Debra Squires-Lee quoted in Massachusetts Lawyers Weekly on preliminary injunction in broadband case

June 29, 2017

Debra Squires-Lee, partner in the firm’s litigation department, was quoted in the June 29th issue of Massachusetts Lawyers Weekly. The article, entitled “‘ Continued performance’ ordered in broadband case,” discussed the U.S. District Court’s decision to grant a preliminary injunction ordering the continued operation of a broadband internet network during the pendency of a dispute. The 18-page decision is Axia NetMedia Corporation v. Massachusetts Technology Park Corporation.

From the article:

Boston attorney Debra A. Squires-Lee agreed that, when dealing with a contract involving “critical public safety functions,” parties should include such provisions to ensure performance, even in the face of a dispute that could result in rescission of the contract.

A stronger provision, she noted, would have made explicit that the parties agreed that any interruption in service would constitute “irreparable harm” to the owner.

Squires-Lee said she found Hillman’s discussion of the risk of irreparable harm “unusual.” She further found persuasive the guarantor’s argument that, because the network was operating normally, even post-petition, there was no irreparable harm. She said that she was unaware of any Massachusetts cases holding that the loss of a negotiating position constitutes irreparable harm.