ADA Access Defense
Secured dismissal of claims under Title III of the Americans with Disabilities Act and state accessibility laws against a wired telecommunications provider based on the location of utility poles located in public sidewalks throughout the city.
Bad Faith Claims Handling Defense
Frequently represent insurance companies facing treble damages based on allegations of bad faith claims handling, including a 2014 defendant’s verdict in a lengthy bad faith claims handling trial.
Successfully defended an insurance company who was a defendant in a putative class action challenging the manner in which it handles automobile claims in Massachusetts.
Represented an underwriter who was a defendant in a consolidated class action lawsuit (described as one of largest class actions ever filed) based on allegations about the manner in which issuers and underwriters distributed shares of stock in 309 stock offerings.
Successfully defended a nutritional supplement manufacturer and obtained a global settlement prior to class certification in an action that alleged, among other things, fraud, misrepresentation and violation of numerous consumer protection statutes.
Successfully defended the advertising guidelines of a transit authority against a First Amendment challenge brought by a political advocacy group.
Defeated a defamation lawsuit by a proposed gambling facility against a local critic of its plans, recovering an award of attorneys’ fees.
The firm attorneys have represented a healthcare client in responding to Federal grand jury subpoenas and state regulatory investigations.
Represented a manager of an internationally acclaimed hospital, who was being investigated for receiving bribes and kickbacks from a pharmaceutical company. Our client was not indicted.
Represented a manager of a global medical device manufacturer who was being investigated for submitting false documents and reports to the Food and Drug Administration in order to obtain approval of a well-known medical device. Our client was not indicted.
Represented the pharmacy manager of a health care provider who was alleged to have received kickbacks and bribes from a pharmaceutical company. Our client was not indicted.
Represented a corporate officer in an FDA investigation involving clinical trials of a significant medical device. Our client was not indicted.
Successfully defended health care client in in a commercial litigation matter in which the plaintiff claimed that our client had breached its contract to purchase plaintiff’s product, engaged in unfair and deceptive trade practices and had wrongfully disparaged its product.
Secured summary judgment in favor of a prominent horse farm against negligence claims brought by a former student who fell off a horse during a riding lesson and successfully defended the plaintiff’s appeal. In August 2016, the Appeals Court affirmed the trial court’s order granting summary judgment.
Obtained a defense verdict on behalf of our client in a motor vehicle case in which plaintiff claimed the defendant was at fault in a truck-auto accident that plaintiff alleged had resulted in wholly debilitating and disabling chronic regional pain syndrome.
Successfully defended a restaurant at trial in Massachusetts federal court in a suit to recover for injuries sustained when a wind-blown market umbrella struck a patron. Obtained a verdict that was a small fraction of the plaintiff’s demand.
Favorably settled a trademark infringement claim against a prominent television personality.
Mediated settlement of patent infringement and c. 93A case against Fortune 500 company.
Secured the dismissal of a federal case in Nevada in which our publishing client’s copyrights were challenged.
We have represented a major Health care provider in investigating, uncovering and prosecuting an employee who committed a long term fraudulent scheme. The firm helped the client to recover a substantial amount of money stolen over a period of years.
The firm routinely conducts internal investigations for clients including a number of the major colleges and universities in the Commonwealth.
Successfully defended developer of affordable housing from 8 years of appeals by abutters under the Massachusetts Wetlands Protection Act and Waterways Act in Department of Environmental Protection, Suffolk Superior Court, Middlesex Superior Court and the Appeals Court.
Obtained annulment in Land Court of Zoning Board’s decision granting zoning relief granted to abutting commercial property owner to develop new office, which would have led to increased traffic and parking on client’s commercial property.
Defended and favorably resolved wrongful death claims against a national hotel chain sued as a result of a murder at their hotel.
Plaintiff’s Personal Injury
Obtained $10 million verdict in civil claim on behalf of two young women who were sexually assaulted by their father throughout their childhood.
Obtained summary judgment for a national restaurant chain in a personal injury suit. Plaintiff alleged she fell due to an alleged spill and attempted to expand the “mode of operation” theory into regular bar operations. The Court limited the “mode of operation” theory to self-service situations.
Products Liability and Toxic Tort
Obtained a directed verdict in a case alleging injury due to exposure to asbestos from the client’s products.
Obtained a defense verdict in a products liability case alleging that the industrial equipment that caused an injury was improperly guarded.
Defended a securities broker who was exonerated after lengthy federal jury trial in which the SEC alleged that our client profited from improper trading on insider information.
Frequently represent clients who have received subpoenas and Wells notices from the SEC, in connection with SEC investigations into the propriety of SEC filings, accounting judgments and officer and director stock sales.
Theft of Trade Secrets/Computer Fraud and Abuse Act
Successfully resolved claim against sales team that left their employer and started a new company and were accused of misappropriating customer lists.
Uniform Commercial Code
Prevailed in arbitration on behalf of an equipment manufacturer on claims of breach of warranty and defective design brought by supermarket chain seeking contract rescission and recovery of lost profits.
Represented a nationally known physician in a health fraud investigation. Our client was not indicted.
Represented the sales representative of major pharmaceutical company in a health fraud investigation. Our client was not indicted.
Represented a medical director of an international biopharmaceutical company in a large federal investigation of alleged off-label marketing of drugs and medical devices.
Successfully obtained a stipulated dismissal of a negligence claim in state court against an internal medicine hospitalist following service of a motion for summary judgment proving the lack of a physician-patient relationship between the physician and plaintiff at the time of the negligence alleged by the plaintiff.
Successfully obtained partial summary judgment on behalf of a large Central Massachusetts Hospital which was organized as a charitable institution entitled to a statutory limitation on its potential liability of $20,000 under Massachusetts statutory law.
Successfully obtained dismissal of claims against a psychiatrist who was alleged to have negligently ordered Lithium for a pregnant patient who later gave birth to a child with Down’s Syndrome and congenital heart defects.