The Spallina Law Group has year of litigation experience in all areas of civil ligitation.

Introduction

Litigation is often considered to be distasteful, stressful, time consuming and expensive. It can be and often is. Sometimes it is the necessary cost of doing business. But if handled carefully litigation can result in financial results that make it worthwhile. It is not an easy decision to make. By engaging in civil litigation across a broad spectrum of law rather than concentrating in one narrow area of law the firm has a unique perspective on how to handle litigation matters. Our broad experience enables us to quickly assess the method and approach that will favor a client with the best possible results. Our broad experience means that SLG can analyze and plan a litigation strategy that will be cost effective and successful. We are experienced in representing small business who need to pursue their legal rights but are reluctant to hire large corporate firms because of the cost or simply because they will not get the attention they need. If you have a business dispute and need a firm that will devote time and attention to a small business and their needs to resolve those disputes, contact us. Business disputes can include contact disputes, commercial landlord disputes, dissolutions of corporations, stockholder actions against corporations, non-compete violations, trade secret violations, and litigation involving bank loans, commercial loans and intellectual property theft. We have experience litigating these disputes and we have taken business disputes to trial.

Contract Disputes

Business try to write contracts that faithfully memorialize their agreements. But often a problem arises, and the only solution is to engage in litigation. We can help you obtain the benefits you negotiated for and more importantly advise you of the likely course of litigation if you decide to file a lawsuit. Achieving the results you want involves a careful balancing of the costs of litigation and our knowledge of the probable outcome of a court action.

Trade Secret Theft

Trade Secret Theft can cause a business serious harm if not acted on immediately. The loss of business because a legally owned, competitive advantage was stolen and used by others, (usually former employees) needs to be addressed immediately to prevent further damage. Our work includes filing a Complaint for damages, moving quickly to secure an injunction to prevent the unauthorized use of your trade secrets and obtaining any profits others have made by illegally using your protected business property. Contact us immediately if your trade secrets have been taken or are being used by others.

Violation of Non-Compete Agreements

Non-Compete Agreements have been significantly affected by the “Massachusetts Noncompetition Agreement Act.” M.G.L. c. 149, S. 24L, that went into effect in August 2019. If you run a small business and find that a former employee has violated their non-compete agreement, we can determine how you can enforce it and do so in compliance with the new law. If you are a former employee accused of violating a non-compete agreement, we have experience evaluating the claim against you and the ability to defend you against litigation claiming you have breached your non-compete agreement.

Closely held shareholder disputes

Shareholders of small companies find their rights violated by majority shareholders. Unfortunately, it sometimes becomes essential to bring a shareholder suit to protect an investment in a small closely held company. These suits protect a minority shareholder’s rights and can lead to an award of damages or the dissolution and break up of a company freeing a shareholder from the financial and legal restrictions that prevent them from starting a new business.

Insurance disputes

Insurance companies often refuse to pay claims. The firm has successfully litigated cases were insurance companies refuse to pay or settle claims. In some cases, settlement was reached quickly after suit was filed.

Appellate Litigation

We have handled appeals in commercial disputes representing both the prevailing and non-prevailing parties from court actions in the trial courts. Appellate practice is a skill that often requires a new attorney to take a fresh look at a case that has already been litigated. Often that can lead to a resolution short of an appeal. If you were not the prevailing party an appeal needs to be filed quickly and the Appeals Courts have demanding deadlines. We represent small and medium sized businesses in the Appellate process.

Massachusetts State Ethics Commissions Complaints

M.G.L. c. 268 prohibits state county and municipal employees from engaging in conduct that would amount to a conflict of interest with respect to their government position and responsibilities. This included conduct outside of their office. Under certain circumstances private businesses are considered public employees subject to the Conflict-of-Interest Law. We represent both government employees and private businesses in claims brought by the Ethics Commission.

Landlord Tenant Law

The firm handles both residential and commercial evictions. It has represented landlords in Housing Courts and in District Courts. The firm has defended landlords against housing code violations, mishandling of security deposits and premise liability claims. Services include evictions for non-payment of rent, actual move outs of tenants and countering last minute emergency stays of executions by tenants. In addition, the firm repesnts landlords in negotiating and drafting lease with both residential and commercial tenants.

Condominium Law

Condominium litigation includes shareholder derivative suits, suits against condominium owners for unpaid common fees and common area and common charge disputes. The firm also litigates shareholder derivative suits among condominium owners.

Real Estate Law

The firm handles both commercial and residential real estate disputes, including Petitions to Partition in the Land Court, buyer and seller disputes, defective building disputes and contractor disputes. We also represent both buyers and sellers in residential and small commercial real estate transactions.

Evictions

The firm handles both commercial and residential evictions, security deposit disputes and move outs.

Personal Injury Claims

The firm has substantial experience litigating a wide variety of personal injury claims. We will review any personal injury claim you present and advise you of the best possible method for resolving it. Often that involves litigation, but it can be mediation or arbitration instead. If you have a personal injury claims that has substantial injuries, we welcome your request for an evaluation. Premises liability injuries, slip and falls, negligent security and injuries caused by defects are some examples of the types of personal injury claims we litigate.

Premises Liability Claims

Defective floors, stairs, walkways with ice or holes, inadequate security are the types of premises liability claims that can result in serious injury. We argued and won one of the leading presmises liability cases in the Massachusetts Supreme Judicial Court, Sheehan v Roche Brothers. Often premisese liability claims require immediate investigation to document and preserve evidence and to locate witness. If you have a premises liability claim resulting in a serious injury please contact us.

Wage Violation Claims

The Massachusetts Wage Act provides a minimum wage. Often an employee is not only paid less than minimum wage they are denied wages for overtime, paid leave for medical reasons, and other benefits required by law. We have substantial experience litigating wage violation claims . If you feel you have not been paid according to the law we invite you to contact us to review your claim.

Divorce

Family law requires the experience to determine how to efficiently resolve financial and family issues such as parenting time, custody and college education. We have litigated numerous cases in many probate courts and bring an experienced eye to the emotionally fraught litigation that can ensue. We welcome your inquiries about representation in a divorce, custody or parenting dispute.

Custody Disputes

The firm handles custody disputes, parenting time disputes, child support modifications and all child related issues arising out of parenting obligations.

Pre-nuptial Agreements

A well written pre nuptial agreement can eliminate the costly, stressful litigation required for a divorce. The firm has drafted and negotiated prenuptial agreements for couples in anticipation of marriage.

Estate and Will Contests

Whether or not someone is competent to make a will or was unduly influenced to make one (or not make one) results in will contests in the Probate Court. Will contests require a skillful balancing act to make sure the cost of litigation does not exceed the benefits from the estate. They also require a clear, knowing insight into the facts that give rise to a successful will or estate contest. We have litigated these cases and know when there is such a claim worth pursuing and can guide you to a successful outcome if you choose to do so.

Guardianships and Conservatorships

Issues often arise regarding the competency of an adult or the custody of a minor. Guardianship (legal authority over a person) and Conservatorships (legal authority over a person’s estate) involve medical issues, financial analysis and estate planning. All of these issues are involved when you want to present a case seeking a court order granting control of a loved one and their finances. It takes experience and skill to forcefully and clearly present the situation to the court without emotional distortions. The firm litigates these cases in the probate courts representing both the Petitioners (Person who apply for the Guardianship or Conservatorship) and other persons who believe they are the proper custodian of a person or their finances.

Probate of Estates

Whether a decedent dies with or without a will an estate needs to be probated. The firm has wide experience probating estates and selling real estate in an estate