Commercial and Business Disputes

Business disputes come in many sizes, shapes, and levels of complexity, and no business is immune to their threat. Our attorneys are experienced and adept at creating opportunities to resolve a matter through the strategic and effective use of early dispositive maneuvers. In the exercise of sound business judgment and experienced negotiation skills, we endeavor to achieve results that advance business interests at the earliest possible juncture, before our clients needlessly commit resources to extended litigation. When necessary, however, companies large and small trust our attorneys to protect their interests all the way through trial in the courtroom. Our attorneys bring years of trial experience to any business dispute, having successfully represented major and small businesses in complex business and commercial litigation. Whether by direct negotiation, arbitration, mediation or litigation, our firm has an effective track record of cost-effective, practical resolution. We provide litigation plans, budgets, and constructive analysis on all aspects of pending litigation to allow our clients to better manage their business needs.

Conduct Internal Company Investigations

Our attorneys represent business entities in investigating allegations of sexual harassment, fraud, or other employee wrongdoing. We are experienced in conducting confidential internal investigations to identify wrongdoers, assess harm, and recommend remedial action with the goals of reducing costs and collateral damage, retaining customers, restoring investor confidence, avoiding or limiting sanctions by government agencies, and achieving a successful and timely conclusion to the investigation. Our assistance provides our clients with a measure of independence and credibility in the outcome of the investigation, it permits someone well versed in the applicable law to ask the right questions, and it allows the client to get on with its business without the distraction of having to conduct the investigation itself.

Construction & Surety Law

Our construction and surety attorneys have broad experience in all phases of construction law, representing developers, contractors, sureties, design professionals, insurers, and others involved in the construction process.
Our attorneys have a wealth of experience in the surety and construction field. We represent surety clients in regard to all aspects of suretyship, including commercial and contract bond claims, enforcing indemnity agreements and equitable subrogation rights, managing defaults and takeover situations, and defending payment and performance bond claims and bad faith claims against sureties. Our attorneys have managed the completion of defaulted bonded work programs by large contractors located throughout New England through a mixture of takeover contractors, tender contractors, and financing of defaulted bond principals. Our lawyers have successfully prosecuted and preserved sureties’ rights in bankruptcy, prosecuted claims against lenders of defaulted bond principals asserting assignment of rights in bonded contracts and have defended claims by indemnitors alleging various theories such as bad faith. Our lawyers have extensive experience successfully prosecuting and defending claims on behalf of contractors and sureties against the Federal Government and public authorities in Massachusetts and throughout New England. Our construction attorneys handle all issues and matters involving construction projects and disputes, including project financing, the preparation or review and negotiation of construction contracts, bid disputes, and prosecutes and defends claims involving cost-overruns and impacts attributable to delays, disruptions, differing site conditions, and other forms of equitable adjustments.

Drafting and Negotiation of Employment, Termination and Severance Agreements

For many years, Davids & Cohen has represented both employers and employees in the preparation of all types of employment agreements. Our experience litigating employment disputes gives our attorneys a unique advantage in that they fully understand the impact that certain contractual provisions can have, should a dispute arise later. With this in mind, we take a personalized approach to ensure that our clients fully understand the nuances of the agreements that they are entering into.

Drafting and Negotiation of Vendor, Partnership, Operating and General Business Agreements

We assist our business clients in drafting comprehensive, well thought out agreements, with the goal of protecting their businesses and helping to avoid litigation in the future. In the event that a dispute does occur, we stand ready to protect our clients’ interests and we work to resolve their contract issues as efficiently as possible with a cost-effective resolution.

Employment and Labor

We assist employers in developing policies and procedures designed to prevent litigation. We draft agreements helpful in recruiting and retaining key employees and protecting their proprietary assets. We also defend our clients’ interests in litigation and provide practical advice with the goal of effectively and quickly resolving disputes. We also represent employees in their claims of workplace discrimination as Federal and Massachusetts law prohibits discrimination based on race, gender, national origin, color, age, religion, pregnancy, sexual orientation, and disability. We aggressively advocate for our clients which helps us obtain excellent results.

Environmental and Toxic Torts

Our attorneys have extensive experience representing clients in all facets of remediation and compliance, as well as dispute resolution and litigation. We have successfully handled these claims in state and federal courts and have a deep understanding of the unique challenges that must be overcome to do so. Retaining the appropriate expert witnesses is particularly critical in these matters and our vast experience working with such experts us gives our attorneys a distinct advantage.

Formation of Business Entities

Our firm assists clients with all aspects of forming a new business entity, including registration with the state, preparing corporate documents, such as Articles of Organization, By-Laws and Operating Agreements, employment agreements, employee handbooks, and website terms and conditions. Whether you are an individual starting a new business venture or a large company setting up a subsidiary or related business entity, our experienced attorneys can help you through the process of establishing your business and protecting your interests in a cost-effective way.

General Business Counseling

Our attorneys are experienced advisors to businesses of all types and sizes, with the skill and knowledge to provide them with practical and efficient solutions to the variety of challenges that a business may face on a daily basis. We partner with our business clients to provide timely and creative legal advice that help business owners run their businesses in a successful way.

Insurance Coverage

We assist our clients in insurance coverage disputes and provide advice with respect to contract drafting, insurance policy interpretation and coverage evaluation. Our attorneys have successfully represented clients in declaratory judgment actions to enforce their expectations based on the terms of residentials and commercial insurance policies. We also have significant experience representing clients in disputes that are resolved through arbitration, reference, and appraisal, depending upon the jurisdiction and the terms of the insurance policies at issue.

Insurance Fraud

Our insurance clients are often faced with fraudulent claims and engage us to assist them in their investigations. Our attorneys have effectively handled many first-party claims wherein we have established that the claimants were not truthful in the claims they presented to their insurers. We assist our clients in conducting forensic investigations and, when necessary, litigate fraudulent claims to prevent dishonest claimants from unfairly recovering insurance proceeds.

Intellectual Property

Our firm has successfully represented a wide variety of clients in all types of intellectual property disputes from cease and desist requests to full blown litigation. In this particularly quickly changing area of the law, our attorneys stay abreast of the latest developments in not just the case law but with industry practices. We also partner with the appropriate entities to ensure full access to the unique tools needed to litigate intellectual property disputes.

Leasing/Landlord and Tenant Disputes

We assist our clients with landlord and tenant disputes with the goal of avoiding expensive litigation and achieving results of our clients. We represent both landlords and tenants in a wide array of leasing and liability issues. Leasing commercial, office, industrial, or retail property is rarely straightforward or simple. From seemingly basic triple-net leases to more complicated sale-leaseback transactions or specialized use or built-to-suit leases, landlords and tenants should trust an experienced partner to assist them in drafting and negotiating those agreements. Our attorneys advise both tenants and owners, providing practical advice across the spectrum of leasing options and configurations, including preparing and negotiating leases, subleases and assignments, use provisions, options, restrictive covenants, renewals, terminations, and a wide range of other provisions and related documentation. Our leasing experience includes drafting, review, and enforcement of leases for all types of property including single and multi-tenant buildings, shopping centers and retail facilities, commercial, office, industrial, warehouse, and mixed-use properties.

Premises Liability

We have successfully handled well over 1000 premises liability cases, including claims for dangerous or defective conditions, snow and ice related issues, unstable product and shelving displays, swimming pool accident, falls from heights, stairways, missing or faulty handrails, negligent security, and negligent supervision involving commercial and residential properties in state and federal courts throughout New England. We have tried over 50 cases to verdict. Our attorneys represent corporations, property owners, property managers, and individuals in this area.

Product Liability

Our representation of major manufacturers and retailers has enabled our attorneys to develop experience in a wide variety of products, bringing efficient and creative representation to clients facing a broad range of product liability issues. Our attorneys have successfully defended litigation involving a great variety of products, from heavy industrial equipment to consumer products, contaminated food products, and other industrial and manufacturing devices. Our experienced team of attorneys have successfully represented manufacturers, designers, distributors and retailers in product liability matters in courts throughout New England and elsewhere.

Real Estate Disputes

Our firm represents both individual and corporate property owners, commercial developers, property managers, landlords, homeowners, tenants and industry-related vendors in all types of real estate disputes involving both residential and commercial properties. Our team relies on its experience and extensive resources within the industry to strategically and efficiently advise our clients and help resolve these disputes. These matters range from landlord-tenant disputes to claims arising from purchase and sale transactions to homeowner-contractor residential construction disputes.

Tort and Liability Defense

For decades, our attorneys have successfully defended insureds and self-insureds against all types of tort claims asserted against them. We have taken dozens of cases to verdict in state and federal courts across New England. This deep experience enables our attorneys to position our clients in the most advantageous trial position possible. This has not only proven invaluable at trial, but this also puts our clients in the most favorable settlement position for the claims that do not end up being tried.


Our firm represents corporate clients, insurance companies and insured parties in the transportation industry, including trucking companies, freight companies, product distributors and retail businesses, in connection with all types of disputes and claims. Our clients consult us in connection with a variety of legal issues and claims, including personal injury, wrongful death, property damage, cargo and freight claims, products liability, employment issues and insurance coverage. Through the experience of our attorneys and staff, we strive to help our clients resolve these disputes in an efficient, cost-effective and strategic manner.