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Brad A. Compston

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Name: Brad A. Compston
Date registered: October 25, 2010

Latest posts

  1. Minimizing Litigation Headaches by Preserving Electronic Data — March 13, 2013
  2. Federal District Court for the Southern District of New York — July 3, 2012
  3. Business Litigation Session of the Suffolk Superior Court — July 3, 2012
  4. Insurance Agent May Be Liable for Oral Misrepresentation of Insurance Coverage — April 12, 2012
  5. Growing Use of “Independent Contractor” Label Creates Dangers for Businesses — September 21, 2011

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Mar
13

Minimizing Litigation Headaches by Preserving Electronic Data

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Companies embroiled in litigation today are increasingly finding that the requirements and burdens of litigation discovery today bear little resemblance to litigation fifteen, or even ten, years ago. As reliance on technology—e-mail, texting, electronically stored data, etc.—continues to grow, discovery has become more time consuming, expensive, confusing and difficult. Courts have begun to impose new… Continue reading »

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Jul
03

Federal District Court for the Southern District of New York

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I recently obtained the dismissal of a case filed in the Federal District Court for the Southern District of New York. Our client, an investment company, had been sued for commissions allegedly owed to the Plaintiff under a marketing agreement.

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Jul
03

Business Litigation Session of the Suffolk Superior Court

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I recently completed a trial in the Business Litigation Session of the Suffolk Superior Court. The case involved a partnership dispute with multiple claims and counterclaims alleging the breach of partnership agreements and violations of fiduciary duties relating to numerous business ventures between the partners dating back over a period of more than thirty years.

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Apr
12

Insurance Agent May Be Liable for Oral Misrepresentation of Insurance Coverage

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The Massachusetts Supreme Judicial Court recently issued a decision in the matter of Passatempo v. McMeninimen affirming the potential liability of an insurance agent and insurance company for oral misrepresentations made by the agent. In that case, the plaintiff alleged, and the trial court found, that the insurance agent had misstated the benefits provided by… Continue reading »

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Sep
21

Growing Use of “Independent Contractor” Label Creates Dangers for Businesses

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As the economy continues to struggle, many businesses are relying more and more on independent contractors, and avoiding hiring new employees. Economically, the use of independent contractors offers a number of advantages over hiring traditional employees. Among other things, businesses can avoid paying overtime, payroll taxes, employment and worker’s compensation insurance and Social Security. While… Continue reading »

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Jun
01

Mortgage Practices Continue to Be Scrutinized by the Courts

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The mortgage industry continues to be a subject of heavy scrutiny in both the press and the courts. Some issues, such as the industry’s widespread failure to properly prove ownership prior to foreclosure and the marketing of subprime loans, have made national news. Others, such as lenders’ failure to pay recording fees when mortgages are… Continue reading »

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Feb
24

Check Twice Before You Send: New Discoveries Regarding the Perils of “Reply All”

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The legal obligations placed on both businesses and individuals are constantly changing. These changes come from obvious sources such as new laws enacted by legislatures and decisions by courts modifying common law principles. A good example is the Massachusetts Supreme Judicial Court’s decision last year modifying the duties of land owners with respect to snow… Continue reading »

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Oct
25

Using Arbitration Agreements Wisely

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Arbitration is an increasingly popular way for many businesses to resolve their disputes, with arbitration agreements appearing in ever more forums; from supply agreements and other business contracts, to employment contracts, to consumer contracts. The advantages of arbitration, when compared to litigation in court, are often numerous. These include greater predictability of litigation costs, reduced… Continue reading »

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Aug
20

Using Strategic and Tactical Decision Making to Control Litigation Costs

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It is, perhaps, too obvious to be worth noting that the costs of litigation are a primary source of friction between clients and their attorneys. Though a good attorney will do his or her best to advise a client of the likely costs of litigation at the outset of a case, all too often, as… Continue reading »

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May
13

Intend What You “Will…”

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Konowitz & Greenberg recently represented the Executrix of an Estate in a Will contest filed by the adult children of the decedent, and successfully obtained summary judgment in favor of the Executrix, striking the objections to the Will. While the Court ultimately upheld the validity of the Will, the challenge created considerable expenses for the… Continue reading »

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