Richard G. Baldwin

Partner - Boston

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Rich Baldwin is a partner in the firm’s Litigation Department with three areas of emphasis: commercial disputes, product liability and toxic tort defense, and bankruptcy litigation.  In all three areas, Rich has coordinated and managed all phases of complex litigation, including extensive experience developing and implementing discovery protocols and making use of vendors and tools to manage large document productions and analysis, and trying cases to verdict or judgment.

In his commercial practice, Rich represents individuals, companies, and foreign sovereigns in state and federal courts and domestic and international arbitration on critical commercial matters ranging from disputes over essential contracts to thefts of trade secrets to misrepresentation claims. In all cases, Rich works closely with his clients to identify the most important issues at stake in the dispute and develops a litigation strategy focused on those issues and resolving them as effectively as possible, whether through settlement or trial.  

As a senior member of a national counsel team, Rich defends a publicly traded industrial products manufacturer against asbestos-related claims in trial and appellate courts across the country. Rich also advises established and emerging companies—including in the renewable energy and cannabis industries—on issues of product liability law to avoid or minimize the risk of litigation in the future.  

Rich’s bankruptcy practice involves representing debtors, creditors, examiners and other professionals concerning bankruptcy matters, both in advance of any bankruptcy filing and once the bankruptcy is underway. He has advised clients both on the advantages and disadvantages of bankruptcy as a response to business issues and on how they may be impacted by the bankruptcy filing of customers, vendors or other third parties. 

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Education:

  • Boston College Law School, J.D., cum laude, 2007
  • Boston University, B.A., magna cum laude, 2000

Representative Experience

Commercial Disputes /Trade Secrets Disputes

  • Obtained complete defense verdict on behalf of insurance broker in jury trial in Massachusetts Superior Court concerning claims of negligent misrepresentation and aiding and abetting breach of fiduciary duty
  • Obtained judgment on the pleadings in Massachusetts Superior Court in favor of Massachusetts-based pharmaceutical company declaring that a Russian-based drug developer had no legal right to exercise control over drug compounds it assigned to the Massachusetts company, affirmed judgment on appeal
  • Represented emerging digital therapeutic company in dispute with licensor in federal court in Massachusetts
  • Represented public software company in lawsuits against competitor concerning theft of trade secrets, tortious interference and false advertising claims
  • Represented large biotechnology company in lawsuits asserting and defending against tortious interference claims 
  • Regularly advise financial advisors concerning contractual and legal obligations in transitioning to new employer (both Protocol and non-Protocol transfers) and represent advisors in court and FINRA arbitration where disputes arise 
     

Product Liability & Complex Tort

  • As a member of a national counsel team, successfully defended a publicly traded water technology products manufacturer against asbestos-related claims in dozens of cases in state courts across multiple jurisdictions
  • Obtained dismissal of third-party complaint brought against Asian electronics distributor in federal court in Massachusetts by electronic component manufacturer concerning sale of allegedly defective electronic components
  • Defending international cosmetics manufacturer in Illinois state court against product liability claims for allegedly defective facial peel product
  • Drafted amicus brief on behalf of Product Liability Advisory Council in Rafferty v. Merck & Co., Inc., Massachusetts Supreme Judicial Court, No. SJC-12347 (arguing against recognition of “innovator liability” theory imposing liability on branded pharmaceutical manufacturer for failure to warn when plaintiff took generic manufacturer’s drug) (Oct. 16, 2017)
     

Bankruptcy & Creditors’ Rights

  • Defended Spanish corporation against preference and fraudulent transfer claims in SunEdison bankruptcy
  • Represented petitioning creditors in involuntary bankruptcy of Accountable Care Associates
  • Represented court-appointed Chapter 11 examiner in In re Infomotion Sports Technologies
  • Represented Chapter 11 debtors in In re MSC Liquidation LLC
  • Regularly advise clients concerning pros and cons of bankruptcy and its alternatives and, for non-debtors, their rights and obligations with respect to bankruptcy filings of their customers, partners, and suppliers 
     

Sovereign State Litigation

  • Obtained complete defense judgment for foreign sovereign following bench trial in federal court in Ohio concerning counterfeit promissory notes, affirmed judgment on appeal
  • Obtained dismissal of actions against foreign sovereigns and their agencies and instrumentalities under Foreign Sovereign Immunities Act in federal courts in New York and Florida, and affirmation of dismissals in appellate courts
  • Defended foreign sovereigns in actions in U.S. courts concerning recognition and enforcement of international arbitration awards
     

Foley Hoag Alerts & Updates

Involvement

  • DRI Product Liability steering committee (2018-present)
  • DRI Product Liability Conference, Chemical and Toxic Tort SLG vice-chair (2020-present), marking liaison (2018-2020)
  • Boston Bar Association PILP Recruitment and Selection Committee (2017-present), chair (2019)
  • Boston Bar Association, Recently Elected Partners Forum steering committee (2017-2019)
  • Boston Bar Foundation, John & Abigail Adams Benefit steering committee (2017-18)
  • Boston Bar Association Public Interest Leadership Program (2016-17)
     
  • Panelist, “Rafferty v. Merck: New Development in Product Liability Law in Massachusetts,”  Boston Bar Association, 2018
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit