Litigation Matters

1. Mark Searles v. Kenneth Fishkin d/b/a Ken Fishkin and Associates (PC-2011-2400).
   Represented a media agent through a jury trial as lead counsel.  At the end of trial, obtained a unanimous jury verdict in his favor, successfully defending him against claims for breach of contract and breach of fiduciary duty, and successfully obtaining a judgment for his counterclaim for breach of contract.
2. Boudreau v. Automatic Temperature Controls, Inc., 212 A.3d 594 (R.I. 2019).
   Represented an employer and obtained dismissal of claims that it violated State, Federal, and privacy laws by installing a screen capturing software on an employee’s computer to detect if the employee was viewing explicit and illegal material.
   Subsequently, represented the employer on appeal and presented oral argument before the Rhode Island Supreme Court, which affirmed the trial court’s dismissal of the employee’s claims, finding that they were time-barred pursuant to the applicable statute of limitations.  (Decision available here).
3. Biscayne Entertainment, Inc. v. City of Providence Board of Licenses, C.A. No. 20-130-JJM-LDA, 2020 WL 3104934 (D.R.I. June 11, 2020).
   Represented a company, and, after requesting reconsideration of the district court’s decision, was successful in obtaining injunctive relief on the company’s claims that the City of Providence violated the First Amendment.  (Decision available here).
4. BFT Advisors, LLC v. James Long, et al., C.A. No. 21-CV-10994-AK (D. Mass. June 3, 2022).
   Represented several companies and their owners against contract, fraud, and unfair and deceptive trade practices claims, and obtained dismissal of a complaint against them on jurisdictional grounds.  (Decision available here).

Receivership and Special Mastership Proceedings

1. Peter Mumma v. Phoenix Houses of New England, Inc. (PM-2021-00006).
   Represented a Special Master, appointed pursuant to the Rhode Island Superior Court’s newly-created non-liquidating receivership program, of a substance use disorder treatment company with facilities in four states, which the Special Master reorganized and transitioned to various new operators.  The transition of the facilities and the Special Master and his counsel’s efforts preserved the ongoing provision of services to the facilities’ patients, retained jobs, paid all creditors’ approved claims in full, and resulted in a surplus estate.  (Available here: first interim report, second interim report, third interim report, and fourth interim report).
2. Berkshire Bank v. Tiverton Recreation, LLC (KC-2019-1306).
   Represented a company in an involuntary receivership proceeding instituted against it by its secured lender, and successfully obtained private financing for the company, which resulted in the receivership being dismissed.
3. Kory P. Keegan v. CK Custom Kabinetry, Inc. (WC-2020-0198).
   Appointed temporary and permanent receiver of a custom cabinet fabricator located in Oakland, Rhode Island.  (Available here: first and final report).
4. John Gray v. Pearl Gray, LLC d/b/a Saint Monday (PC-2019-10894).
   Appointed temporary and permanent receiver of Providence-based, 3,100 square foot restaurant and bar. (Available here: first and final report).

Bankruptcy Proceedings

1. In re: Preferred Equipment Resource, LLC (Bk. No. 1:21-bk-10308) (Bankr. D.R.I.).
   Represented a bank in a Subchapter V, Chapter 11 proceeding, limited the debtor-in-possession’s use of the bank’s cash collateral, and negotiated the first Subchapter V consensual plan in that Court, which resulted in a full satisfaction of the debt owed to the bank.
2. In re: 6365 Fourth Avenue Corp. and 11 Forest Avenue Corp. (Bk. No. 19-23948) (Bankr. S.D.N.Y).
   Represented a bank in a Chapter 11 proceeding and defended its claim from a claim objection and obtained limited relief from stay to continue quiet title litigation in the Rhode Island Superior Court that was initiated prior to the commencement of the Chapter 11 proceeding.