At Maya Murphy, we assist business owners, partners, and investors with all levels of business disputes. We strive to be proactive and creative, alternatively troubleshooting and assessing risk to prevent potential pitfalls. Our clients have ranged from individual or family-run start-up companies to large banks and lending institutions. While litigation is a last resort for any business, our aggressive, passionate advocates work tirelessly within the court system to advance and protect our clients’ best interests, with a view towards billing efficiency and success on the merits.
Contract Breaches and Commercial Disputes
Prompt and timely performance of a contract’s terms – at a fair and negotiated price – are at the heart of any contractual agreement. At Maya Murphy, we will analyze the strengths and weaknesses of any claimed breach of contract, and advise our clients with respect to the likely outcome of court proceedings. Our experienced attorneys have available state-of-the-art legal research tools which enable us to quickly and efficiently assess your legal claims.
Intellectual Property Disputes
Copyright: Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to reproduce, replicate, distribute, transfer, perform, and/or display the original work, by way of a recording, retransmission, or derivative work. For further information on copyright privileges, rights, and procedures, consult with one of our attorneys at the Maya Murphy Business Law Group.
Trademark: A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. The Business Law Group at Maya Murphy works to guide clients through a potentially confusing trademark application process, assisting our clients with comprehensive trademark, service mark, and word mark searches where requested. We can evaluate your proposed word mark or service mark against statutory requirements and advise you accordingly.
Disputes regarding commercial or residential construction issues may be contentious, time-consuming, inconvenient, and potentially expensive to resolve. Our Business Litigation Group has the experience necessary to advance and protect our clients’ interest in even the most complex construction litigation matters. We regularly advise our clients regarding mechanic’s liens, contract violations, payment disputes, property damage, contractor’s rights, and the remedies available under the Home Improvement Act (Section 20-418 of the Connecticut General Statutes). At every turn, we seek to achieve efficient, effective solutions for construction-related disputes.
Mortgage Foreclosure Actions
Our attorneys have successfully defended and prosecuted mortgage foreclosure actions, both for homeowners and for private lending institutions. Our business litigation group will advise you of your rights, evaluate your options, and formulate a path to success through litigation where warranted.
Commercial Landlord-Tenant Litigation
The Business Litigation Group at Maya Murphy frequently advises parties on the rights and remedies available to them by virtue of a landlord/tenant relationship in the context of business. Our attorneys are experienced in the negotiating, drafting, and enforcement of commercial leases and the rights contained therein, from the duty to deliver possession to the covenant of quiet enjoyment.
Where warranted, we litigate matters arising from a breach of contractual obligations, evictions, and actions for monetary damages. Before you enter into a commercial lease – or upon the discovery of any dispute related thereto – our Business Litigation Group at Maya Murphy stands ready to provide sound advice.
Real Estate Disputes
At Maya Murphy, we have advised numerous clients on matters related to their status as homeowners: from the quiet enjoyment of their property to the interpretation and enforcement of real estate covenants, easements, and contracts for sale. As litigation in these circumstances is the least preferable option, our creative, experienced attorneys will consult with you regarding any property-related dispute, advise regarding the viable claims and defenses under the circumstances, and advocate on your behalf – all in a manner intended to protect your legal rights and minimize conflict where possible.
At Maya Murphy, we are proud to have one of the most distinguished and successful employment law practices of any firm in the region. Described in more detail elsewhere on this website, our Employment Law Group stands ready to aggressively and comprehensively protect and advance the claims and defenses of our clients with the context of the employment relationship. We routinely handle matters on behalf of both employees and employers, including those related to:
- Non-compete covenants, non-solicitation agreements
- Trade secrets
- Wrongful Termination
- Gender, racial, or sexual orientation discrimination
- Family Medical Leave Act
- Sexual harassment
- Tortious interference
Please contact the attorneys at Maya Murphy for a free consultation related to any employment-related dispute.
Compliance and Employee Handbooks
At Maya Murphy, our Business Law Group – with the benefit of vast experience in the field of employment law – regularly assists our clients with the drafting, editing, and preparation of employee handbooks for small and mid-size businesses. Planning for compliance safeguards and internal dispute resolution on a company level, when done properly and proactively, can save a business substantial time and resources later. Whether a client is starting up a new business or conducting a periodic review of policies and procedures, our Business Law Group at Maya Murphy is prepared to keep the client advised and informed, in order to minimize conflict and maximize profit.
Corporate, Shareholder, and Partnership Litigation
There are times when even the strongest, most valued business relationship will fail. There are instances where business partners, shareholders, and investors – who may have had the very best of intentions in times of economic prosperity – will become enemies, liabilities, and litigants.
The Business Litigation Group at Maya Murphy is well-versed in all types of business divorces. We are experienced and prepared to interpret and apply provisions of operating and buy/sell agreements where applicable, and to advance and protect the business interests of individuals in matters involving business improprieties, loss of investment, business lockouts, ultra vires actions, and shareholder derivative suits.
Consult with one of our litigators to learn how to best protect your interests from a disgruntled former business partner, or to seek an efficient end to a non-functioning business relationship.
Maya Murphy’s Business Law Group assists our clients with the collection of accounts receivable where it is efficient and practical to do so. Unpaid invoices for services rendered can create an unwanted, undesirable strain on business and profitability. Consult with a member of our firm’s Business Law Group for advice on recovering accounts receivable, and to assist your small business in creating mechanisms to retain value for your services.
Connecticut Unfair Trade Practices Act (CUTPA)
The Connecticut Unfair Trade Practices Act (CUTPA), found at Connecticut General Statutes §§ 42-110a – 42-110q, allows a person or consumer who lost money or property due to unfair or deceptive trade practices to bring a lawsuit against a company and recover damages for losses incurred. CUTPA grants the court the discretion to award punitive damages, costs, and reasonable attorney’s fees, as well as other relief (such as an injunction).
Essentially, CUTPA prohibits “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Conn. Gen. Stat. 42-110b(a). In determining whether an act or practice is unfair, the Supreme Court of Connecticut has adopted a three-factor test: (1) whether the practice, without necessarily having been previously considered unlawful, offends public policy as it has been established by statutes, the common law, or otherwise; (2) whether it is immoral, unethical, oppressive, or unscrupulous; and (3) whether it causes substantial injury to consumers, competitors, or other businessmen. Not all three of the factors need to be present for a court to determine that a business violated CUTPA and should be held accountable for damages to a consumer.
The attorneys in the Business Law Group of Maya Murphy stand ready to advise our clients on potential violations of the Connecticut Unfair Trade Practices Act and to assess the viability of claims under the statute. Contact us for assistance with your business litigation case.