At Demeo LLP, we seek the optimal resolution for our clients from both a cost and results perspective. The Firm has successfully resolved disputes for clients prior to litigation through zealous advocacy and skilled negotiation. When pre-litigation resolution is not possible and litigation is necessary, the Firm provides aggressive, result-oriented and cost-effective representation to our clients.
Please use the navigation to the left to learn more about the various practice areas in which Demeo LLP specializes.
Demeo LLP has a record of success in representing its clients in federal and state Appellate Courts.
Recent appeals cases include:
- Representing Bank of America at the Massachusetts Appeals Court, where we asked the Court to uphold the Trial Court’s grant of summary judgment and attorney’s fees award obtained by the Firm in a case concerning enforcement of interest rate swap agreements.
- Successfully represented Fortune 250 company at the Massachusetts Appeals Court in a dispute concerning a terminated executive’s claim for stock options and other compensation. The Appeals Court upheld the Trial Court’s order of summary judgment obtained by the Firm in the client’s favor.
- Successfully argued an appeal in First Circuit Court of Appeals on behalf of medical software company after obtaining summary judgment award of $1.38 million, including attorney’s fees, on breach of contract claim.
- Successfully represented manufacturer of analytical instruments in the Massachusetts Appeals Court on a contract claim by an outside sales representative for commissions. The Appeals Court upheld the lower court’s decision on summary judgment in favor of the Firm’s client.
- Defeated an appeal by a Massachusetts town seeking dismissal of Plaintiff’s claim that the town and its manager violated the Massachusetts Uniform Procurement Act and unfair and deceptive trade practices statute in connection with a public bid.
The Firm maintains a comprehensive bankruptcy practice, representing all major constituencies of the insolvency process. Founded in 2007, the Bankruptcy Practice Group combines nearly 60 years of experience in the insolvency, debtors’ and creditors’ rights practices. The Bankruptcy Practice Group’s breadth of experience ranges across industries—retail, manufacturing, service sector, life sciences, educational institutions and more. The Firm provides bankruptcy and related services in the areas of:
Bankruptcy Professionals—The Firm is routinely approved as counsel to all major parties in the bankruptcy process, including Chapter 11 debtors, official committees of unsecured creditors, and court-appointed trustees in both Chapter 7 and Chapter 11 cases:
- Counsel have participated in the representation of complex Chapter 11 cases for diverse debtor entities, from video rental retailers to art supply and print sellers to precision-machined parts manufacturers.
- Attorney Anne J. White of the Firm is a member of the panel of Chapter 7 Trustees appointed by the Office of the United States Trustee. Attorney White is also frequently appointed as Chapter 11 Trustee in cases throughout the District of Massachusetts. The Firm has successfully represented Attorney White in recent cases wherein she was able to repay all creditors in full, with interest, and additionally provide distributions to shareholders or a surplus to the debtor.
- The Firm’s representation of creditors’ committees remains an essential aspect of the Bankruptcy Practice Group’s services. Providing informed advice to committees ensures the active and effective participation of such groups in the Chapter 11 reorganization process.
Creditors’ Rights—The Firm’s creditors’ rights practice necessarily encompasses a variety of matters. These matters include individual creditors, both secured and unsecured, as well as creditor committees and informal creditor compositions. Representative matters include:
- Relief from the automatic stay imposed by the Bankruptcy Code.
- Continuation of pending litigation in either the Bankruptcy Court or, through relief, in the Court of original jurisdiction.
- Attendance at meetings of creditors pursuant to section 341 of the Bankruptcy Code.
- Defense of avoidance actions, including actions to recover preferential transfers, fraudulent conveyances, recharacterization of debt, and related matters.
- Prosecution of global nondischargeability actions and actions to determine dischargeability of individual debts.
Consumer Debt Relief—The Firm offers debt-relief counseling and advice to individual and corporate debtors for all manner of debts, including consumer, credit card, medical, divorce and other matters. Often a flat-fee arrangement can provide immediate and comprehensive relief for consumer debtors in a number of areas:
- Chapter 7 liquidation, and the discharge of substantially all ordinary unsecured debts.
- Chapter 11 reorganization, to retain and preserve valuable assets such as income rental property or business interests.
- Elimination of mortgage liability, foreclosure deficiencies and related debts.
- Preservation of exempt assets under applicable exemption laws, including the Bankruptcy Code and Massachusetts state-based exemptions.
- Negotiation with secured lenders with respect to mortgage modifications and similar relief.
Non-Bankruptcy Alternatives—Numerous non-bankruptcy alternatives for reorganization or liquidation exist. The Firm has extensive experience on both the creditor and debtor sides of such disputes:
- State-law receiverships;
- Assignments for the benefit of creditors;
- Forbearance agreements between secured lenders and debtors;
- Injunctive and other pre-judgment relief against defendants;
- Repossession of collateral and enforcement of liens under the Uniform Commercial Code; and
- Other informal workout scenarios.
The Firm’s bankruptcy and insolvency expertise provides clients with agile, responsive solutions in the specialized world of bankruptcy and the fast-paced distressed business environment. The Bankruptcy Practice Group also delivers individualized strategies for consumer debtors, with proven results. Coupled with the Firm’s recognized litigation services, clients are assured of consistent, broad and complete legal and strategic support throughout their representation.
Members of the Firm’s Bankruptcy Law Group are Alex F. Mattera, Chair, and Anne J. White, Chapter 7 Trustee.
Demeo LLP represents clients in a range of business disputes, including complex commercial cases, shareholder disputes, commercial real estate cases, copyright, trademark and licensing, construction, and unfair trade and unfair competition matters. Our attorneys draw upon many years of experience and skill to provide swift, effective representation to our business clients. The Firm has extensive experience in quickly obtaining pre-judgment injunctive relief, moving for and opposing dispositive motions and aggressively gathering and preserving evidence for our clients’ cases. The Firm has significant experience representing clients in complex civil litigation matters in state courts, including the Business Litigation Session of the Massachusetts Trial Department and the Delaware Court of Chancery, as well as Federal courts throughout the United States.
In recent cases we:
- Successfully represented a national banking institution in a complex contract action recovering $11 million.
- Represented major retailer in 12-day jury trial on a contract claim. After compromise verdict, obtained judgment notwithstanding the verdict totaling $1.37 million.
- Successfully represented publicly-traded companies in separate litigations concerning exclusive distribution agreements. The Firm defeated motions for preliminary injunction.
- Represented Fortune 250 company in array of matters, including: obtaining summary judgment dismissal of plaintiff’s case and successfully defending lower court decision before Massachusetts Court of Appeals; procuring favorable settlement in action initiated under the Lanham Act; and prevailing on appeal of lower court decisions dismissing plaintiff’s $2,000,000 contract claims at summary judgment and motion to dismiss stage.
- Obtained summary judgment in favor of client Bank of America in a decision awarding more than $700,000 in contract damages and attorney’s fees to the bank.
- Successfully arbitrated copyright dispute on behalf of publicly-traded software company resulting in arbitration award of $721,000 plus attorney’s fees and interest.
- Represented a European-based public software company in litigation in California, New York, Illinois, Texas, Virginia, Alabama, and Massachusetts.
- In 21-day jury trial represented defendant of member of limited liability company. Client’s potential exposure was $5 million but offsetting awards effectively resulted in defense verdict.
- Mediated claims to resolution resulting in significant settlement payments to clients in breach-of-contract cases relating to real estate development, product development deals and partnership distributions.
- Defeated motion to dismiss in case of first impression involving conflict-of-laws analysis and Massachusetts Anti-Wiretapping Statute.
- Represented a major mutual fund company in various litigation matters.
- Represented numerous shareholders in litigation related to shareholder and fiduciary liability.
- Represented international speech and imaging technology company in an arbitration seeking damages from for alleged breach of software bundling agreement.
- Obtained a $1.3 million judgment following arbitration for an Internet-based communications service company against an e-mail and messaging business in an action for breach of asset purchase agreements.
- Represented a global contract services company and several other companies in the enforcement of non-competition, non-solicitation agreements and trade secret claims.
- Represented numerous software manufacturers in license, copyright and trademark disputes.
- Represented a VoIP carrier in litigation in the United States and overseas.
- Represented a restaurant franchisor in connection with numerous disputes concerning restrictive covenants.
- Represented national retail chain in connection with contract dispute with market research firm.
- Represented a major real estate developer in an action against a municipality involving the procurement of a public contract.
- Represented several developers and owners of real estate in a wide range of matters, including shareholder, commercial leasing and adverse possession disputes.
- Represented a major provider of internet advertising in a broad array of litigation matters throughout the United States.
- Successfully defended a British multi-national metal forming corporation in a suit brought by a Massachusetts company seeking contract damages and attempting to pierce the corporate veil.
Demeo LLP represents creditors of all sizes, from national banking institutions and public companies to sole proprietorships. The Firm has experience in bringing actions for recovery of debt and repossession of collateral, foreclosure, securing judgment through injunctions and other pre-judgment relief, and enforcing creditors’ rights under the Uniform Commercial Code and other applicable law in many jurisdictions. Pleaes see our bankruptcy practice area page for more information regarding our representation of creditors.
Demeo LLP represents employers across all major industries – from small companies to major U.S. corporations – in all facets of their relationships with employees.
The Firm represents clients in federal and state court and in proceedings commenced in federal, state, and local agencies in cases involving the full scope of employment issues, including the following:
- Federal and state employment discrimination statutes;
- Non-competition, non-solicitation, non-disclosure, trade secret, and related litigation;
- Common law claims, such as wrongful termination, breach of contract, infliction of emotional distress, conspiracy, and defamation;
- Negotiation and drafting of separation and severance agreements;
- Family and Medical Leave Act claims;
- Wage and hour disputes; and
- Wrongful termination and breach of employment agreements.
- Demeo LLP’s clients include Fortune 500 companies, closely-held businesses and senior level executives and management employees. The Firm’s Employment Law Group consists of seasoned litigators with broad experience covering all facets of employment law.
While Demeo LLP focuses on avoiding litigation in all employment disputes, if litigation does become necessary, the Firm is prepared to obtain the most favorable result in an aggressive, yet cost-effective manner. The Firm possesses extensive trial and alternative dispute resolution experience.
The Firm also advises clients on internal personnel issues, including:
- Questions regarding progressive discipline for difficult employees;
- Proper methods for terminating employees;
- Responding to and investigating harassment claims;
- Leave of absence;
- Reasonable accommodations; and
- Privacy issues.
Illustrative matters include:
- Reaching a favorable settlement with the U.S. Department of Labor in the face of a possible class action, which threatened to force the client to close the doors of a successful local establishment.
- Successfully negotiating the resolution of a prevailing wage claim brought by the Attorney General against a local irrigation company.
- Defeating Plaintiff’s attempts to obtain injunctive relief against the domicile of the former president of a limited liability company based on the personal liability provisions of the Wage Act. The Court accepted our argument that the Wage Act does not allow for personal liability against executives of limited liability companies.
- Successfully defending clients at the Massachusetts Commission Against Discrimination and in Superior Court, and obtaining fair severance packages for executives upon separation from employment.
- Defending an executive management firm and its executives in a case brought by former employer alleging breach of employment agreement and intentional interference with advantageous business relations. The Firm recently defeated plaintiff’s Motion for Preliminary Injunction in this matter.
- Representing a company in a case brought against former managerial employees and competitor alleging breach of duty of loyalty, misappropriation of trade secrets and intentional interference with advantageous business relations.
Members of the Firm’s Employment Law Group are Christopher M. Waterman, Chair, and Lawrence S. Delaney. Members are admitted to practice in Massachusetts, New Hampshire and Maine.
The Firm represents clients in probate and estate litigation matters. Our attorneys have experience representing fiduciaries, heirs-at-law, devisees and legatees in will contests and equity actions involving undue influence, unsound mind, duress and wrongful death.
Recent matters include:
- Successfully defending executrix in a will contest where heirs alleged the executrix unduly influenced the decedent into leaving the majority of her sizable estate to the executrix;
- Representing sibling-plaintiffs in an equity action against their brother to void a deed and codicil alleging undue influence and intentional interference with inheritance.
Demeo LLP has extensive experience representing both minority and majority shareholders in disputes involving closely-held businesses.
In recent cases we:
- In 21-day jury trial, represented defendant of member of limited liability company. Client’s potential exposure was $5 million but offsetting awards effectively resulted in defense verdict.
- Defended the interests of majority shareholders against direct and derivative claims brought by other shareholders;
- Represented minority shareholders of a family business in connection with an action for rescission of a stock sale, accounting, constructive trust, and breach of fiduciary duty.
- Obtained an injunction, trustee process and reach and apply attachments on funds of shareholder who substantial amounts to the company client.
Demeo LLP represents witnesses, subjects and targets of state and federal grand juries. Whether it is a subpoena to testify before the grand jury or a subpoena to produce documents, Demeo LLP lawyers help clients navigate through their rights and responsibilities, aid clients in preserving important personal and corporate privileges and negotiate immunity agreements for their clients. Effective representation at the grand jury stage often permits clients to avoid criminal charges that otherwise would have been brought. Our greatest successes in this area are for clients who cannot be named because they have avoided public charges and scrutiny.
Demeo LLP has a substantial and experienced injunction practice. The Firm has sought and obtained injunctions in numerous cases involving non-competition, non-solicitation and trade secret cases. The Firm has also successfully defended its clients and defeated injunction motions in commercial contract cases. The Firm has represented Bank of America and US Trust in numerous cases involving departing brokers. The Firm has also represented executives, entrepreneurs and brokers in cases to defeat injunction motions.
Demeo LLP has extensive experience obtaining pre-judgment relief to secure assets that will satisfy a judgment at the end of litigation. These pre-judgment remedies include obtaining injunctions prohibiting defendants from depleting any assets available to satisfy a judgment, obtaining attachments on bank accounts and other personal property, repossessing collateral, and obtaining reach and apply injunctions on monies owed to the defendants by third-parties. In addition to securing the judgment, these pre-judgment remedies often prove helpful in facilitating settlement.
Our attorneys have worked with several large insurers to defend claims related to discrimination, breach of contract, fiduciary liability, products liability, professional liability (including the defense of legal malpractice, accounting malpractice and insurance broker malpractice), as well as claims brought against securities broker-dealers and their registered representatives.
Illustrative matters include:
- Successfully defending an employer against claims alleging discrimination based on gender, age and disability.
- Representing an insurer in connection with a breach of contract and unfair and deceptive trade practices action.
- Defending an insurer in a wrongful death premises liability action.
- Defending lawyers and law firms in an array of lawsuits ranging from claims involving failure to file suit within the appropriate statute of limitations to claims of failure to properly handle multi-million dollar patent disputes.
- Defending accountants and insurance brokers in trials relating to alleged malpractice.
- Defending securities broker-dealers and registered representatives in arbitrations involving claims of churning, unsuitability and unauthorized trades.
The Firm represents several publicly-traded software and technology companies. Demeo LLP provides knowledgeable and aggressive advocacy in licensing, copyright and trademark cases, as well as misappropriation of trade secrets and unfair competition. The Firm has successfully sued and obtained settlements or judgments from corporate defendants in Canada, England, France, Germany, Israel, Nigeria, and the Ivory Coast.
Illustrative matters include:
- Obtaining a $720,000 judgment plus attorneys’ fees in favor of international speech and imaging technology company against software company for copyright infringement and breach of a licensing agreement.
- Shutting down Web sites selling pirated copies of our clients’ software.
- Representing clients in connection with software piracy, internet fraud, internet defamation, and cyber piracy.
- Representing international speech and imaging technology company in an arbitration seeking damages from software company for alleged breach of software bundling agreement. The Firm recently defeated defendant’s Motion for Summary Judgment and obtained leave to depose the defendant.
The Firm has an extensive commercial and residential real estate litigation practice. The Firm has successfully represented landlords, developers and property owners in actions to enforce rent and other lease obligations and in adverse possession and zoning disputes.
Illustrative matters include:
- Representing a regional real estate development company in connection with a public bid dispute concerning a $2 million contract.
- Representing a telecommunications provider in connection with a multi-million dollar commercial lease dispute.
- Representing a financial institution in connection with a commercial lease dispute.
- Representing condominium association in connection with numerous collection actions against unit owners for past due common expenses.
- Representing commercial landlord in connection with coverage dispute against insurance company.
Demeo LLP represents clients seeking tax abatements at both the city and state level. Our experience includes representing clients in valuation and charitable exemption cases before the Appellate Tax Board.
Representative matters include:
- Representing a skating club before the Appellate Tax Board in its appeal to have the skating club recognized as a charitable organization and its property receive tax-exempt status.
- Successfully representing commercial and residential landowners in tax appeals regarding overvaluation of property.
The Firm has represented numerous developers and land owners in disputes regarding land use, permitting, trespass and adverse possession claims.
Representative matters include:
- Successfully representing a corporation in a jury-waived trial to quiet title in which defenses included claims of adverse possession.
- Successfully representing a developer in obtaining summary judgment and prevailing on appeal in an action involving title to real estate.
- Successfully representing developers in obtaining subdivision special permits.
- Successfully representing a commercial property owner in an adverse possession claim to recover land in Boston.
- Successful defense of Town at trial in nuisance action brought by a homeowner based on flooding resulting from road improvements.
- Appeals in the Land Court and in Superior Court of decisions by Planning Boards, Zoning Boards of Appeal and Conservation Commissions.