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We deliver trial victories and major settlements in knotty business disputes throughout the United States. Although many cases settle, our focus from the outset is to prepare for trial. Unlike many of our big firm counterparts, we have deep trial experience and are adept at presenting complex cases and concepts in a simple, understandable, and persuasive manner to judges, juries, and arbitration panels.
We have prosecuted intricate contract, licensing, partnership, investment banking, real estate development, shareholder derivative actions, corporate control, securities fraud, antitrust and trade secrets litigation to name a few. Our clients are engaged in a wide range of businesses, including technology, manufacturing, biotechnology, pharmaceutical and medical devices, life sciences, healthcare, finance, telecommunications, and transportation. We have experience in all areas of commercial litigation and consistently deliver Results that Resonate.
NBP specializes in recovering assets misappropriated or devalued through financial improprieties, securities fraud, and Ponzi schemes. We also litigate claims involving “alternative investments” on behalf of investors (including pension plans, hedge funds, family offices, trusts, limited partnerships, and high net worth individuals) caused by breaches of fiduciary duty, self-dealing, and conflicts of interest. Through targeted litigation, NBP has recouped hundreds of millions of dollars for victims. In so doing, NBP has prosecuted claims and secured recoveries in New York, California, Florida, Texas, and Pennsylvania to name a few. We take measures to tie up assets and pursue culpable third parties that were complicit in the misconduct. NBP also works with federal and state investigatory agencies, creates positive relationships with Receivers and Trustees, and has a bevy of forensic experts to track, recoup and maximize client recoveries.
Our central focus is to ensure that clients do not exacerbate the loss with costly and reactive “shotgun” style litigation. NBP identifies and pursues only viable targets, resulting in an exceptional ROI for clients. We also advise clients on media strategy and damage control and provide holistic advice in these highly stressful and fraught situations.
We are uniquely facile with group representation, banding together pools of investors to maximize joint recovery efforts and lower litigation costs. We have represented as many as 100 diverse investors in a single litigation with losses totaling $250 million dollars. We advise on all aspects of joint representation, from governance to communication to potential funding avenues. We understand and leverage the power of group representation and use it to our advantage to negotiate against culpable parties.
Our vast experience and deep understanding of the myriad defenses that defendants raise, enables us to craft claims to circumvent those roadblocks, and target discovery to minimize their impact. We have amassed a databank of research and briefs on the substantive issues raised in financial fraud matters, so that we rarely start from scratch in bringing claims.
In short, through tireless effort and hard-fought success, we are leaders in the financial fraud recovery space and are extraordinarily proud of the fact that our clients vastly outperform other investors who go it alone or decide not to pursue claims and hope for the best.
NBP has increasingly been called upon by governmental agencies and blue-chip companies to lead sensitive and often high-profile internal investigations. We have a heightened awareness of the political and public relations concerns that surround these events. And we are adept at following facts and getting to the root causes of problems or wrongdoing, with limited business disruption.
We conducted a yearlong investigation into multi-million cost overruns in the City of Brockton school district, investigated bid improprieties on behalf of the Massachusetts Convention Center Authority, conducted an internal review and audit of the Massachusetts medical marijuana licensing program, and analyzed and prepared a manual for mass transit on procedures for catastrophic accidents.
We also served as lead outside counsel to a Massachusetts defense contractor ensnared in United States Department of Justice and parallel State Department investigations concerning alleged violations of the Arms Export Control Act. We analyzed millions of documents, interviewed scores of witnesses, and counseled the company on an improved and enhanced compliance program. We persuaded the Justice Department not to prosecute the Company and favorably resolved all civil claims with no material adverse impact to our client.
NBP has also conducted independent investigations for audit committees relating to potential violations of law, whistleblower claims, and other improprieties. NBP lawyers performed an internal audit for a private transportation company and developed a unique “how to” manual for the client to address all facets of accident investigation, including protocols for the collection of evidence and witness interviews, protection of privileges, and reporting requirements to state and federal authorities.
NBP lawyers also represent companies, senior executives, and legal and medical professionals in “white collar” and criminal defense matters in all courts, administrative agencies and in connection with grand jury investigations. Our lawyers have considerable experience representing clients facing allegations of securities law violations, health care fraud, criminal tax violations, mail and wire fraud, the Arms Export Control Act, public corruption, and technology crimes. We have successfully represented a pharmaceutical employee in anti-kickback investigations, corporate officers involved in stock options backdating, senior executives suspected of tax fraud, and individuals at the center of highly publicized scandals. We regularly represent physicians and other professionals in sensitive and potentially career-ending matters, often resolving cases without impact on their job status or professional reputation.
NBP represents financial advisory firms, pension plans, foundations, family offices, trustees, and other fiduciaries in regulatory proceedings (FINRA and SEC), client arbitrations, and litigation. We are experienced in managing highly sensitive family and relationship disputes. While we are driven to achieve client objectives, we are attuned to the difficulties and personal tumult litigation with fiduciaries and family can cause. We have represented families who have suffered defalcations, breaches of fiduciary duty by other family members and marital disputes involving family businesses. We have represented family members in massive real estate and related business disputes, typically involving tens of millions of dollars, untangled a mammoth misappropriation claim on behalf of a $1 billion family office, and prosecuted civil claims and defended investment advisors, trustees, and fiduciaries against allegations of wrongdoing.
NBP represents developers, landowners, telecom companies, commercial tenants, and real estate ventures in a multitude of commercial real estate disputes. Our clients are well-known developers, national retailers, mobile and cellular tower businesses, entertainment venues, and real estate service companies.
NBP lawyers also have represented owners, architects and general contractors in complex construction litigation ranging from malpractice, construction defects, and catastrophic failures.
NBP lawyers represent management and senior executives in wrongful termination, age, disability, and other forms of discrimination claims, violation of non-competition, non-solicitation and non-disclosure agreements, sexual harassment, Wage Act issues, breach of severance agreements, and ERISA claims. We also counsel businesses and executives on termination issues, employment agreements, employee handbooks, personnel policies, statutory compliance, and conducting internal investigations.
We represent religious, academic, and other non-profit organizations in internal investigations and highly confidential employment and disciplinary matters.
Our sophisticated tort practice is balanced between representing plaintiffs and defendants, giving us a unique perspective. NBP lawyers have recovered millions of dollars for plaintiffs in wrongful death, product liability, and negligence actions.
We also have defended the Boston commuter rail, MBTA and large property owners in wrongful death, personal injury, and toxic tort matters. Our defense wins include dismissing toxic tort actions prior to trial through sophisticated motion practice, disqualifying plaintiff’s expert witnesses, and deftly settling cases, when necessary, on favorable terms.
NBP has proven success in prosecuting and defending professional malpractice matters, including claims against independent auditors, attorneys, engineers, architects, and contractors. For example, we have secured several multi-million-dollar recoveries against some of the nation’s largest law firms in cases involving professional malpractice. We have recovered losses for clients from other lawyers and professionals who fail to meet their professional obligations. NBP secured an eight-figure settlement against a “big four” accounting firm on the eve of trial for its failure to uncover fraud in its independent audits. We recovered an eight-figure settlement against one of the top 100 law firms in a malpractice action regarding a private equity transaction. We also negotiated a multi-million-dollar settlement against an AmLaw 200 firm for malfeasance in its handling of a product disparagement lawsuit. And, we recovered millions from law firms that aided and abetted fraud, navigating the fine line between negligent and intentional conduct by professional service firms.
Our work in the professional negligence arena is not limited to plaintiffs’ cases. We regularly advise legal, medical, and other professionals when malpractice allegations or professional failures arise. We have represented a lawyer facing a hundred million dollar plus lawsuit brought by a former client, a law firm sued by its former partner over complex fee sharing issues, doctors who have been accused of professional impropriety and architects against whom claims for malpractice have been brought.
NBP’s sports and entertainment practice includes the representation of athletes, sports executives, entertainment professionals and performance venues in commercial, personal or industry disputes. NBP has represented one of the country’s top sports and entertainment agencies, two award winning film production companies, New England’s largest private event company, and one of New England’s premier concert venues. NBP recently represented a Wimbledon finalist in a protracted contract dispute with their national brand name sponsor. NBP also represented the former number three professional tennis player in the world in connection with his suspension from professional tennis for an alleged doping violation, and the prosecution of claims against a New Jersey manufacturer of a sports supplement that was proven to be contaminated with steroids. The case, which garnered international attention, was settled during trial with a favorable result in which the Court cleared the player’s name. We also defended a professional tennis player in one of the first investigations by the Tennis Integrity Unit concerning alleged gambling and match fixing. Navigating this unique investigation and procedure, we convinced the Integrity Unit not to sanction our client.
Material presented on the Nystrom Beckman & Paris, LLP website is intended for informational purposes only. It is not intended as professional advice and should not be construed as such.
