition for you and for this firm so we can continue to represent you and your business in the future in other matters.