Neil Austin

Partner, Co-Chair, Advertising & Marketing Practice

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Neil Austin’s practice is built on a strong foundation of state and federal trial experience, with particular emphasis on litigating and resolving business disputes, representing clients in government and internal investigations, and advising clients on infrastructure and construction matters. Neil brings a practical approach to dispute resolution and counseling, representing clients in a broad range of industries on key areas of litigation risk, including breaches of contract, business torts, intellectual property disputes, securities litigation, and class action defense. He maintains an active trial schedule, having tried, arbitrated and mediated cases for corporate and individual clients on issues ranging from international commercial disputes to alleged business torts.

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Education:

  • Boston University School of Law, J.D., magna cum laude, 2003
  • University of Georgia, B.A., summa cum laude, 1998

Representative Experience

Business Litigation and Dispute Resolution

  • Represents local hospital and physicians’ organization in qui tam action alleging improper billing of Medicare and Medicaid
  • Represents greeting card manufacturer as plaintiff in action alleging copyright and trademark infringement
  • Obtained complete jury verdict on behalf of German medical device company alleging breach of contract against counterparty to asset purchase agreement
  • Obtained series of favorable bench trial verdicts on behalf of international company that purchased food products contaminated with melamine
  • Represented a national bank holding company and its subsidiaries in a federal lawsuit concerning the sale of residential mortgage-backed securities
  • Represents clients in advertising disputes involving competitors and government regulators
  • Represented international pension funds in disputes with investment management firms over alleged breaches of fiduciary duty
  • Represented manufacturer of surgical products in trade libel suit brought by former distributor

Government and Internal Investigations

  • Conducted internal investigation for area hospital reviewing allegations of professional misconduct by physician
  • Conducted internal investigation for private boarding school regarding allegations of past sexual abuse and the school’s response to those allegations
  • Conducted internal investigation for publicly held company regarding allegations of stock options backdating
  • Represented software company in internal and SEC investigations regarding timing of stock option grants
  • Represented bank officer in U.S. Attorney’s Office investigation of insider trading
  • Defends privately-held educational institution in investigation by the Massachusetts Attorney General

Infrastructure and Construction

  • Represents public sector clients in connection with Boston-based transportation and development projects, including the Green Line Extension and the South Station Expansion
  • Represents major infrastructure construction company in connection with disputes arising out of projects in New York City
  • Represents public and private sector clients in disputes concerning the construction and operation of solar energy projects
  • Advises private sector client in connection with offshore wind opportunities

Honors

  • Recognized by the Political Asylum/Immigration Representation Project (PAIR) for pro bono work on behalf of immigrant detainees, 2008
  • Edward F. Hennessey Distinguished Scholar, Boston University School of Law, 2003
  • Recipient of Dean’s Award for Securities Regulations, Boston University School of Law, 2003
  • Recipient of Dean’s Award for Criminal Procedure, Boston University School of Law, 2003

Involvement

  • Board member, Lawyers’ Committee for Civil Rights and Economic Justice
  • Steering Committee Member of the Boston Bar Association’s Public Interest Leadership Program (2012-2013)
  • Alumnus of the Boston Bar Association’s Public Interest Leadership Program (2009-2010)
  • Recipient of PAIR Project, Inc.’s Detention Attorney Award (2008) 
  • Recognized by the Supreme Judicial Court for pro bono representation of immigrant detainees (2007)
  • American Bar Association, Member
  • Massachusetts Bar Association, Member
  • Boston Bar Association, Member

  • Speaker, “The Ten Commandments of Practical Lawyering,” TechGC New York/Boston, (June 2017 and March 2017)
  • Panelist, “Putting Clients Under the Microscope: The Mechanics of Business Investigations and the Challenge of Serving as an Independent Investigator,” Rhode Island Bar Association Annual Meeting (June 2017)
  • Speaker, “Ten Insanely Important FTC Advertising Enforcement Trends for 2016,” Webinar (February 2016)
  • Panelist, “Communicating in the Web 2.0 World: Social Advertising, Trademark and Copyright Strategies You Will Like,” Association of Corporate Counsel Technology Summit (March 2015)
  • Co-chair and Panelist, “An Insider’s View of False Advertising Disputes - From the FTC, NAD, and In-House Counsel,” Boston Bar Association Continuing Legal Education (December 2013)
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Bar Admissions

  • Massachusetts

Court Admissions

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