Litigation
If you or your business has been harmed or has been accused of wrongdoing, chances are we can assist. We are proud to announce that both Robert Cohan and Jonathan Plaut have been selected as “Massachusetts Super Lawyers” in the field of litigation. Cohan Plaut LLP provides its clients with a wide range of litigation and pre-trial dispute resolution services. We represent clients in all aspects of litigation, from preliminary injunction hearings (where we have secured millions of dollars of assets for our clients in pre-trial security) through trials and post-trial proceedings. We represent clients in state jury trials, federal jury trials, jury waived trials, appeals, magistrate hearings, mediations, arbitrations through the American Arbitration Association.
Effective dispute resolution often involves helping the client avoid litigation. In cases where private settlement of disputes is possible, we advocate on behalf of our clients in attempting to negotiate pre-trial resolutions to a wide variety of business, employment and personal disputes.
Some of the many areas in which we represent clients include the following:
- Business Litigation and Arbitration
- Personal Injury Cases
Partnership and Equityholder Disputes - Commercial Real Estate Litigation
- Contract Breach and General Tort Litigation
Attorney, Accountant and other Professional Malpractice Litigation - Contractor Litigation
Business Trade Secret and Intellectual Property Misuse Cases - Collections
- Banking Litigation
- Family Litigation (Divorce and International Child Custody matters)
- Probate Litigation
- Criminal Defense
- Representation of Professionals Before Regulatory Boards
Attorney, Accountant and other Professional Malpractice Litigation
We represent people who have been harmed by the conduct of their former attorneys, accountants and other professionals and we represent professionals who are accused of malpractice and other wrongdoing. These cases can take many forms, including claims that the attorney failed to adequately prosecute or defend the client’s case, the attorney failed to timely advise the client as to the client’s rights and obligations, the attorney retained unlawfully high fees, the attorney favored one client’s interests over another client’s interests, the attorney failed to file claims within the statute of limitations, or any other of a host of conduct that occurs within the attorney-client relationship. Accounting malpractice also takes many forms including incorrect financial advice. Where other professionals such as architects, trustees and insurance advisors cause damages, we can be of assistance.
Banking Litigation
Banks owe duties to their account-holders and borrowers. We represent borrowers and account-holders where their banks fail to honor their obligations. Recently we prevailed in a multi-million dollar suit against a major regional bank on behalf of a depositor who was harmed by the bank’s failure to implement proper account management protocols.
Probate Litigation
We represent probate executors, administrators, legatees and beneficiaries in disputes of wills and trusts. We represent trustees, executors and fiduciaries in cases where they are accused of failing to abide by their duties owed to their beneficiaries. We also represent trust beneficiaries and legatees who have been harmed by self-dealing and other fiduciary breaches of those who had an obligation to marshal and maximize the value of trust assets. We litigate the validity of wills and trusts where appropriate.
Representation of Professionals before their Regulatory Boards
We represent a wide variety of professionals before their regulatory boards, including teachers, accountants, attorneys, physicians, physical therapists, nurses and chiropractors who have been accused of not upholding the standards of their professions. Attorney Cohan is a former member of the Board of Registration of Chiropractors.
Discrimination Cases
We represent both employees and employers before the Massachusetts Commission Against Discrimination, relating to charges of race and gender discrimination. We advance our clients’ State and Federal civil rights through litigation, where appropriate.
Business Litigation
We represent a wide array of businesses, partnerships, corporations and individuals in litigations, arbitrations and dispute resolution. We represent individuals and business who have legal claims against their business partners and business officers. In certain instances, this can take the form of shareholder derivative suits or suits by or against corporate officers or directors. In recent years we have argued before the First Circuit Court of Appeals in a case involving law school accreditation, and we argued before the Massachusetts Supreme Judicial Court in a stockholder dispute and a case involving an investment advisor. We brought an action against a major sneaker and apparel company for breach of contract arising out of hospitality services at the 2004 Olympic Games in Athens, Greece, and we represented former members of rock supergroups Black Sabbath, Quiet Riot and Rainbow in record company contract disputes and negotiations. We have also brought state and federal litigation on behalf of numerous persons victimized by real estate equity-stripping schemes, claims on behalf of a commercial developer against an engineering firm which provided an incorrect zoning code analysis on parcel of undeveloped land, and claims involving book publishing rights and credits. We also represent businesses that are in the process of dissolving, and persons who have equity interests in dissolving corporations. We assist persons in protecting their interests when businesses dissolve or when they have outstanding relationships with – or debts owed from – a dissolving business.
Personal Injury Litigation
We represent numerous clients who have suffered serious injuries arising out of automobile accidents, bicycle accidents, intentional torts and faulty and products liability from dangerous products, including several high damage cases.
Commercial Real Estate Litigation
We represent purchasers, sellers and developers of commercial real estate and tenants and landlords of commercial properties in litigation and dispute resolution. This can take the form of negotiating lease contracts and purchase and sale agreements, and terminations of such lease and purchase and sale agreements.
Contract Breach and General Tort Litigation
Many but not all contract disputes arise out of written agreements. We represent clients in a wide variety of contract disputes, including written contract claims, oral contract claims, claims arising out of contracts entered into by estoppel, and quasi-contract claims. We also bring claims arising out of common law torts including defamation, fraud, conversion, intentional infliction of emotional distress and negligence, among others.
Contractor Litigation
We represent homeowners who have not received good services from their contractors and real estate developers, and we represents contractors and developers who have rendered services but who have not been paid or who have been accused of not providing good and workmanlike services.
Business Trade Secret and Intellectual Property Misuse Cases
Businesses are sometimes victimized by former employees or commercial competitors who misappropriate their trade secrets, customer lists, and other protected intellectual property. We advocate for those interests and seek, where appropriate, injunctive relief to prevent against the dissemination and misuse of essential business secrets and information. Please note that we are not a patent law firm.
Family Litigation
We handle divorce actions, separate maintenance and support cases, international child custody cases, special needs student cases, adoption cases, domestic abuse cases, family court contempt actions, and school expulsion cases.