Representative Results

The following is a representative sample of the Firm’s results on recent matters by practice area:

Securities and Commercial Litigation

  • In June, 2008, Lisa Cooney and Julie Brennan obtained a summary judgment finding, on all claims, on behalf of a nationwide veterinary hospital and two individual veterinarians.  In the case, the plaintiff alleged that the hospital and veterinarians were negligent, caused her emotional distress and violated the Massachusetts Unfair and Deceptive Business Practices Act by recommending emergency surgery for her dog after the dog was injured in a car accident.  After extensive discovery, the Firm filed a summary judgment motion with the Court and convinced the Court to dismiss all of the claims, thereby allowing the Firm’s clients to avoid a trial.   
  • In September of 2007, the Firm filed a motion to dismiss on behalf of its client, an insurance company, which was one of several respondents in a FINRA arbitration filed by a customer alleging sales practices violations. The motion convinced the customer to voluntarily dismiss the Firm’s client from the arbitration.
  • In August of 2007, the Firm convinced opposing counsel to voluntarily dismiss the Firm’s client from a FINRA arbitration prior to the Firm having to file any answer or motion. The Firm represented a broker-dealer that was named as a respondent in a FINRA arbitration filed by a former customer alleging various sales practices violations. The Firm’s client was one of several broker-dealers and insurance and annuity companies named as respondents. Through discussions with claimant’s counsel and the provision of supporting documents, the Firm convinced claimant that the Firm’s client was not a proper target of the arbitration.
  • The Firm obtained voluntary dismissal of a multi-million dollar claim filed with the NASD. After the Firm filed a motion to dismiss on behalf of its client, the claimant voluntarily dismissed the claim.
  • In the United States District Court for the Central District of California, Manchel & Brennan was able to obtain a dismissal of a case against the Firm’s client, a Massachusetts-based provider of digital in-room entertainment and high-speed internet services to the hotel industry. The client had been sued by the dominant competitor in the industry for hiring a former employee that it claimed had misappropriated trade secrets and customer information. The Firm convinced the Court that it did not have personal jurisdiction over the Massachusetts company.
  • Several customers filed an NASD Action in Alabama against their financial advisor, his securities broker-dealer and an insurance company relating to their purchase of variable life insurance and annuity products. The Firm represented the insurance company which was the underwriter of the insurance and annuity products. The Firm was able to convince the customers that their allegations related to the acts or omissions of the financial advisor and broker-dealer, not the insurance company, and the customers voluntarily dismissed the insurance company from the NASD Action.
  • Manchel & Brennan represented a party in a close corporation who was sued in Massachusetts Superior Court. The plaintiff sought an injunction against the Firm’s client. On behalf of its client, the Firm filed a cross-motion to appoint a receiver. Manchel & Brennan convinced the Court to deny the majority of the plaintiff’s request for injunctive relief and to appoint the receiver requested by the Firm.
  • The Firm represented a minority shareholder in a closely held corporation dispute. The Firm was successful in avoiding litigation and structuring an exit strategy for its client, including severance, and consulting fees, in addition to valuation and payment for his ownership interest.
  • The United States District Court for the District of Oregon granted the Firm’s motion to compel arbitration and dismissed the action that had been filed against the Firm’s clients by it's former financial advisor. Several of the companies did not have an arbitration agreement with the advisor, however, the Firm successfully argued to the Court that their close relationship and the operative arbitration agreement required the dispute to be arbitrated.
  • Manchel & Brennan represented a broker and a national broker-dealer which were sued in arbitration by customers claiming they were sold unsuitable investments. An NASD Panel ruled in favor of the broker and the broker-dealer, dismissed the action in its entirety, and ordered that the broker’s record be expunged. That Award was upheld by the trial court, which ordered the NASD to carry out the expungement directive. Consequently, there is no record of this action on the broker’s license.
  • The Firm represented two brokers who were sued in arbitration by a customer claiming he was sold unsuitable investments. An NASD Panel ruled in favor of the brokers, dismissed the action in its entirety and ordered that the brokers’ records be expunged. That Award was upheld by the trial court, which ordered the NASD to carry out the expungement directive. Consequently, there is no record of this action on the brokers’ licenses.
  • In three recent customer dispute arbitrations, Manchel & Brennan successfully moved for and obtained pre-merits dismissals of all claims asserted.