Civil Litigation
Michienzie & Sawin specializes in civil litigation. We represent clients in a broad variety of lawsuits, including claims of general liability and tort, products liability, construction and professional liability, commercial issues, insurance coverage and unfair trade practice. Attorneys at the firm have significant trial and appellate experience in federal and state courts and before administrative agencies.
We strive to achieve cost-effective results for our clients and have been successful in the expeditious resolution of cases by dismissal or settlement on favorable terms. Where appropriate, we seek alternative dispute resolution options, such as mediation. We try cases where pretrial resolution is not successful, is not appropriate or is not desired by the client.
General Liability: We represent the interests of insurance companies and their insureds, as well as self-insured corporations, in the defense of general liability claims, including those involving social host and premises liability, vehicular accidents, construction, civil assault and battery, indemnity, all types of negligence, Chapter 93A and bad faith. Our clients include retailers, landowners, transportation companies, health care and educational institutions, hotels and other businesses.
Products Liability: We represent manufacturers, distributors and sellers of products, including fire and explosion isolation and suppression equipment, automobiles, household appliances, industrial machinery, cranes, paints, building components, medical devices and sporting goods equipment.
Construction Defense and Professional Liability: We represent insurers and their insureds at various levels in complex construction and professional liability cases in which plaintiffs claim personal injury and construction accidents, property damage and mold and water-damage, and in multi-party indemnification and other contractual disputes. Our clients include developers, contractors, subcontractors, architects, engineers and design professionals.
Commercial Disputes: We represent small and large business organizations, entrepreneurs and individuals engaged in manufacturing, retail, insurance, banking, investment, brokerage, real estate and professional services. We resolve complex business disputes, such as contract claims arising out of licensing and joint venture agreements or involving the sale of goods and services, and disputes regarding intellectual property (trademark and copyright), antitrust, lender liability, real estate and consumer claims.
Coverage Defense: We provide insurers with coverage advice, and we represent them in a wide variety of coverage litigation arising out of both occurrence-based and claims-made policies. We are adept at litigating professional liability, general commercial liability and homeowner’s policies.
Employment Litigation: We represent employers both in state and federal courts and in administrative tribunals, in the defense of claims of discrimination and sexual harassment, and in claims of wrongful termination, breach of contract and violations of non-compete agreements.
Environmental Litigation: We represent businesses, property owners and financial institutions in the defense of claims arising out of soil and water contamination, including private party and government enforcement actions under CERCLA and its state counterparts. We also provide insurance companies and insureds with coverage advice and represent them in related litigation arising out of the interpretation and application of commercial general liability and homeowner’s policies with respect to claims arising out of property contamination, disputes between insurers, and disputes between insureds and their insurers.
Creditors’ Rights and Default Servicing Litigation
Michienzie & Sawin has an effective commercial and residential mortgage foreclosure practice, representing lenders and servicers not only in mortgage foreclosures, but also in loan workouts, bankruptcy, eviction and lender liability litigation. We have an active practice defending lenders against claims arising under state and federal Truth-In-Lending, Fair Debt Collection Practices, Fair Credit Reporting, Real Estate Settlement Practices and Consumer Financial Protection Bureau Acts. We also represent lenders and servicers with respect to origination and servicing issues, as well as in quiet title and other real property actions.
In addition, we represent clients in commercial, industrial and residential real estate transactions, including acquisition, leasing, financing, permitting and development. In addition to our real estate transaction practice, we are highly skilled in the areas of real estate management and landlord/tenant issues.
Bankruptcy
Michienzie & Sawin has an active bankruptcy practice, largely representing creditors’ interests. This work includes resolving creditors’ claims through both litigation and working with debtors’ counsel and the appropriate Trustee’s office, where applicable, to assure that creditors’ rights are adequately protected.
General Business Advice and Transactions
Michienzie & Sawin represents businesses on an on-going basis with respect to their contractual relations with customers, employees and other businesses. We provide advice about sales and purchase terms and conditions, product distribution arrangements and antitrust issues. We also handle stockholder and other organizational issues and labor and employment matters.
Estate Planning
Michienzie & Sawin provides individuals with income, gift and estate planning. Our estate planning services range from preparing simple wills to developing sophisticated plans that incorporate bypass trusts, life insurance trusts, generation-skipping trusts and other devices that both help achieve the client’s goals and obtain the most favorable tax treatment. Our practice in this area is often related to our work for family-owned and other privately-held businesses and is coordinated with our business law practice. We offer a full range of probate, estate and trust administration for our clients.