Daniel J. Procaccini

Associate - Boston

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Clients rely on Dan Procaccini to help investigate, negotiate and - when necessary - litigate complex business disputes and sensitive internal conflicts. Dan maintains a diverse litigation practice with three areas of emphasis:  government enforcement and investigations, commercial litigation, and product liability and toxic tort defense. He has advised clients in the education, healthcare and technology industries targeted in civil investigations by state and federal enforcement authorities.  He represented a Fortune 500 company against environmental contamination claims brought by the Department of Justice. As a senior member of a national counsel team, he has defended a publicly traded industrial products manufacturer against asbestos-related claims in cases across the country. Through this aspect of his practice, Dan has acquired substantive knowledge about the epidemiology of asbestos-related diseases, including mesothelioma and lung cancer.

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Education:

  • Boston College Law School, J.D., 2011
  • Loyola University Maryland, B.A., summa cum laude, Phi Beta Kappa, 2008

Representative Experience

Government Enforcement & Business Investigations

  • Represented institution of higher education in state attorney general investigation related to enrollment practices.
  • Counseled several pharmacies targeted in separate state attorney general investigations alleging violations of consumer protection statutes, healthcare regulations and Massachusetts False Claims Act.
  • Assisted audit committee of multinational corporation in an internal investigation of potential violations of the Foreign Corrupt Practices Act.
  • Counseled accounting professional during an investigation by the U.S. Securities and Exchange Commission concerning the valuation of a public company.

Product Liability & Complex Torts

  • As a member of a national counsel team, defended a publicly-traded water technology products manufacturer in more than 100 actions in more than 19 states asserting asbestos-related claims.
  • Represented national telecommunications company in action alleging injuries caused by polychlorinated biphenyls (PCBs) contained in telecommunications equipment.  

Commercial Litigation

  • Represented a Fortune 500 Company in a CERCLA dispute.
  • Represented two former, principal shareholders of a company in a negligent misrepresentation and Chapter 93A suit against a large investment bank.

Pro Bono

  • Represented a group of Massachusetts high school graduates alleging unconstitutional discrimination against lawfully present immigrants in the award of merit-based scholarships to state colleges and universities; achieved regulatory reform of scholarship guidelines that remedied equal protection violation.
  • Represented a group of tenants seeking relief against their landlord, including claims under Massachusetts General Laws Chapter 93A for unfair and deceptive trade practices.
  • Represented owners of national landmark historic meeting house before Massachusetts Building Code Appeals Board in dispute with municipality over interpretation and application of state building code; achieved favorable decision before Appeals Board and won dismissal of administrative appeal in superior court.
  • "Enforcement Year in Review: Actions and Issues from 2016", The Investment Lawyer (January 2017, publication pending) (Neil Austin and Daniel J. Procaccini)
  • Massachusetts chapter of Business Torts: A 50 State Guide, Wolters Kluwer (2015, 2016) (with David Geiger and Shrutih Tewarie)
  • "Johnson v. SmithKline Beecham: A Textbook Application of Corporate Citizenship Principals," Legal Backgrounder Vol. 29, No. 10, The Washington Legal Foundation (2013) (with David Geiger)
  • "What We Have Here is a Failure to Communicate: An Approach for Evaluating Credibility in America's Multilingual Courtrooms," 31 B.C. Third World Law Journal 163 (2011)
  • "First, Do No Harm: Tort Liability, Regulation and the Forced Repatriation of Undocumented Immigrants," 30 B.C. Third World Law Journal 475 (2010)
  • Measure for Measure by William Shakespeare, Co-Edited with Commentary, Apprentice House (2007)

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Honors

  • Senior Articles Editor, Boston College Journal of Law and Social Responsibility
  • Loyola University Carrell Medalist in English
  • Loyola University Medalist in Political Science
  • Receipient of the Hon. Robert J. Gerstung Award for Commitment to Law
  • Top Ten Oralist, Wendell F. Grimes Moot Court Competition

Involvement

  • Boston Bar Association
  • Rhode Island Bar Association
  • Defense Research Institute
  • Panelist, "What We Have Here is a Failure to Communicate:  Assessing the Credibility of Non-English Speaking Witnesses," RI Bar Association Annual Meeting (2011)
  • Panelist, Trial Strategy and Tactics Presentation, Trial Advocacy at the Roger Williams University School of Law (2010, 2011)
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Bar Admissions

  • Massachusetts
  • Rhode Island

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Rhode Island
  • U.S. Court of Appeals First Circuit