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Commercial Disputes

Perkins Olson represent our clients on a wide range of commercial disputes.

The disputes often involve matters like breach of contract, misappropriation of trade secrets, product liability, warranty claims, and fraud.

Our initial effort is focused on identifying the likely result of the dispute if the matter goes to court. Once we identify the likely outcome of litigation, we then negotiate with the goal of resolving the dispute outside of litigation in a cost effective manner.

If negotiations cannot resolve the commercial dispute, we will proceed to litigate in state or federal court (or in arbitration if arbitration is required or agreed to). In many cases, we proceed with a judge and in some cases we advise the use of a jury. In other cases, Perkins Olson will take advantage of the Maine Business Court system, which is designed to resolve business disputes more quickly and efficiently than typical court proceedings.

Some of our more notable successes in commercial litigation include:

  • Obtaining multiple judgments in federal court against an investment firm which made fraudulent representations while soliciting investments to our clients;
  • Obtaining a judgment against a barge company for negligent acts involved in a large maritime construction project on the Kennebec River;
  • Obtaining a large jury verdict against an individual who tortuously interfered with a client who was developing a residential subdivision project;

Land Use

Perkins Olson has a very active land use litigation practice, particularly in the mid-coast areas of Maine.

These cases often involve boundary disputes, road disputes, and easement disputes.

In a recent land use case, we prevailed in a jury trial involving a dispute over a dock easement and boundary dispute. We also obtained a verdict for damages for over $400,000 for our client, given the fraudulent conduct of the opposing party.

Our land use cases often involve working closely with surveyors and other land use experts to develop creative approaches to land use disputes. For example, in one road dispute case, we successfully argued that the original General Waldo proprietor’s plan which was developed as part of the colonial land grant system was a subdivision plan. As a result, the Superior Court agreed that a future road shown on the land grant plan allowed our client full use of the current road which had been discontinued.

Perkins Olson has argued five land use cases before the Maine Law Court, which is our state’s supreme court, and have prevailed in each case.

We also represent clients on a range of zoning matters, which often includes litigation over administrative approvals for building permits.

Employee Disputes

In today’s workplace, disputes between employers and employees have become very common.

Perkins Olson represents both employers and employees on a wide range of employment issues. These cases have involved wrongful employment termination claims, wage disputes, discrimination, Maine Human Rights Commission complaints, and non-compete enforcement.

Trademark Infringement

In the current marketplace, the identity and brand of your business’s product and services is a critical component of your business. As a result, we frequently work with clients to prevent competitors from infringing on our client’s trademark or service mark.

If a client’s trademark or service mark is being infringed upon, we assess the infringement and then serve a cease and desist notice upon the opposing party.

If the opposing party continues to infringe, then Perkins Olson brings an action for trademark or service mark infringement. The lawsuit is then used to stop the infringement and to recover the damages that result from the infringement.

Business Torts

In the business world, there is a broad spectrum of intentional or negligent actions taken by business partners or competitors which damage, or threaten damage, to our clients.

These “torts” can involve outright fraud, theft, misappropriation of trade secrets, and interference with economic opportunities.

The Perkins Olson team is aggressive and effective in representing our clients in these matters to stop the tortious conduct and to recover any damages for our clients.