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

Debra Squires-Lee, partner in the firm’s litigation department, was quoted in the June 29^th 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.