April 2011 Newsletter

Patrick and Redlich
Massachusetts Governor Deval Patrick with Marc Redlich
Dear Friends and Colleagues,

     I hope this letter finds you and your family well, and that we can all look forward to this new Spring. Over this past winter our firm has been involved in and resolved some interesting matters for our clients.

     You may recall from our last newsletter that I represented a long-time client in his fight with an insurance company as a result of its dilatory tactics in settling what should have been a simple automobile injury case.  After the insurer finally paid my client the full policy limits, we proceeded with the trial of our Chapter 93A consumer fraud and unfair settlement practices claim.  We were successful, and the Superior Court awarded my client attorney’s fees and additional interest for the insurer’s wrongful action.  We also received further funds for the client in the arbitration of his “underinsured” coverage claim.  The matter has now been fully resolved to the client’s satisfaction.

     We just completed and submitted to our Massachusetts Appeals Court the legal briefs in a case arising out of a leasing dispute.  I was asked to handle the appeal after the trial had already been completed.  A key issue on appeal is whether the trial court judge’s award of legal fees amounting to almost seven (7) times the actual damages awarded by the jury, was fair and reasonable under the circumstances.  We think not, and we look forward to arguing the matter before the appellate panel.  More on that in a future newsletter after the Appeals Court’s decision is rendered.

     We have recently been doing more work with companies overseas, advising them as to both business and litigation matters.  The most recent cases involved an Israeli company and a German company that have business dealings in Massachusetts and more generally in the U.S.  These particular matters involved lease terms in one instance, and a software license agreement in the other.  As you know, we work with attorneys around the world as part of the legal group, ij International Jurists

     Over the years, I have represented a number of attorneys who have been involved in legal disputes themselves.  Recently, I was asked to step in just days before trial to represent an attorney and his family in a jury trial in which he could no longer appear as counsel.  After obtaining a reasonable continuance to familiarize myself and prepare for the case, we went to trial.  After a couple of days of trial, we were able to resolve the case for the full amount of the client’s contract claims.  It is always interesting to work as an attorney representing another attorney, since the client has a good professional knowledge of the law involved in the case.

     Conversely, and to demonstrate that we do not suffer from what Emerson referred to as that “hobgoblin of little minds” - consistency – we represented a client in defending against a lawsuit brought by her former attorneys.  In the underlying case, the client had paid her attorneys more than she had recovered from the defendants; in fact most of the proceeds from the earlier settlement had been paid over to her attorneys.  They still brought suit for further legal fees in the six-figure range, with no possible way the client could recover enough to pay them any more.  I quickly entered the fee case and was able to effectuate a settlement even before an Answer to the Complaint was filed, whereby the client paid a small fraction of the outstanding fees over an extended payment period.  The matter has now been finally settled to both sides’ satisfaction.

     Recently I advised a company and its general counsel in a dispute with its former chief executive officer, who had left the firm some time before.  The case was resolved without recourse to litigation, which had appeared to be the next step, and which was avoided in the best interests of both sides. 

     I was involved in ongoing speaker events with Friends of Switzerland, the American Council on Germany and the Swiss-American Chamber of Commerce, as well as in last Fall’s elections for Massachusetts statewide offices.  Photos from some of those events are enclosed.  If you are interested in learning more about FOSI, the ACG, or SACC, please contact me or visit their websites, www.friendsofswitzerland.org, www.acgusa.org and www.amcham.ch.

     This past winter has been very interesting and successful both for our clients and our firm. We continue to practice in a wide variety of legal areas, including trials and appeals, general business and commercial law, real estate issues, employment, discrimination, divorce and university law. We also recently updated our website, www.redlichlaw.net, and invite you to visit us online. As always, if you have any questions about these cases or matters where we can be of assistance to you, please call upon us.  We look forward to hearing from you.

     Kindest personal regards.

                                                    Marc Redlich

Marc Redlich with Swiss Ambassador to Canada, Werner Baumann

Former President of the Swiss Confederation,  Kaspar Villiger, who is now
Chairman of the Board of UBS, with Marc Redlich

From left to right: Honorary Consul General of Turkey, Erkut Gömülü; Marc Redlich; Cem Özdemir, National Co-Chairman of Germany’s Green Party; and Professor Claus Offe of Harvard’s Center for European Studies

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