Madeleine K. Rodriguez

Associate - Boston

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Madeleine Rodriguez is a litigator whose practice is built on a strong foundation of state and federal trial experience, with a particular emphasis on complex commercial disputes and international litigation and arbitration. In this capacity she principally represents educational, healthcare, and financial services institutions in civil cases, internal and regulatory investigations, and settlement negotiations. Madeleine also represents foreign States, State-controlled entities, and multinational corporations in U.S. federal courts and investment treaty disputes before international arbitral tribunals.

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Education:

  • University of Virginia School of Law, J.D., 2012
  • Boston College, B.A., magna cum laude, Phi Beta Kappa, Scholar of the College of Arts and Sciences, 2009

Languages:

Spanish

Representative Experience

U.S. Litigation

  • Representing leading private research university in wrongful death suit filed by estate of former undergraduate student who died on campus. 
  • Representing major teaching hospital and physicians’ organization in qui tam action alleging improper billing of Medicare and Medicaid.
  • Represented healthcare system and member physicians in over 20 filed or threatened suits in Maine state court by cities and counties seeking to recover alleged costs of prescription and illicit opioid abuse and addiction; suits removed to federal court and conditionally transferred to federal multi-district litigation.
  • Successfully defended State-owned entity in U.S. District Court for the District of Columbia action to have an approximately $20 million foreign arbitral award recognized and enforced.
  • Successfully represented the Consulate of Peru and its former Consul General in a federal labor dispute, securing the early dismissal of the case under the Foreign Sovereign Immunities Act.
  • Advised non-profit educational institutions regarding accessing restricted endowment funds, investment policy, crisis communication, and branding strategy. 
  • Obtained total defense verdict for Venezuela and the Venezuelan Ministry of Finance after five week federal trial concerning forged promissory notes allegedly worth $100 million.
  • Obtained dismissal of numerous state and federal court cases on behalf of international State-owned oil and natural gas corporation.

Investor-State Arbitration 

  • Successfully represented Uruguay in an UNCITRAL arbitration before the Permanent Court of Arbitration (PCA) brought under a bilateral investment treaty involving a large-scale iron ore mining project, which the claimants allege to be worth $3.47 billion. 
  • Represented Venezuela in an ICSID (Additional Facility) proceeding brought by a Canadian company under a bilateral investment treaty in connection with a mining operations contract.
  • Represented Venezuela in an ICSID arbitration regarding the alleged expropriation of Venezuelan subsidiaries in the steel industry.
  • Successfully represented El Salvador in an ICSID arbitration brought under a domestic investment law concerning the claimant’s alleged entitlement to a mining exploitation concession and rights to exploration licenses. 

Pro Bono Representation 

  • Filed amicus brief with the First Circuit on behalf of the Asian American Legal Defense and Education Fund (AALDEF) in Students For Fair Admissions v. Harvard, a case challenging Harvard’s undergraduate race conscious admissions program. Foley Hoag’s brief reviewed the impact of Harvard’s policies on Asian American students and urged the Court to uphold the admissions program. 
  • Successfully argued before the Massachusetts Supreme Judicial Court, obtaining extraordinary relief by way of enforcement of the attorney-client privilege with regards to client records.
  • Second chaired six week federal racketeering conspiracy trial.
  • Represent numerous unaccompanied refugee children in petitions for special immigrant juvenile status (SIJS) and legal permanent resident status.
  • Assist survivors of domestic violence in restraining order proceedings against their abusive partners. 

Honors

  • High Honor, Massachusetts Supreme Judicial Court, 2019 Pro Bono Honor Roll (November 2020)
  • Super Lawyers Massachusetts Rising Star, 2018-2020
  • “Lawyer of the Year,” Boston University Latin American Law Student Association, 2017
  • Virginia Sports & Entertainment Law Journal, Articles Editor

Involvement

  • Old North Foundation of Boston, Board Member and Governance Committee Chair
  • Apprentice Learning, Board Member
  • The Partnership, Inc., 2017 Fellow
  • Boston Bar Association, Senior Associates Forum Steering Committee
  • Hispanic National Bar Association, Member
  • Women's Bar Association, Member
  • Boston Lawyers Group, Associate Advisory Committee Member and Mentor
  • University of Virginia Law School Foundation, Class Manager
 
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Bar Admissions

  • Massachusetts
  • Florida

Court Admissions

  • 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. District Court for the District of Massachusetts
  • U.S. District Court for the Southern District of Florida