Civil Trial Advocacy

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:

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.

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.

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.