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Daniel McCarthy

Posts by Daniel McCarthy

Avoiding Litigation Risks Arising Out of Private Investment Firms’ Controlling Interest in Portfolio Companies

Posted in Litigation Trends, Massachusetts Courts

Recently, my firm Cooley Manion Jones LLP, successfully obtained summary judgment (download pdf) on behalf of its clients, Boca Raton-based private equity firm Sun Capital Partners, Inc. and six of its affiliated entities.  The claims were brought by two entities that had entered into contractual relationships to serve as independent sales representatives on behalf of Sun… Continue Reading

The Discoverability of Social Media in Personal Injury Litigation

Posted in Litigation Trends

Gone are the days of handwritten personal diaries and daily journal entries.  Internet-based social networking has replaced pen and paper.  Facebook reports that it had 901 million monthly active users worldwide as of March, 2012.  With the explosion of social networking in recent years, litigation counsel are becoming more savvy at using this technology to… Continue Reading

Insurers Beware —Massachusetts Supreme Judicial Court Has Final Word on Damages Plaintiffs Are Entitled to Recover For Defendant-Insurers’ Violations of M.G.L. c. 93a and 176D

Posted in Litigation Trends, Massachusetts Courts

Co-authored by Brian Gross  On February 10, 2012, the Massachusetts Supreme Judicial Court found that plaintiffs were entitled to more than $22 million when it held that the damages to which a plaintiff is entitled to recover pursuant to M.G.L. c. 93A and 176D for an insurers’ failure to effect prompt, fair and equitable settlement of… Continue Reading