Max Perlman is an experienced business litigator, representing corporations, institutions and entrepreneurs in a wide range of sophisticated lawsuits, appeals, arbitrations and mediations. Many of his cases involve disputes arising from employment and shareholder relationships, including high-tech non-competition and trade secret litigation, close corporation shareholder disputes, and discrimination matters. Max also advises his clients on employment matters, including negotiation of terms of executive compensation, handling of employee terminations, and formulation of employment policies.

Max has served as lead counsel in cases in Massachusetts, Connecticut, New York, Georgia, Arizona, Washington, D.C., and California, and has argued before the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court. Max also is experienced in alternative dispute resolution.

In addition to his work with corporations, institutions, and entrepreneurs, Max represents professional athletes. He has represented a Major League Baseball player in litigation, has negotiated player contracts with Major League Baseball teams, and has served as a legal advisor for players and their families.

Practice Areas

• Business Litigation
• Employment Law
• Non-Competition Litigation
• Shareholder Disputes
• Sports Law

Representative Cases

BUSINESS, TECHNOLOGY AND COMMERCIAL LITIGATION

Technology Licensing : Won summary judgment for M.I.T. in complex licensing and shareholder dispute involving nerve regeneration technology.

Business Interference and RICO : Won dismissal of all claims and award of attorney's fees for Sipex Corporation, a Massachusetts and Silicon Valley-based semiconductor company, in lawsuit in federal court involving business interference and RICO claims.

Breach of Contract, Hardware and Software : Successfully prosecuted and settled breach of contract case for CCC Network Systems regarding sale of computer hardware and software.

Performance Bond : Recovered all proceeds from a $5,000,000 performance bond on behalf of ISO New England.

Development Agreement : Mediated and reached favorable settlement for Sipex in lawsuit regarding complex technology development and foundry agreement.

Non-Competition - Enforcement : Successfully enforced non-competition agreements on behalf of plaintiff, Sentient Jet, Inc. Obtained injunction and damages for client.

Non-Competition - Defense : Defended ProSource, Inc. and its employee against non-competition claims by former employer. Defeated attempt to restrain employee from working with new employer.

Non-Solicitation: Won motion to dismiss for Celox Corporation with novel argument under Massachusetts law that non-solicitation agreement is a restrictive covenant, subject to the same proof requirements as non-competition agreement.

Close Corporation Shareholder Dispute : Represented founder of NetCentric in dispute over 1.9 million unvested shares of the company. Argued before Supreme Judicial Court on complex issues regarding choice of law and the Fortune doctrine.

Limited Partnership Breach of Fiduciary Duty : Obtained multi-million dollar settlement in lawsuit against general partner of a limited partnership for breach of fiduciary duty and usurpation of business opportunity.

EMPLOYMENT AND DISCRIMINATION LITIGATION

Gender Discrimination : Successfully defended gender discrimination claim for high-tech corporate client.

Sexual Harassment -- Same Sex : Won dismissal of sexual harassment case involving same-sex harassment for corporate client.

Sexual Harassment : Negotiated favorable settlement and dismissal for major Boston hospital in sexual harassment suit.

Violation of Executive Employment Agreement : Successfully prosecuted contract claim for Vanenburg Group against former executive. Settled case for full amount demanded in complaint.

SPORTS LAW

Agent Contract Litigation : Represented Carlos Pena of the Detroit Tigers in lawsuit brought by individual claiming agent fees. Procured favorable settlement and dismissal.

Contract Negotiations : Negotiated player contracts with Detroit Tigers and San Diego Padres organizations.

Player Wage Assignment : Advised bank in wage assignment case involving former Boston Celtics player.

Published Works and Appearances

Max appears as a legal expert and sports law commentator on television talk shows.

Changing conditions can void non-compete clauses, Mass High Tech, October 11-17, 2004.

Silence the Pied Piper: Enforce employee non-solicitation pacts, Boston Business Journal, June 15-21, 2001.

Prior Experience 

Prior to joining Sullivan Weinstein & McQuay, Max clerked at the New York State law firm of Hiscock & Barclay, and with the Honorable Sue L. Robinson of the United States District Court, District of Delaware.

Education

Boston University School of Law, J.D., cum laude , 1995

• Paul J. Liacos Scholar
• Editor-in-Chief of the Boston University Legislative Services Program
• Director of the Esdaile Moot Court Program

State University of New York at Binghamton, B.A., with honors, 1992

• President of Newing College
• Chairperson of University Judicial Board
• Received prestigious Anderson Memorial Award for significant contributions to the university community

National Institute of Trial Advocacy, intensive Professional Training Program in the art and skills of Trial Advocacy, 2003.