Intellectual Property
- Represent national research universities and research institutes in matters relating to patents, intellectual property, and information transfer.
- Represent a major Massachusetts university in dispute over royalty obligations under technology license agreement.
- Create comprehensive copyright policies for colleges and universities, covering such matters as compliance with the TEACH Act, appropriate uses of copyrighted materials in teaching, and use of copyrighted materials in university libraries.
- Management of organic chemistry-related patent portfolios for several New England, Midwestern and southeastern research universities
- Represent companies in-licensing IP from academic institutions such as Harvard University, the Massachusetts Institute of Technology (MIT), the Whitehead Institute for Biomedical Research, Johns Hopkins University and the University of California, San Francisco (UCSF), as well as represent institutions (e.g. Harvard Medical School, Dana Farber Cancer Institute and Tufts University) in out-licensing intellectual property.
- Represented the University of Massachusetts (UMass) in federal court action brought by Max Planck Institute and Alnylam Pharmaceuticals against three co-owners of patent applications directed to therapeutic uses of RNA interference. Obtained judgment in favor of UMass on all damages claims asserted against it. Thereafter, negotiated global settlement agreement by which UMass became a co-owner of Max Planck’s competing patent applications on RNA interference.
- Currently representing the University of Massachusetts Biologic Laboratories in dispute with MedImmune over royalty obligations under technology license agreement covering MedImmune's Synagis® drug for treatment of RSV. Separate actions pending in District of Massachusetts and Maryland state court.
- Represented Johns Hopkins University and Baxter Healthcare in patent litigation against CellPro involving human stem cell technology. Won jury verdict of willful infringement and awards of treble damages and attorneys’ fees. Judgments affirmed in Johns Hopkins Univ. v. CellPro, Inc., 152 F.3d 1342 (Fed. Cir. 1998).
Litigation & Investigations
- Serving as lead outside counsel in connection with Harvard's review of Jeffrey Epstein’s giving and other connections to the University. See more.
- Representing actress Felicity Huffman in the "Varsity Blues" college admissions case.
- Securing summary judgment for Harvard in a former faculty member’s challenge to the University’s decision to deny her application for tenure—a result the First Circuit affirmed on appeal. See Theidon v. Harvard, 948 F.3d 477 (1st Cir. 2020).
- Successfully resolving a claim against a major university in a case alleging that the university failed to respond appropriately to complaints about sexual harassment.
- Conducting an independent investigation reviewing allegations of sexual abuse at an independent school and the leadership's response to those allegations. See more.
- Securing the dismissal of a suit brought by students at Harvard challenging the university’s investments in fossil fuels—a decision the Massachusetts Appeals Court affirmed on appeal. See Harvard Climate Justice Coalition v. President & Fellows of Harvard College, 90 Mass. App. Ct. 441 (2016).
- Defended a large proprietary educational company in a multi-year investigation by the U.S. Senate Health, Education, Labor and Pensions Committee.
- Secured the dismissal of wrongful death claim brought against a major university by the family of a man murdered on campus.
- Defend national for-profit universities in consumer fraud investigation initiated by State Attorney General.
- Won the dismissal of an educational testing company from a federal lawsuit claiming employment discrimination, breach of contract, and violation of consumer protection.
- Successfully defended a university professor in National Science Foundation investigation of alleged research fraud.
Infrastructure & Construction
- Assisted a major university in the acquisition of sites, permitting, and construction of its new facilities.
- In connection with the construction of a high-containment urban laboratory, represented a private university in brokering a favorable settlement involving contractors, suppliers, design professionals, and insurers.
- Representation with regard to the resolution of disputes resulting from a systems failure during construction of a university's controversial infectious diseases laboratory -- including with the project manager, designers, subcontractors, suppliers, and professional liability and builders' risks insurers.
Labor & Employment
- Represent colleges and universities in relationships with unions, including faculty unions.
- Represent institutions in matters involving faculty promotion, tenure, and dismissal.
Nonprofit Governance
- Serving as general counsel for leading Massachusetts colleges, universities, and secondary schools
- Assisting Massachusetts charter schools on matters of institutional governance and compliance with state statutes and regulations.
Legislative & Regulatory Strategies
- Represented leading for-profit colleges and universities in developing and implementing comprehensive federal legislative and regulatory strategies.
- Represent prospective charter schools in the development of their charter application proposals and in navigating the state chartering process.
- Advise institutions on the proprietary school licensure process in Massachusetts and related compliance issues.
- Provide policy guidance and strategic planning for both regular education and special education clients in terms of federal legislation, including the Conference of Educational Administrators of Schools and Programs for the Deaf.
Civil Rights/Title IX Compliance
- Advise colleges, universities, and secondary schools on admission and recruitment policies, including compliance with court rulings on affirmative action and related issues.
- Represent institutions in sex, race, and disability discrimination cases filed by students and employees.
- Submitted amicus briefs on behalf of education associations, officials, and scholars in key Supreme Court litigation.
Environmental Law
- Advising Boston University in connection with the development of the National Emerging Infectious Diseases Laboratories in Boston’s South End. The advice concerns compliance with federal NEPA requirements and parallel Massachusetts requirements under MEPA.