Business Disputes

• Obtained a settlement payment of 2.5 times damages for a major public agency on a claim of fraud against an international construction consultant.  
• Successfully defended client from  attempt  to invalidate a power purchase agreement valued in excess of $40 million due to long term gas supply restructurings.
• Successfully represented all Massachusetts non-profit health insurers, both in court and administrative proceedings, in resisting an attempt by the Division of Insurance to impose arbitrary rate caps. 
• Obtained $2 million arbitration award from the American Arbitration Association's International Centre for Dispute Resolution over mismanagement of a power plant in Guyana.
• Arbitrated successor gas indices in power purchase agreement.
• Represented power plant in challenge and successful settlement of pipeline repair cost allocation dispute at Massachusetts Department of Public Utilities.
• Represented manufacturer of surgical products in trade libel suit brought by former distributor.
• Successfully defended a market leader in shipbuilding and marine systems in a commercial warranty arbitration by purchaser of a LNG tanker to recover costs and lost profits allegedly due to vessel defects.

Corporate Governance 

• Represented international pension funds in disputes with investment management firms over alleged breaches of fiduciary duty.
• Represented corporate defendant in direct and derivative litigation involving claims of breach of fiduciary duty arising out of contest for control.
• Defended board members and officers against claim that improper revenue recognition damaged the company, including by causing a securities fraud class action to be brought against it.
• Successfully defended former Chief Executive Officer and Chairman of public company in a derivative suit alleging violations of state and federal law arising from alleged improper revenue recognition of software licensing contracts. 
• Currently representing minority shareholder of internet start-up on claims against insiders for freeze-out and improper dilution.  
• Obtained summary judgment for an investment advisory firm in an action by a former investor seeking substantial compensatory and punitive damages for allegations of misrepresentation and breaches of fiduciary duty. 

Disputes Related to Executive and Employee Transitions

• Successfully represented the former President and CEO of a Fortune 100 company in overturning his discharge for cause and securing an arbitration award for over $60 million.
• Successfully defended a start-up telecommunications company against lawsuits in Delaware and Massachusetts federal courts brought by a competitor alleging unfair competition, tortious interference with business relations, breach of contract and theft of trade secrets.
• Successfully defended an international financial services company in an action by a former senior executive seeking additional separation benefits under a change of control agreement. 
• Obtained summary judgment for a pension plan and its trustee in an action by an investment manager tens of millions of dollars for lost profits allegedly arising from the plan’s breach of the parties’ investment agreement. 
• Obtained a favorable settlement for a manufacturer against its former employee and a competitor in an action for misappropriation of trade secrets and proprietary information. 
• Prevailed in an industry arbitration on behalf of brokers accused of unfair competition and misuse of trade secrets.

Class Action Defense

• Obtained dismissals of two consumer class actions in the Massachusetts Supreme Judicial Court based on argument for change in governing law.
• Successfully defended life insurance company in class action regarding vanishing premium policies; defeated class certification; affirmed by the Supreme Judicial Court of Massachusetts.
• Defended investment advisor of mutual funds and certain of its officers in shareholder class action alleging breach of fiduciary duty, negligence and waste stemming from the funds’ investment in publicly-traded foreign online gambling corporations. Obtained dismissal first in the Federal District Court for the Southern District of New York, which was affirmed by the Second Circuit, and then again obtained a dismissal in Chancery Court when the claims were refiled there, and obtained an affirance on appeal by the Delaware Supreme Court. 

Attorney Liability

• Represent two major national law firms in defense of significant cases.
• Successfully settled a case brought by a large, public client against a former trial counsel for failure to prepare a case.