Richard G. Baldwin

Partner - Boston

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Rich Baldwin is a partner in the firm’s Litigation Department.  His litigation practice has three areas of emphasis: commercial disputes, product liability and toxic tort defense, and bankruptcy litigation.  Rich represents individuals, companies, and foreign sovereigns in state and federal courts and domestic and international arbitration on commercial matters ranging from contract disputes to non-competition agreements to securities litigation. As a senior member of a national counsel team, he defends a publicly traded industrial products manufacturer against asbestos-related claims in cases across the country.  Rich also represents debtors, creditors, examiners and other professionals in bankruptcy matters. Rich has expertise in coordinating and managing 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.

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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 / Non-Competition

  • 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
  • Defended international spirits company in litigation in Massachusetts Superior Court against local sports franchise’s claims of breach of sponsorship agreement
  • 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
  • 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

  • Represented court-appointed Chapter 11 examiner in In re Infomotion Sports Technologies
  • Represented Chapter 11 debtors in In re MSC Liquidation LLC
  • Represented numerous individual chapter 7 debtors through pre-filing, filing, and post-filing phases of bankruptcy, obtaining discharge in each case
  • Regularly advise clients concerning pros and cons of bankruptcy and its alternatives
  • Regularly advise non-debtor clients concerning rights and obligations with respect to bankruptcy filings of their customers, partners, and suppliers  

Sovereign State Litigation

  • Obtained complete defense verdict for foreign sovereign in six week trial in federal court in Ohio concerning fake promissory notes
  • Obtained dismissal of actions against foreign sovereigns and their agencies and instrumentalities in federal courts in New York and Florida, and affirmation of dismissals in appellate courts
  • Represent foreign sovereigns in actions in U.S. courts concerning recognition and enforcement of international arbitration awards

Foley Hoag Alerts & Updates

Involvement

  • DRI Product Liability Committee, Marketing Chair of Chemical and Toxic Tort SLG
  • Boston Bar Association PILP Recruitment and Selection Committee
  • Boston Bar Foundation, John & Abigail Adams Benefit steering committee
  • Boston Bar Association, Recently Elected Partners Forum advisory committee
  • Boston Bar Association Public Interest Leadership Program, 2016-17
  • The Foley Hoag Foundation, Grant Proposal Reviewer
  • Federal Bar Association, Young Lawyers Division
  • 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 First Circuit
  • U.S. Court of Appeals Sixth Circuit
  • U.S. Court of Appeals Eleventh Circuit
  • U.S. Court of Appeals, District of Columbia Circuit