Practices
Litigation
Business and Commercial Litigation

Business and Commercial Litigation

The Business and Commercial Litigation team consists of experienced litigators who regularly represent business entities, in both state and federal courts, in a wide variety of disputes. We handle all types of commercial litigation, including broker/dealer disputes, business and partnership disputes, tax disputes, injunctions, breach of contract and securities class actions. Given the depth and breadth of this practice at Shipman, we are able to match clients with the appropriate cross-disciplinary team of litigators best positioned to succeed at trial on their behalf.

Whether contract cases (such as claims arising from agreements to sell business assets and/or stock) or tort cases (such as claims of tortious interference with contract, unfair competition, or breaches of fiduciary duty) we ably represent corporations, partnerships, or other business entities, working quickly and collaboratively to achieve the clients' goals and to minimize disruptions and costs to their businesses.

We are accustomed to the complex procedural and strategic issues that often characterize business cases, and we take the time to understand your business. Because of our size and experience, we are able to handle the most challenging and complex cases, while at the same time providing you with the personalized service and attention that our clients expect and that is the hallmark of Shipman's representation.

Experience

Bankruptcy and creditors' rights litigation

Foreclosure/Bankruptcy Action for Bank

Financial Institution

Obtained judgment of strict foreclosure on behalf of bank whose customer operated gas station, convenience store and car wash. Obtained relief from stay in related Bankruptcy Court litigation, enabling bank to complete foreclosure action.

Replevin Action for Bank

Financial Institution

Obtained a prejudgment order of replevin, followed by a judgment, in favor of a bank whose customer, a boat dealership, defaulted in connection with a floorplan financing arrangement. As a result of the replevin order, the bank was able to secure possession -- and subsequently liquidate -- its collateral, consisting of eight boats in Connecticut.

Letter of Intent Dispute

Healthcare Management Firm

Represented healthcare management firm in adversary proceeding commenced in United States Bankruptcy Court, Southern District of New York. Action involved claim that defendant breached letter of intent to acquire plaintiff's business.

Business tort/commercial litigation

Successfully Obtained Order Dismissing Complaint in Identity Theft Case

Obtained order dismissing complaint brought by person claiming negligence, unfair trade practices and HIPPA violations arising out of alleged failure to obtain sufficient identification of patient in case of identity theft.

Awarded Summary Judgment in High Stakes Case for Global Technology Research and Advisory Firm

Awarded summary judgment, affirmed by a unanimous decision of the Connecticut Supreme Court, on behalf of a global technology research firm who was sued for defamation and unfair trade practices. The plaintiff alleged, in substance, that statements made by our client in a research report were defamatory and motivated by a “pay-to-play” business model which rewarded vendors who purchased substantial services from our client and punished those who did not. After the trial court granted our motion for summary judgment dismissing the lawsuit, the plaintiff appealed. The Connecticut Supreme Court unanimously affirmed the trial court’s dismissal, holding that the statements in the report were non-actionable expressions of opinion, and that no credible evidence existed to support the pay-to-play argument made by the plaintiff.

Shareholder Dispute Involving Closely Held Corporation

Closely Held Corporation

Represented shareholder of closely held corporation in action involving claims and counterclaims asserting breach of fiduciary duty, breach of shareholder's agreeemnt, usurpation of corporate opportunity, and violation of the Connecticut Unfair Trade Practices Act.

Data Privacy

Defended manufacturer of time clocks against alleged violation of Illinois Biometric Information Privacy Act, resulting in voluntary withdrawal of lawsuit.

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General

$5.5 Million Judgment for Client Following a Trial Involving Antitrust, Unfair Trade Practices and Breach of Contract Claims

In a case on the Connecticut state court complex litigation docket, the owner of a large gasoline terminal sued our clients claiming antitrust violations, breach of contract, unfair trade practices, misrepresentation, and breach of the implied covenant of good faith and fair dealing. All of the plaintiff’s claims were disposed of before trial, and the case went forward solely on our clients' counterclaim for breach of contract. After two trials and two appeals, the court awarded our clients $5.5 million in damages and attorneys' fees.

Favorable Settlement of Sherman and Clayton Act Claims on Behalf of an International Toy Manufacturer in an MDL Case in New York Federal Court

Over 30 lawsuits were filed nationwide by state attorneys general, groups of consumers seeking class action status, individual companies, and individual consumers alleging widespread antitrust violations under the Sherman and Clayton Acts. Our client, an international toy manufacturer, obtained one of the most favorable settlements.

Represented a Wisconsin Manufacturer in the Lawsuit Resulting in the First Comprehensive Analysis by the Connecticut Supreme Court of the Connecticut Franchise Statute

A distributor sued our client, a Wisconsin-based manufacturer, claiming their relationship constituted a franchise under the Connecticut Franchise Act. Following a three week trial, the court ruled that the relationship did satisfy the requirements of the statute. After a direct appeal to the Connecticut Supreme Court, the Court set out for the first time a detailed analysis of the statute and affirmed the trial court.

Dispute Over Sale of a Motorcycle Dealership Franchise

Major International Automobile Manufacturer

We represented a major international automobile manufacturer in defense of a case brought by an automotive dealer regarding a dispute over the sale of a franchise motorcycle dealership.

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