Mark D. Finsterwald

Representative Experience

• Successfully represented a foreign state in an appeal of an adverse trial court ruling on foreign sovereign immunity. Drafted the winning appellate briefs in obtaining reversal of the trial court’s decision.
• Represented a renewable energy company in commercial arbitration and state court litigation, resulting in global settlement.
• Worked as part of a victorious trial team defending a large investment company in an employee misclassification action. Drafted the winning Motion for Directed Verdict.
• Drafted a successful opposition to a petition for certiorari before the United States Supreme Court on behalf of a sovereign state.
• Defended an accounting firm and its partners against claims for breach of fiduciary, fraud, and aiding and abetting – obtained partial summary judgment, resulting in settlement.
• Advised a technology company in a contract dispute with a vendor, resulting in a resolution without resort to litigation.
• Successfully represented an individual in a criminal anti-trust investigation by the Department of Justice.
• Represented an individual in anti-money laundering investigations by the Department of Justice and the Federal Deposit Insurance Corporation.
• Represented a janitorial company in a contentious, multi-action close corporation shareholder dispute. In the first action, helped achieve a favorable jury verdict on a counterclaim for money damages. In the second action, argued cross-motions for summary judgment, leading to a settlement of the entire dispute.
• Defended former corporate directors against claims for individual liability under the Massachusetts wage and hour statute.
• Represented a malt beverage company in Massachusetts state court in a breach of contract action involving a sports sponsorship.
• Represented a power company in an international arbitration against a co-owner of a power plant.
• Represented a pharmaceutical manufacturer in various patent suits brought pursuant to the Hatch-Waxman Act.
• Successfully defended a foreign State against actions in two federal districts, achieving dismissal of both cases and drafted winning briefs on appeal.