Complex Commercial Litigation



Protecting your business by resolving disputes predictably and efficiently giving you a competitive edge in the marketplace.

Our approach

Complex litigation can be a costly and disruptive assault on your company.

By knowing your business, its strategic objects and your industry, we provide custom solutions that minimize risk, limit costs and protect your human capital. Collaboration with a firm that knows your business, your goals and your objectives helps to secure success on your terms.

Our deep bench of seasoned trial lawyers protects clients in high exposure “bet-the-company” disputes, class action and aggregate litigation and international arbitration.

We provide efficient, predictable and transparent services customized for your needs through state-of-the-art technology and project management.

We pioneer alternative service models and fee structures to ensure alignment with your needs. We are constantly innovating new ways to deliver client value. We aspire to be your strategic partner in solving your most vexing disputes.

We work with

  • Public and private companies
  • Corporate officers, directors and shareholders

Representative Experience

  • Georgia Tuttle, M.D., et al. v. The State of New Hampshire, Belknap County Superior Court, NH, Docket No. 09-E-148(2009); NH Supreme Court Docket No. 2009-0555 (2010) and related judicial, administrative and legislative proceedings.
    Acted as lead counsel for a consortium of over 300 health care providers, on behalf of themselves and a class of more than 6,000 current or past policyholders in the New Hampshire Medical Malpractice Joint Underwriting Association (JUA), in an action that successfully challenged state legislation that required the JUA to transfer a total of $110 million in alleged excess surplus funds to the state’s general fund in fiscal years 2009, 2010, and 2011. Both the trial court and the New Hampshire Supreme Court ruled in our clients’ favor, holding that the legislation constituted an impermissible impairment of clients’ contract rights in violation of the New Hampshire Constitution. In 2011–2012, we successfully defended clients’ adjudicated rights in a sequence of judicial, administrative, and legislative proceedings culminating in the prosecution of a precedent setting litigation class action. Class certification was granted, summary judgment was obtained and, after a fairness hearing, the Plan of Allocation to return the $110 million in funds to policyholders was approved.
  • Signature Flight Support Corporation v. Landow Aviation Limited Partnership, Case No. 1:08cv955, (U.S. District Court, Eastern District of Virginia, 2010); U.S. Court of Appeals, Fourth Circuit, No. 10-1440, 10-1968, August 9, 2011.
    Represented Signature Flight Support Corporation in a multimillion dollar contract dispute involving a Signature sublessee, Landow Aviation, at the Washington Dulles International Airport. Signature claimed Landow Aviation went beyond what the sublease permitted. After a three-week trial, the court ruled in favor of Signature on all contract issues and entered a permanent injunction forcing Landow to comply with the sublease. The Fourth U.S. Circuit Court of Appeals decision affirms our 2010 trial victory and protects our client’s business interests against improper competition at Washington Dulles Airport for the next 25 years.
  • Skilstaf, Inc. v. CVS Caremark Corp., et al., U.S. Court of Appeals, Ninth Circuit, No. 10-15338, February 9, 2012
    Secured unanimous published decision affirming the U.S. District Court for the Northern District of California’s dismissal of a putative class action filed against national pharmacy chains Supervalu Inc., New Albertson’s Inc., Walgreens Co., Longs Drugs Stores Corp., The Kroger Co., Safeway Inc., Wal-Mart Stores Inc., CVS Caremark Corp. and Rite Aid Corp., which alleged the pharmacies’ participated in an unlawful scheme to artificially inflate drug prices.
    • Wardman Investor LLC v. Marriott International, Inc. and Washington Convention and Sports Authority, Case No. CA 006427 B, (Superior Court, District of Columbia, 2010).
      Represented the Washington Convention and Sports Authority in a case involving a constitutional challenge to the public/private financing of a commercial real estate deal. In a case of first impression in the District of Columbia, the D.C. Superior court ruled that the Washington Convention Center Headquarters Hotel, a $550 million Marriott Marquis Convention Center hotel to be built adjacent to the new convention center in Washington, could go forward as planned.
    • Representation of a large pharmaceutical manufacturer in an action commenced by the Massachusetts Attorney General’s Office alleging that the company violated the Massachusetts Consumer Protection Statute as a result of off-label promotion and the failure to disclose certain product risk information.

    Banker Cannava claims victory over SEC in 38 Studios case

    The Bond Buyer | June 12, 2019

    In the following coverage, Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted regarding the favorable district court decision for Nixon Peabody’s client, a Wells Fargo banker cleared of charges related to his role in the bond transaction for 38 Studios. The team on this matter also included partners Kathleen Ceglarski Burns, Stephen LaRose and Steven Richard, associate Charles Dell’Anno and paralegal Kanda Faye.

    Judge clears banker in 38 Studios case

    The Providence Journal | June 12, 2019

    In the following coverage, Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted regarding the favorable District Court decision for NP’s client, a Wells Fargo banker cleared of charges related to his role in the bond transaction for 38 Studios. The NP team on this matter also included partners Kathleen Ceglarski Burns, Stephen LaRose and Steven Richard, associate Charles Dell’Anno and paralegal Kanda Faye.

    How I Made Partner: Nixon Peabody’s Kathleen Ceglarski Burns

    Law360 | May 31, 2019

    In this Q&A, Boston Complex Commercial Disputes partner Kathleen Ceglarski Burns discusses her legal career and path to partnership.

    Barclays, law firm force old-debt fight into arbitration

    Law360 | April 30, 2019

    Boston Complex Commercial Disputes associate Morgan Nighan is mentioned in this story for her co-representation of Barclays Bank Delaware in a successful effort to dismiss a proposed class action involving the collection of time-barred debt from credit customers.

    Litigators of the Week

    Law.com Litigation Daily | April 04, 2019

    Manchester Complex Commercial Disputes partner Scott O’Connell, head of the Litigation Department, is named one of the Litigators of the Week for securing an award of legal fees for his clients, a group of 26 New Hampshire hospitals who sued the Centers for Medicare and Medicaid Services. The litigation team also included Boston Complex Commercial Disputes associates Morgan Nighan and Kierstan Schultz.

    Accountants, What Are They Good For? Mass. Top Court Asks

    Law360 | March 05, 2019

    Boston commercial complex disputes counsel Ronaldo Rauseo-Ricupero is quoted in this article and noted as the attorney representing Chelsea Housing Authority in Massachusetts in an accounting lawsuit.

    Daily Dicta In air crash suit jury sides with Nixon Peabody and Akerman client Daher-Socata

    American Lawyer | November 20, 2018

    This article quotes Long Island Complex Commercial Disputes partner Joe Ortego throughout and provides an in-depth look at the recent three-week jury trial in Broward County, Florida, where Nixon Peabody’s trial team helped secure a defense verdict for client Daher-Socata Aerospace.

    Florida jury clears aircraft maker in personal injury suit

    Law360 | November 18, 2018

    Long Island partner Joe Ortego, San Francisco partner Brian Dalrymple and Buffalo associate Erik Goergen, all of the Complex Commercial Disputes practice group, are mentioned in this story for securing a jury trial victory for Daher-Socata Aerospace in a complex, three-week trial in Florida.

    AngioDynamics says rival must stay in $145M damages row

    Law360 | September 18, 2018

    Albany Complex Commercial Disputes partner Bill Reynolds is mentioned in this story for his representation of AngioDynamics Inc. in an ongoing dispute with Biolitec AG.

    Court orders Pittsford board to approve controversial Westport Crossing

    Democrat & Chronicle | September 13, 2018

    Rochester Complex Commercial Disputes partner Chris Thomas is quoted in this article for his representation of a developer in its efforts to build a luxury apartment complex in Pittsford, NY.

    State AGs at odds over Google privacy pact at high court

    Law360 | September 05, 2018

    This article mentions Complex Commercial Disputes partners Chris Mason, Sarah André, Dan Deane and Seth Horvath as counsel for The New York Bar Foundation and The New York State Bar Association in an amicus brief—filed with the United States Supreme Court—in support of the approval by a California District Court, and the Ninth Circuit, of Google’s settlement involving a “cy pres” remedy in a privacy-related case.

    Post-acquisition dispute resolution challenges

    Financier Worldwide | August 31, 2018

    Boston Complex Commercial Disputes partner Jon Sablone is quoted in this article for his outlook on the most common disputes in transactions and the easiest way to avoid them.

    According to a recent study/survey … End-of-August 2018 edition

    Modern Restaurant Management | August 29, 2018

    This end-of-month roundup of top restaurant news includes highlights from Nixon Peabody’s Food, Beverage & Agriculture team’s quarterly Crystal Ball outlook report. Boston Financial Restructuring and Bankruptcy partner Lee Harrington, Los Angeles Corporate partner Ellie Altshuler, Rochester Corporate partner Tyler Savage, and Buffalo Complex Commercial Disputes associate Tracey Scarpello are quoted.

    Consumer protection – preemption – eyedrops

    Massachusetts Lawyers Weekly | August 27, 2018

    Litigation Department head Scott O’Connell is mentioned in this case summary for his role as co-counsel for a group of pharmaceutical companies. The companies successfully defended a suit by a class of customers seeking to force changes to the design of the companies’ eyedrops bottles.

    Federal bar lauds adoption of ‘Kelvey’ depo standards

    Rhode Island Lawyers Weekly | August 15, 2018

    Providence Complex Commercial Disputes partner Steven Richard is quoted in this article about a District Court ruling that affirms the Kelvey rules of conduct for depositions, which are already standard among many attorneys in federal court.

    Mass. top court nixes 911 suit, bars LLC whistleblowers

    Law360 | August 06, 2018

    Government Investigations & White Collar Defense partner Bill Codinha and Complex Commercial Disputes associate Chris Queenin are mentioned in this story as counsel to telephone provider Paetec Communications Inc. in an ongoing matter regarding emergency dispatch surcharges paid to Massachusetts.

    Senate approves limits on ‘noncompete’ clauses

    The Boston Globe | July 25, 2018

    Boston Complex Commercial Disputes partner Matt McLaughlin is quoted in this article for his view on the “garden leave” provision in the Massachusetts Legislature’s proposed bill restricting noncompete clauses.

    Legal implications of 3D printing in construction loom

    Engineering News-Record (ENR) | June 27, 2018

    San Francisco complex commercial disputes associate Aldo Ibarra wrote this contributed article on the legal implications of the increasing use of 3D printers in large-scale construction projects.

    New Hampshire, hospitals strike $1.7 billion reimbursement deal

    Reuters | June 05, 2018

    Litigation Department Chair Scott O’Connell is quoted in this article on a “significant breakthrough” the Nixon Peabody team achieved in its representation of a group of 26 New Hampshire hospitals seeking reimbursement from the state for indigent care costs.

    When a fee becomes a tax: The difference between NH’s two key funding sources

    New Hampshire Business Review | May 10, 2018

    Manchester complex commercial dispute associates Kierstan Schultz and Nate Warecki authored this column discussing how New Hampshire distinguishes the difference between taxes and fees, the government’s two main sources of revenue, under law.

    Contacts

    Stephen M. LaRose

    Partner
    Practice Group Co-Leader, Commercial Litigation;
    Deputy Leader, Private Fund Disputes

    slarose@nixonpeabody.com

    Phone: 617-345-1119

    Robert A. Weikert

    Partner
    Practice Group Co-Leader, Commercial Litigation

    rweikert@nixonpeabody.com

    Phone: 415-984-8385

    • U.S. News/Best Lawyers “Best Law Firms” 2019 ranked as National Tier One in Commercial Litigation, Litigation—First Amendment, and Mass Tort Litigation/Class Actions—Defendants. Received Tier One Metropolitan Honors in various cities throughout the U.S. in Appellate Practice; Commercial Litigation, Criminal Defense: White Collar, Litigation—Banking & Finance, Litigation—Bankruptcy, Litigation—Construction; Litigation—First Amendment, Litigation—Labor & Employment; Litigation—Land Use & Zoning; Litigation—Mergers & Acquisitions, Litigation—Real Estate; Litigation—Securities; Mass Tort Litigation/Class Actions—Defendants; and Product Liability Litigation—Defendants.
    • BTI Litigation Outlook 2013
      • “Most Feared Law Firms”—Honor Roll
      • Strong Performance—IP Litigation, Commercial Litigation, Product Liability Litigation
    • Chambers USA/Global
    • Legal 500
    • Benchmark: Litigation/Appellate

    Groundbreaking Class Action Returns $110 Million to JUA Policyholders

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