Representative Cases

The variety of litigated matters in which Cooke Clancy & Gruenthal LLP has achieved a successful result for its clients include:

• In a dispute among the owners of one of Boston’s premier office towers, the firm successfully defended the owner/property manager against an attempt to terminate its management contract. The case, which was tried in the Business Litigation Session of the Suffolk Superior Court, addressed the contractual and fiduciary obligations that real estate development partners owe each other and focused upon the interpretation of complex contractual language.
• When a local savings bank learned that a regional bank had adopted a new trade name and logo after a merger that it believed was confusingly similar to its own, Cooke Clancy & Gruenthal LLP brought suit in United States District Court in Boston, obtaining immediate injunctive relief and the leverage for settlement
• The firm successfully defended the rights of waterfront property owners on Cape Cod to control access over a private way to the beach. A memorandum of decision by the Land Court awarding summary judgment to the property owners clarified important issues regarding express and implied easements over registered land.
• Cooke Clancy & Gruenthal LLP serves as litigation counsel handling employment contracts and litigation for a national manufacturing and sales company. On behalf of this client, the firm has both prosecuted and defended dozens of actions involving non-competition and non-solicitation covenants in jurisdictions across the country.  
• A national law firm was sued both by its client, alleging malpractice, and by its client's former business partners, alleging a variety of torts including fraud, intentional infliction of emotional distress, and aiding and abetting breaches of fiduciary duty. The two related matters were resolved in the law firm's favor, the malpractice claim after a jury trial and the third party claims on the law firm's motion for summary judgment. 
• The firm represented an international manufacturing company in the prosecution of a CERCLA cost recovery action brought after the company entered a consent judgment with the Environmental Protection Agency with respect to manufacturing activities in rural Florida in the 1940’s and 1950’s. The case, litigated in federal district court in Florida, required extensive expert analysis in such fieldsd as geochemisty, hydrogeology, forensic geography, environmental engineering, land surveying, and photo interpretation.
• A national technology company and several supervisory employees were charged with sexual harassment by an employee in a Massachusetts manufacturing plant. Aggressive factual investigation by the firm’s attorneys resulted in a dismissal of the Complaint, with prejudice.
• Cooke Clancy & Gruenthal LLP represented a small foreign software company in an action against one of the country's largest manufacturers of computer storage equipment. The case involved the allegation that the defendant company had breached a software development agreement and committed related business torts. After extensive discovery and expert analysis, the case settled favorably.
• A Massachusetts technology company retained Cooke Clancy & Gruenthal LLP to pursue a copyright infringement action in federal court in Missouri. The claim that the defendant’s screen displays infringed a valid copyright was settled on favorable terms, including a full revision by defendant of its offending screen displays.

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