Boudett

Michael P. Boudett

Partner
Boston

I’m an accomplished litigator and trial attorney who uses my experience and judgment to advance clients’ interests in a wide range of disputes.

Former Co-Chair of the firm’s Litigation Department, Michael Boudett has a particularly strong focus on litigating business tort cases (including defamation and commercial disparagement), contract, licensing and commercial disputes; academic misconduct matters; employment disputes; legal malpractice; and trademark, trade dress, and trade secret matters. He represents major clients from such industries as pharmaceutical, biotech, energy, software, higher education, and internet/social media.

He appears before Massachusetts state courts, federal courts nationwide, and administrative bodies. His intellectual property litigation experience also encompasses copyright, false advertising, and trade secret disputes, with a focus on federal court proceedings.

Across his full litigation practice, Michael has represented businesses as diverse as AstraZeneca, Honda North America, Genzyme, General Electric, Biogen Idec, Disney, Morgan Stanley Dean Witter, and Harvard University. He tries general commercial litigation and business torts in the state and federal courts, and has used his experience in legal malpractice actions to obtain several favorable settlements for business clients asserting malpractice claims.

Michael has extensive experience in litigating and trying cases involving non-competition agreements, non-solicitation agreements, and misappropriation of trade secrets. In addition to his trial success obtaining judgments and injunctions in support of employers, he has counseled numerous employer clients on strategies to enforce agreements against departing employees, to prevent raiding by competitors and to hire new employees who have agreements with other companies.

As part of his trial experience, Michael served as Special Assistant District Attorney, Norfolk County (District Court Criminal Session). Before joining the firm he clerked for the Honorable Mark L. Wolf in federal district court in Massachusetts.

Michael is actively involved in community service and non-profit board service, and has won two awards for his pro bono work over the years.

Education

  • Harvard Law School, J.D., cum laude, 1991
  • Yale College, B.A., summa cum laude, Phi Beta Kappa, 1988

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
COURT ADMISSIONS
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the District of Massachusetts

Experience

  • Defended senior scientists in major research misconduct investigations and parallel proceedings 
  • Represented Honda North America in numerous trademark registration disputes before the Trademark Trial and Appeal Board
  • Served as lead counsel in filing the American Intellectual Property Law Association’s amicus brief before the U.S. Supreme Court in the KP Permanent case
  • Represented large electronic equipment manufacturer in action against former trial counsel for malpractice
  • Defended Harvard University and obtained summary judgment in an employment discrimination suit by a professor who was denied tenure
  • Served as trial counsel for AstraZeneca in multi-district litigation involving average wholesale pricing (AWP)
  • Served as trial counsel to Intertek Testing Services NA, Inc. and obtained a multi-million dollar jury verdict for the plaintiff corporation against a group of ex-employees
  • Handles motions for temporary restraining orders and preliminary injunctions in intellectual property-related suits
  • Represented former executive of Bear Stearns in successfully defending against enforcement of a "garden leave" notice provision
  • Obtained a preliminary injunction on behalf of a high-tech client which brought to a halt another corporation’s “raiding” campaign

Publications

  • “Don’t Become a Trade Mark Bully," Managing IP Magazine (August 2012)
  • "Conflicts in Trademark Law Among Circuit Courts and the TTAB: Substantive Considerations in Forum Selection," AIPLA webinar, 2006 
  • "IP Year in Review (Trademark issues)," Boston Bar Association, 2006
  • "Trademark Infringement and Related Claims," Massachusetts Business Torts -MCLE (2002)
  • "Domain Name Disputes: Cases Illustrate Limitations of ICANN Policy," Boston Bar Journal (March/April 2001)
  • "The Goodwill Interest in Non-Competition Cases," Boston Bar Journal (September/October 1999)

Honors & Involvement

HONORS
  • Supreme Judicial Court Certificate of Appreciation, and National Lawyers Guild 2007 Daniel Levy Award, for representing immigrants detained in enforcement raids in New Bedford, Massachusetts
  • Peer-nominated as a Massachusetts “Super Lawyer” 2004-2012
  • Selected for 1995 Distinguished Citizen Award from the Arc Massachusetts in recognition of pro bono advocacy on behalf of persons with mental disabilities
INVOLVEMENT
  • Board member, Political Asylum/Immigration Representation Project
  • Member (elected), Lexington Town Meeting, and member of town Capital Expenditures Committee
  • Former chairman, American Intellectual Property Law Association, Trademark Litigation Committee
  • Former member, Litigation Section Steering Committee of the Boston Bar Association