Litigation
Employment Law | Fiduciary & Trusts | Intellectual Property & Technology Law | Insurance Coverage | Real Estate | Securities Law | Shareholder Disputes | Trade & Anti-Trust Regulation
Duffy & Sweeney litigators have earned a national reputation based on their skill both in and out of the courtroom.
Whether your litigation needs involve disputes related to shareholders or M&A, real estate, healthcare and physicians groups, intellectual property and technology issues or any other business matter, we handle high-stakes cases throughout the country and internationally, focusing time, energy and skills to understand and satisfy both the litigation and the ongoing business needs of our clients.
Our commercial litigation attorney team aggressively and effectively represent clients throughout every phase of the litigation process, from pre-litigation counseling through discovery, trial and appeal, as well using alternative dispute resolution, when appropriate. We use litigation not merely an end in itself, but as a method to deliver the best business solution to each individual client.
“It feels like you’re getting a top-tier firm with better, regional pricing – they’re the equal of any firm in Boston and they cost less.” | Chambers USA: America’s Leading Lawyers for Business
Our office is based on South Main Street in Providence, Rhode Island in the rapidly developing waterfront / I-195 region, connecting the East Side to Downtown and the Knowledge District. Contact us at 401.455.0700.
- In a five-day FINRA arbitration, the D&S team succeeded in proving that an investment advisor, his supervisor and firm were liable for losses resulting from the advisor’s unsuitable investment recommendations to her clients. The FINRA arbitration panel awarded the firm’s clients $347,000, including punitive damages.
- When their client’s business partner attempted to disavow their client’s 50% ownership in the business, D&S attorneys successful established their client’s ownership interest, secured the appointment of a temporary receiver and, ultimately, their client was able to buy-out her partner in a Court-supervised auction.
- When the firm’s South Carolina-based client was sued in RI as the result of a crane sale transacted over the Internet, a jurisdictional battle ensued. Firm attorneys argued that their client’s contacts within RI were insufficient to force the company to face suit here. A Federal Court Judge agreed and ordered the case transferred to the client’s home state, South Carolina.
- Successfully defended a self-insured medical institution in connection with multi-million products liability class action brought against insureds, negotiating resolution prior to class certification
- Secured settlement for a Rhode Island-based company in a six-figure malpractice action against the accounting firm that audited the company’s ERISA-governed employee retirement plan.
- Represented a former CEO/Director accused by her former employer of stealing trade secrets, breaching fiduciary duties to the company, and causing the company multiple millions of dollars in damages. After initial expedited proceedings, the company withdrew its request for preliminary injunction; the firm’s client counter-sued on several grounds including employment discrimination. D&S defeated two separate motions by the company to cut off the client’s right to indemnification for her legal fees and the company, ultimately, was forced to pay all legal fees. The case finally resolved through a confidential settlement.
- Successfully defended trustees against fiduciary claims, after an 11- day trial in Rhode Island Superior Court, and obtained an award of both executor and trustee compensation.
- Successfully defended a boat manufacturer, after a nine-day arbitration, against claims of fraud, defect and product liability arising out of the manufacture of 3 large passenger ferries.
- Successfully prosecuted to settlement on the eve of trial claims on behalf of its technology client arising out of a failed SAP global ERP implementation.
- Represented a leader in the floriculture sector, with distribution capabilities worldwide, against whom a plaintiff brought suit in Rhode Island. The D&S team had the case dismissed for lack of personal jurisdiction and received a written decision from the US District Court for RI which addressed the critical issues and adopted the D&S team’s argument.
- Defended a Fortune 100 company in a large and multi-faceted patent case in multi-district litigation in the Central District of California. The case successfully concluded, after the firm obtained a decision on all claims of no literal infringement and invalidated several claims in a combined attack before the Court and the Patent and Trademark Office.
- Represented a department of state government in a contract dispute with a key technology vendor resulting in a settlement, avoiding the cost of litigation and eliminating future liability for a savings of over $1 million.
- Represented a leading technology company in a dispute over payment for services in designing a website for a sports-related social media client that, after taking possession of its design, refused payment and later brought suit in New York. The D&S team succeeded in securing a ruling from Federal District Court defeating the opponent’s attempt to have the case heard in New York and securing jurisdiction in the client’s home state of RI.
- When a firm client in the music technology and consumer electric products industry was accused of patent infringement, D&S filed a declaratory judgment suit in Florida. The opponent moved to dismiss the Florida suit, but D&S attorneys prevailed, obtaining dismissals of infringement suits filed in Florida and Washington on the same patent.
- Secured a $1.2 million judgment, including attorneys’ fees and punitive damages, resulting from an employee’s breach of non-compete and confidentiality provisions in his employment agreement. The case was tried to a jury on behalf of a Rhode Island publicly traded company against its former employee and competitor.