A Long Record of Winning Cases Inside and Outside the Courtroom

BMK has experience and expertise in virtually all types of business and other civil disputes in courtroom and arbitration trials, including shareholder/partner disputes in family and closely held businesses, complex business disputes, employee, contract, real estate, construction, probate, and complex personal injury cases.

Whether in state or federal court, at trial or appeal before an administrative agency, or pursuing alternative dispute resolution via mediation or arbitration, our experienced and focused trial team repeatedly outmaneuvers larger, less nimble, and more expensive firms.

Experience and Excellence Equal Results in the Courtroom
With over 35 years of courtroom experience, we provide the highest level of excellence in courtroom advocacy and we routinely achieve the results to prove it.

Aggressive Trial Preparation to Expedite Prompt Resolutions
While our trial results speak for themselves, it’s our goal to prevent lengthy and expensive discovery and motions. Instead, BMK seeks prompt resolution of disputes by aggressively and judiciously preparing cases for trial. Approximately 90% of civil cases settle before trial; however, being prepared and willing to go to trial maximizes settlement results.

On the Leading Edge of Legal Technology
BMK utilizes the latest technology in case management and presentation software to maximize efficiency and ensure our clients receive the most high-impact service possible. This allows us to more effectively bring together the relevant facts, investigative research, documents, people, and issues of each case.

Areas of Expertise

Business Litigation

When conflicts arise between business partners, between a company’s owners and its employees, or among multiple companies, the representation and advice of capable and experienced legal advisors is often needed.

Although BMK has experience advising and representing businesses of all types and sizes, we have particular expertise in the representation of private, closely held companies and partnerships. We recognize that closely held business owners have both their financial and emotional well-being tied to their business, and when disputes arise, there is often more at stake than the bottom line.

Our attorneys have years of trial experience both initiating and defending a broad range of commercial actions including contract and employment disputes, business torts, covenants not to compete, commercial real estate actions and shareholder and partnership disputes. We will work with your management team to explore all available options and develop a litigation strategy that cost-effectively serves your company and itslong-term goals. Whatever type of business you have, we will use our collective wealth of experience andtime-honored team approach to protect your company’s valuable interests.

BMK has expertise in the following areas of business litigation:

  • Business Torts
  • Commercial Real Estate Litigation
  • Contract Disputes
  • Employment Litigation
  • Shareholder and Partnership Disputes
Wage and Hour and Employee Classification Litigation

Under state and federal wage and hour laws, employers are required to pay minimum wage and overtime and to compensate their employees within a specified time frame, generally within a week of when wages are earned. Failure to do so exposes employers to liability for not only unpaid wages but also up to three times that amount in punitive damages. The wage and hour laws apply to highly paid executives as well as hourly workers, and employers are often unaware that they are violating the law until a suit is brought against them. BMK attorneys work with companies to ensure compliance with these laws and defend against wage and hour suits when they do arise. BMK also has extensive experience initiating and prosecuting wage and hour litigation on behalf of employees, including high-level executives.

Employment Litigation

The modern workplace is a complex legal environment, subject to myriad state and federal rules and regulations, including anti-discrimination statutes, wage and hour laws, and employee/independent contractor determinations. BMK has developed a distinct expertise in this field, representing both employers and employees in a variety of workplace disputes. Having represented both sides in these disputes, BMK attorneys are able to anticipate their opposition’s arguments more effectively than their counterparts at management-side only firms.

BMK has a strong record of success initiating and defending claims for discrimination, sexual harassment, retaliation, wrongful termination, wage and hour violations and payment of unemployment benefits both in state and federal court, before the Massachusetts Commission Against Discrimination, and before other state and federal agencies. We also have extensive experience litigating workplace contract disputes and tort claims. BMK works closely with companies to ensure the security of their proprietary information and customer relationships through the crafting of well-tailored non-compete and non-disclosure contracts, trade secret litigation, and the aggressive enforcement of covenants not to compete. BMK assists with internal company investigations of employee complaints and also works with employers to develop personnel policies and procedures that reduce the risk of future litigation. We are also available for human resources counseling to ensure compliance with applicable laws and regulations.

BMK has expertise in the following areas of employment litigation:

  • Business Torts
  • Contract Disputes
  • Discrimination
  • Internal Investigations
  • Non-Compete Agreements/Trade Secrets
  • Sexual Harassment
  • Wage & Hour
  • Wrongful Termination
Construction Litigation

BMK attorneys handle a wide variety of construction matters, ranging from litigating multi-million dollar construction contract disputes to negotiating contracts for home improvement. Our construction clients include investors in complex real estate development projects; suppliers, general contractors and subcontractors; construction managers; designers; and owners. We represent our clients in state and federal courts; before administrative agencies; and before local permitting boards and commissions. Our experienced, thoughtful and tenacious attorneys guide and assist individuals, contractors and investors through the myriad issues construction projects can bring, such as:

  • Negotiating and reviewing contracts for owners and contractors such as requests for proposals, sub and general contracts, bidding and certification documents, and joint venture agreements;
  • Negotiating and reviewing loan documents for construction projects;
  • Handling bid protests, contract awards, and other public bidding disputes;
  • Filing mechanic’s liens on behalf of contractors and suppliers;
  • Defending or assessing the validity of mechanic’s liens on behalf of owners and lenders;
  • Zoning and land use planning and permitting;
  • Filing and litigating payment or performance bond claims;
  • Litigating construction negligence claims;
  • Litigating construction contract disputes on behalf of contractors and owners;
  • Environmental and hazardous waste permits and remediation issues;
  • Negotiating and litigating defective work claims; and
  • Negotiating and litigating warranty issues
  • Navigating the Massachusetts Home Improvement Contractor’s Law.

At BMK, we are well aware that litigation can be both costly and time consuming for our clients. Accordingly, although we are always prepared to take cases to trial and beyond, we encourage our clients to consider forms of alternative dispute resolution such as mediation or arbitration, which can be particularly cost-effective in construction cases. BMK attorneys are thorough, responsive, accessible, and able to draw upon a wealth of experience to provide sound problem-solving and planning advice at early stages in order to avoid lengthy and costly litigation.

Personal Injury

None of us, including business owners and their families, are immune from accidents, whether at home, at work, at play, or while traveling. While many accidents are unavoidable mishaps, other injuries are entirely preventable with the exercise of reasonable care. Those who fail to exercise that level of care should be held accountable.

BMK has successfully handled all manner of personal injury cases at every stage, from the date of the injury itself to the final settlement, award, or decision. BMK attorneys marshal the same level of diligence and attention to detail in personal injury matters as they employ in other disputes. Moreover, BMK’s trial team is compassionate, and provides their clients with support throughout the entire process.

In certain respects, personal injury matters require a distinct level of tenacity, as many obstacles are unique to this field of law. Dealing with skeptical insurance agencies and their counsel, addressing worker’s compensation and other lien issues, obtaining and refuting expert medical testimony, and convincingrecord-keepers (sometimes by means of Court Order) to disclose a client’s health information can all be daunting aspects of personal injury litigation. BMK is consistently up to the task.

While BMK is selective in the personal injury cases it accepts, each potential case is carefully evaluated by a member of the trial and management team in order to determine whether BMK is the best firm to represent that particular client. BMK welcomes the opportunity to evaluate your potential claim.

Representative areas of expertise include:

  • Motor Vehicle Injuries
  • Slip & Fall Injuries
  • Premises Liability
  • Intentional Injuries

Representative cases include:

  • Obtaining a $250,000 settlement in a multi-car motor vehicle accident case.
  • Obtaining a $750,00 wrongful death settlement for the family of a deceased teenager.
Probate Litigation

BMK has extensive experience representing individuals, professional fiduciaries, and beneficiaries in all aspects of probate litigation, including:

  • Will and trust contests;
  • Disputes over the accounting of trust assets;
  • Reformation of trusts;
  • Actions for breach of fiduciary duties;
  • Guardianships;
  • Fiduciary accountings;
  • Petitions for partition of real property; and
  • Interpretation of wills and trusts.

BMK understands that probate litigation often involves difficult and highly emotionally charged circumstances. Our trial team has the expertise to thoroughly and thoughtfully evaluate these cases in a compassionate manner and render sound legal advice with the goal of prompt and economical resolution. Frequently, litigation among family members lends itself to resolution outside of the court system. BMK attorneys have the ability to discern when mediation or arbitration are in our client’s best interests, and we are experienced in working with alternative dispute resolution providers to obtain successful results for our clients.

Our representative cases include:

  • Probate court victory establishing constructive trust of bank accounts in favor of our clients against a sibling who sought 100% ownership.
Real Estate Litigation

BMK’s experienced business and trial teams are prepared to handle the breakdown of any phase of a real estate transaction, whether commercial or residential. Our real estate clients include individuals and businesses, landlords and tenants. We represent developers; condominium associations; and buyers and sellers of commercial and residential real estate. We also represent real estate brokers and salespersons, individually or through large real estate corporations. BMK handles disputes involving large, complex development projects, permitting issues, and the breakdown of lease or purchase and sale agreement negotiations. We also assist condominium associations with interpretation of condominium documents, collection of unpaid fees, and disputes with contractors. Our highly skilled business attorneys will assist real estate buyers, sellers, landlords, and tenants in the contract formation phase; and should disputes arise, our thorough and experienced trial attorneys will guide you through resolution, whether through negotiation, trial, or both.

Our representative cases include:

  • Superior Court victory in favor of seller in case of first impression interpreting obligation to sign documents other than the deed at the closing.
Appellate Practice

BMK has a successful track record of representing clients on appeal in state court and before specialized administrative and government tribunals. We prosecute and defend appeals in all areas of our practice. Appellate experience is crucial, whether the client has been successful at a lower level or is seeking to change an unfavorable result. While our litigation clients often look to us to represent them on appeals in cases we have tried, we also accept new clients for the sole purpose of prosecuting or defending an appeal.

At the trial court level, BMK relies upon its appellate experience to thoroughly and properly preserve grounds for appeal. BMK attorneys also negotiate settlements and participate in alternative forms of dispute resolution that can avoid the need for an appeal altogether. As with every facet of our business, we utilize our experience in appellate cases to obtain successful and cost-effective results for our clients.

Representative cases include:

  • Preserving trial court victories by successfully upholding verdicts in several employment cases including ones involving age discrimination ($1.9 million) and sexual orientation discrimination (in excess of $1 million).
  • In a case of first impression, successfully appealing and overturning the trial court’s interpretation of a cut-your-own Christmas tree farm liability statute in a personal injury case in our client’s favor.
  • Successfully defending on appeal a salad dressing manufacturer against claims of misappropriation of trade secrets brought by a competitor.
  • In New York, successfully defending in trial court and on appeal a client accused of breach of contract, unjust enrichment, quantum meruit and fraud.