Mr. Bennett handles complex commercial litigation involving financial institutions, contracts, corporate issues including directors’ and officers’ claims, disputes among members of closed corporations, and insolvency. The current focus of his practice is on rights and remedies for debtors and creditors in corporate Chapter 11 cases.

He devotes a substantial amount of time to banking and lending litigation, representing borrowers in commercial disputes. Mr. Bennett has tried numerous jury and jury-waived cases concerning business torts, unfair trade practices, and insolvency issues.

Mr. Bennett has appeared in the trial courts of Massachusetts, New Hampshire, Rhode Island, the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court, numerous U.S. District Courts including for Massachusetts, Rhode Island, New Hampshire, Delaware, and the Southern District of New York, and the U.S. Court of Appeals for the First, Third, and Eighth Circuits, as well as before state and local administrative agencies.

Mr. Bennett formerly served as an Assistant District Attorney for Middlesex County.

Representative Engagements

• Represented failed hospital in effort to recover against its lender for breach of loan agreements and against the hospital board of trustees for breach of fiduciary duty and negligence.
• Represented a law firm and certain individual partners in defense of a claim brought by a former client for breach of fiduciary duty and violation of state and federal securities law.
• Represented officers and directors of a manufacturing firm in the defense of an action for breach of fiduciary duty in connection with a sale of the company.
• Represented officers and directors of an international consulting firm for breach of fiduciary duty in connection with officers’ compensation and distributions.
• Represented officers and directors of a textile company in connection with the bankruptcy of the company and inquiries into the officers’ and directors’ conduct.
• Currently representing Trustee in connection with action asserting claims against a private equity fund including, among others, claims for breach of fiduciary duty, equitable subordination, re-characterization of its debt along with a related action against officer and directors for breach of duty of loyalty.
• Currently, representing Trustee against a multinational currency trading company for breach of acquisition agreement and claims premised upon de-facto merger.
• Multiple current representation of borrowers in restructuring negations with their lenders.