Civil Litigation
DiLibero & Associates represents business owners in Providence and throughout Rhode Island, Massachusetts, New Jersey and Connecticut in unpaid-invoice, vendor, partnership and LLC ownership disputes. We review the agreements, business records and practical goals before discussing a course of action.
We represent small business owners in Rhode Island, Massachusetts, New Jersey and Connecticut on both sides of disputes. As plaintiffs, we pursue what you’re owed, and as defendants, we protect what you’ve built. We understand that litigation has a cost, and we’re direct about whether the economics make sense. When they do, we pursue the case.
A business dispute can interrupt payments, projects, and daily operations. We assess contracts, evidence, costs, and practical options for resolving the dispute.
When a vendor fails to deliver, delivers defective goods, or refuses to honor the terms of a supply agreement, the business on the other end absorbs the cost. We pursue breach of contract and business tort claims against vendors and defend businesses against supplier claims.
A breach of contract can emerge when a client doesn’t pay for services rendered or goods delivered. Damages include the unpaid amount, interest, and in some cases, attorney’s fees. We pursue these claims in state and federal court, depending on the amount and the parties involved.
When business partners can no longer work together due to a disagreement, breach of the operating agreement, misconduct, or a partner wanting out, the dissolution has to be handled carefully. We represent individual partners in multi-member LLC disputes, including buyout negotiations and litigation over ownership rights and distributions.
We pursue injunctive relief and damages in unfair competition, misappropriation of trade secrets, and breach of non-compete claims. This occurs when a former employee takes your client list, a competitor copies your proprietary process, or a partner sets up a competing business while still on your payroll.
We represent business owners and commercial property owners in contractor disputes. Legal and operational problems compound quickly when contractors abandon jobs, perform substandard work, or file mechanic’s liens after being paid. We pursue damages, contest liens, and defend against contractor claims.
Not every dispute puts you on the plaintiff’s side. We defend small businesses against breach of contract claims, supplier disputes, customer litigation, and employment-related civil claims.
If your business did work or supplied materials for a building project and was not paid, Rhode Island law may let you claim a lien against the property (R.I. Gen. Laws § 34-28-1). The deadlines are strict. Missing one voids the lien.
Massachusetts uses a different, multi-step process under M.G.L. c. 254. Each step has its own deadline, and missing one can dissolve the lien. If a notice of substantial completion or a notice of termination is recorded, the deadlines can come sooner (M.G.L. c. 254 §§ 2, 4, 8).
Rhode Island’s Uniform Trade Secrets Act, the Massachusetts trade secrets statute, and the federal Defend Trade Secrets Act protect business information that gets its value from not being generally known. The owner must also take reasonable steps to keep it secret (R.I. Gen. Laws § 6-41-1; M.G.L. c. 93 § 42; 18 U.S.C. § 1839).
Each law lets a court stop actual or threatened misappropriation. Under the federal law, that order cannot bar someone from taking a job, and any conditions must rest on evidence of threatened misappropriation, not merely on what the person knows (18 U.S.C. § 1836(b)(3)(A)).
Damages can include your actual loss plus unjust enrichment, or a reasonable royalty. For willful and malicious misappropriation, the court may add up to twice that award and may award reasonable attorney’s fees to the winning side. Fees can also be awarded against a claim brought in bad faith (R.I. Gen. Laws §§ 6-41-3, 6-41-4; M.G.L. c. 93 §§ 42B, 42C; 18 U.S.C. § 1836(b)(3)).
Claims generally must be filed within three years after the misappropriation was discovered or reasonably should have been (R.I. Gen. Laws § 6-41-6; M.G.L. c. 93 § 42E; 18 U.S.C. § 1836(d)). A federal claim also requires a trade secret related to a product or service used, or intended for use, in interstate or foreign commerce (18 U.S.C. § 1836(b)(1)).
For an unpaid invoice, we examine who contracted, what work or goods were promised, what was delivered, and why payment is disputed. A useful account summary separates invoices, payments, credits, and contested items. The next step may be a supported demand, a negotiated payment agreement, or litigation; the economics and evidence matter as much as the balance claimed.
For an ownership dispute, identify who owns the interest, who controls decisions, and what the operating, shareholder, or partnership agreement says about records, transfers, buyouts, and dissolution. Bring the executed documents and later amendments. An ownership disagreement does not by itself establish a right to force the other owner to sell. Tell counsel about threatened transfers, loss of access to company records, or use of confidential information.
When the dispute is already in court, use our guide to defending and pursuing civil claims. For an immediate threat, review urgent civil court relief. A negotiated ownership transfer may also require transaction and acquisition work alongside resolution of the dispute.
A formal legal demand makes clear that the claim is serious and that the attorney behind it is prepared to follow through. Our demand letters are written to show exactly that and to give the other side a chance to resolve the dispute before suit.
The claim, requested relief, amount, and parties determine the available court. For ordinary Rhode Island civil actions at law, District Court generally has exclusive jurisdiction through $5,000; District and Superior Courts share jurisdiction above $5,000 through $10,000; and Superior Court has exclusive jurisdiction above $10,000. Equity and certain property matters have different rules (R.I. Gen. Laws § 8-8-3; § 8-2-14). Massachusetts uses its own jurisdictional rules. Federal jurisdiction may rest on a federal question or complete diversity of citizenship with more than $75,000 in controversy, excluding interest and costs. We assess jurisdiction and venue before filing; an out-of-state party alone does not make a case federal.
Business disputes live in the records. Contracts, emails, invoices, accounting records, and communications build the evidentiary record that supports your position and challenge any documentation the other side relies on.
We prepare every matter for trial and make clear from the start that we’re not looking for the fastest exit.
From the first call to the work itself.
When you contact us, you are not entering a queue.
What we do. Call 401-621-9700 or request a consultation online. We take your details and check for conflicts of interest before we discuss your matter.
What to prepare. Your contact details, the names of the people and businesses involved, the court if a case is pending, and any known response or hearing date.
We will give you honest answers about where you stand and what your options are.
What we do. An attorney reviews what happened, the documents you have, and any deadlines that may apply, then talks you through your options.
What to prepare. The contract or agreement, the key emails or letters, and invoices or payment records.
We prepare every case as though it’s going to trial.
What we do. If you decide to hire the firm, we confirm the engagement and get to work, and you know who is handling your matter.
What to prepare. Keep any new notices, letters, or court papers and send them to us as they arrive.
Every matter is different, so the steps and how long each one takes vary.
Attorney
Criminal defense, state and federal · Personal injury · Civil litigation
View profileDylan has built three small businesses from the ground up, bringing practical business experience to his legal work. Read more in his profile.
Connecticut state bar; New Jersey state bar and U.S. District Court for the District of New Jersey.
I had a great experience working with Dylan. He helped guide me through a situation I was dealing with involving a car dealership, and from the start he was professional, knowledgeable, and very easy to work with. Dylan took the time to explain everything clearly and made sure I understood my options every step of the way. Even though the situation didn’t require anything overly complicated, it was clear that Dylan really knows his stuff and genuinely cares about helping his clients. He was responsive, straightforward, and made the entire process much less stressful. I would absolutely recommend Dylan to anyone looking for a reliable and trustworthy attorney. Thanks again for your help!
Translated from the reviewer's original English on Google.
Stephensilva SilvaOur go to! We have utilized DiLibero & Assoc for a few years now and highly recommend. They are easy to reach, operate in a timely manner, and in each instance- they guided us and handled our situations surpassing our expectations. So grateful to always know exactly where to turn! And to actually get resolution. On top of that being treated with dignity and respect- definitely minimizes the stress when going through difficult predicaments.
Translated from the reviewer's original English on Google.
Aimee ZwolinskiTrustworthy, professional, and knowledgeable. DiLibero & Associates took the time to explain everything clearly and always made me feel informed throughout the process. Their honesty, responsiveness, and attention to detail gave me confidence every step of the way. I highly recommend them to anyone looking for legal representation they can trust.
Translated from the reviewer's original English on Google.
Tony LevadaOne of the best experiences i’ve ever had legally was with this firm! Lisa and Dylan are extremely professional and determined to get you a desirable outcome! They kept me well informed throughout the entire process and were nothing but professional, understanding, and helpful. I will always recommend this firm due to its staff’s dedication to getting you results that matter!
Translated from the reviewer's original English on Google.
Elaina MI couldn’t be more impressed with Delibero and Associates. From my very first consultation, they were attentive, professional, and genuinely cared about my case. Dylan took the time to explain every step of the process and kept me informed the entire way. Their expertise and attention to detail gave me complete confidence that I was in excellent hands. What stood out most was their compassion, they treated me like a person, not just a client. The entire team worked efficiently, communicated clearly, and delivered results that exceeded my expectations. If you’re looking for a law office that combines deep legal knowledge with true dedication to their clients, I highly recommend Delibero and Associates. They turned a stressful situation into a positive outcome.
Translated from the reviewer's original English on Google.
Michael MarzilliTestimonials reflect individual experiences. Prior results do not guarantee a similar outcome.
Reviews describe individual clients’ experiences. Every matter is different.
Read all reviews on Google (opens Google Maps in a new tab)
It depends on the amount in dispute, the strength of your position, and what you’re actually trying to accomplish. Some business disputes are worth litigating to full resolution. Others are worth a demand letter and a negotiated settlement. Sometimes, either option isn’t worth the cost either way.
Depending on the amount, your options range from a formal demand letter to small claims court or Superior Court litigation. Rhode Island small claims handles contract claims of $5,000 or less, and Massachusetts small claims handles claims up to $7,000. In Rhode Island, a corporation generally needs an attorney even in small claims unless it fits a narrow small-company exception. For larger amounts, we file in District Court or Superior Court and pursue the full scope of damages.
If you have an operating agreement or partnership agreement, that document governs buyout rights, decision-making authority, and dissolution procedures. If you don’t, the default rules of Rhode Island or Massachusetts law apply, which may not reflect what either of you actually intended. We represent partners through negotiated buyouts, mediated resolutions, and litigation when the relationship can’t be unwound any other way.
Potentially yes, particularly if the employee signed a non-compete, non-solicitation, or confidentiality agreement, or if they took proprietary information or trade secrets. Rhode Island and Massachusetts have different and increasingly restrictive rules on non-compete enforceability (Massachusetts Noncompetition Agreement Act, M.G.L. c. 149 § 24L; Rhode Island Noncompetition Agreement Act, R.I. Gen. Laws ch. 28-59), which limit or bar non-competes for many employees. Non-solicitation and confidentiality agreements fall outside both acts and are judged separately. We assess what you have in place and the remedies available, including emergency injunctive relief.
Call an attorney immediately. Deadlines to respond to a complaint in Rhode Island and Massachusetts are short (typically 20 days from service), and missing them can result in a default judgment against you regardless of the merits of the claim. We review the complaint, advise on the strength of the plaintiff’s position, and respond within the required timeframe.
It depends on the complexity of the dispute and how far it goes. A demand letter followed by a negotiated settlement is a different engagement from a fully litigated breach of contract case with discovery and trial. The first conversation is free, and we use it to discuss fee structures and give you a realistic sense of what the matter is likely to require.
The notice of intention must be mailed to the owner and filed in the city or town land evidence records before or within 200 days after the work or materials. A complaint to enforce the lien and a notice of lis pendens must then be filed within 40 days after the notice is recorded (R.I. Gen. Laws §§ 34-28-4, 34-28-10).
It can be. Massachusetts law expressly lists customer lists as an example, and Rhode Island law covers compilations of information (M.G.L. c. 93 § 42; R.I. Gen. Laws § 6-41-1). In either state, the list must get its value from not being generally known, and you must have taken reasonable steps to keep it secret.
Generally three years after the misappropriation was discovered or, with reasonable diligence, should have been. That rule applies under Rhode Island, Massachusetts, and federal law, and a continuing misappropriation counts as one claim (R.I. Gen. Laws § 6-41-6; M.G.L. c. 93 § 42E; 18 U.S.C. § 1836(d)).
Bring the agreement, ownership documents, invoices, payment history, and communications that show what each party agreed to do. Identify upcoming notice dates, demands, and any urgent threat to assets or ongoing operations.
Detailed contract-enforcement and construction-payment issues belong in our contract dispute guide. For planning before a dispute arises, see ownership agreements and corporate governance.
A business ownership consultation needs a clear record of who is involved and in what capacity. List each owner, ownership interest, management role and stated position in the disagreement. Gather the signed partnership, operating or shareholder agreement, amendments, ownership records and the communications about the disputed decision, payment or proposed exit.
Prepare a separate chronology of requested records, distributions, contributions and buyout discussions. Identify the practical goal: continued operations, access to information, a negotiated departure or resolution of a pending claim. We review the actual agreements and records before discussing options. For planning an agreed change, see ownership planning records; for court preparation, see our civil litigation process.
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