Dear Friends and Colleagues,
I hope this letter finds you and your family well, and that you are enjoying the Fall weather. Here in Red Sox nation, New England is enjoying a great competitive sports and weather season.
Since we sent you our last newslewtter, we have helped to bring about successful resolutions to several diverse legal matters. In one, we were retained at the request of an out of state U.S. Bankruptchy Court Trustee to help recover assets for an estate in bankruptcy. The primary business of the debtor was to render investment advisory services to clients. Those clients included a number of prominent individuals in the Hollywood film and entertainment industry. The bankrupt company and its principal were the subject of extensive criminal and civil litigation. Our efforts on the bankruptcy estate's behalf proved highly effective - we were able to recover from two Massachusetts-based defendants the full amount of the U.S. Trustee's judgment, a substantial sum including interest and out of pocket expenses.
We continue to devote a fair percentage of our practice to employment matters. In this area, we have been responsible for some highly remunerative settlements for our clients. In one, we settled a case on behalf of an executive against a high-tech company and its directors, who together induced our client to begin work for them, causing him to give up other lucrative opportunities; the company then terminated him after only a few months. It refused for technical resons to pay him the severance package he had been promised. We were able to settle the case on favorable terms at the commencement of the litigation.
We brought about another substantial settlement against a very large international investment banking firm, which terminated our client for what we believe was illegal age-based discrimination. Our settlement resulted in a large severance payment and preserved deferred compensation benefits for our client. In a third case, we successfully settled a breach of contract case, where the employer of our client, a senior executive, failed to follow through on certain promises it had made as to salary, bonus and severance. This case involved very interesting issues of when the parties had reached a "meeting of the minds" so as to form a contract, even though the contract documents had never been signed. The company claimed no contract was ever concluded. Nevertheless, we obtained a substantial recovery briefly after court action was commenced.
In a still-pending case, we won two "probable cause" findings against a prominent local golf and country club that fired our client a few weeks short of her sixtieth birthday. The employer insisted that its action was motivated by th need to reduce its workforce. The Massachusetts Commission Against Discrimination agreed with our facts and arguments that there was probable cause to believe that the termination of our client was motivated by age discrimation. Furthermore, the MCAD found probable cause that the employer later retailiated against our client even after her termination, as a result of her having filed the underlying discrimation claim. The case is now in discovery and proceeding towards trial.
From time to time we have been retained by other lawyers to represent them in their own legal problems. Recently we assisted an attorney sued for malpractice by an insurance company, and were able to resolve the case for him, and thereby avoid expensive and protracted litigation. We moved, in short order, to help the attorney avoid problems that had previously arisen in the litigation, prevented the issuance of property attachmetns and soon settled the case on favorable terms for the client.
The Friends of Switzerland, of which I am President, invited and was addressed by the recently appointed Consul General of Switzerland in New York, Hon. Christoph Bubb. I was also pleased to meet Presidential advisor and commentator David Gergen, who spoke at SHARE, the Swiss consulate in Cambridge, In my role as Chairman of the Music Committee of the Harvard Club of Boston, I had the pleasure of hosting our annual Horblit Classical Concert, featuring talented young student musicians at Harvard. This year's concert also featured the renowned pianist, Prof. Robert Levin, and violinist Daniel Stepner, playing Beethoven's Kreutzer Sonata on period instruments. It was a very special evening for our members and guests. Photos of these events are attached. As always, if you have any questions about or interest in any of the organizations with which I am involved, please let me know.
We are now comfortably established in our new offices in downtown Boston. We invite you to stop by and visit us in our new space when you are in town.
The last several months have been exciting and successful for our clients and our firm. We continue to practice in a wide variety of legal areas, including trials and appeals, general business and commerical law, real estate issues, employment, discrimination, divorce and university law.
If you have any questions about these cases, or about any legal matters where we can be of assistance to you or someone you know, please do not hesitate to call me.
As always, kindest personal regards.
Presidential Advisor and commentator David Gergen.
Swiss Consul General in New York, Christoph Bubb
Daniel Stepner (left) and Robert Levin