RESIDENT PARTNERS
Dana C. Blakslee (Partner) born Keene, New Hampshire, December 28, 1959; admitted to bar, 1985, Massachusetts. Education: Stanford Law School (J.D., 1985).
Dana C. Blakslee practices in the area of corporate and securities law and intellectual property licensing, with a focus on emerging businesses, venture capital and mergers and acquisitions. Mr. Blakslee is a member of the Boston Bar Association. He is a 1985 graduate of Stanford Law School and a graduate of Hobart College.
Representative Matters
· Represented venture capital and private equity firms in their investments in emerging businesses in various industries.
· Represented technology-related development stage companies and their founders in venture capital financing transactions.
· Represented an agency of the Ministry of Production of the Russian Federation in an exclusive licensing and marketing arrangement involving rocket and space technology with a major U.S. space contractor.
· Represented a publicly held biotechnology company in its development stage financing, initial public offering, subsequent private placement of equity securities, acquisition of a subsidiary manufacturing company, various domestic and international licensing agreements, and SEC reporting and securities law compliance.
· Represented an American Stock Exchange manufacturing company in acquisitions, major financings, supply and manufacturing agreements, SEC reporting and securities law compliance, development and implementation of a corporate legal compliance program, and other day-to-day corporate and business matters.
· Represented a Japanese distributor of computer software and components and its U.S. subsidiary in a worldwide licensing and distribution agreement.
· Represented a software company in its strategic investment in a development stage company with newly developed technology complementary to its existing proprietary products.
· Represented the stockholder group (including venture capital investors and senior management) of a publisher of a magazine having a national circulation in the sale of all of the capital stock of the company to a Fortune 500 company.
· Represented communications companies in sales of radio stations.
· Represented numerous principals of closely held businesses in buy-sell agreements, voting agreements, ownership transition agreements and other shareholders agreements of many types.
· Represented a Mexican company in its acquisition of the assets and business of a Mexican manufacturing subsidiary of a publicly traded United States manufacturer and distributor of electrolytic capacitors
· Represented an early stage venture funded company focused on career counseling and internet job recruitment in four rounds of venture financing, several significant strategic partnering agreements, and three strategic acquisitions, including the acquisition of a software company selling complementary software products and tools in a tax-free reverse triangular merger transaction and the acquisitions of substantially all of the assets and business of two competing internet job recruiting companies
· Represented a leading publisher of health information in the fields of alternative and integrative medicine in four rounds of venture financing, several significant strategic partnering agreements, the acquisition of the assets and business of a company in a complementary business, and its subsequent sale to a publicly traded publisher of consumer health information in a tax-free, stock-for-stock, reverse triangular merger transaction
· Represented a cardiac telemedicine and emergency medical services company in its seed round of financing, several strategic partnering agreements, a strategic financing from a publicly traded ambulance and emergency services company and its subsequent sale to an unrelated publicly traded medical services company in a tax-free, reverse triangular merger transaction
· Represented a developer and manufacturer of hydrogen generators and regenerative hydrogen fuel cell systems in three rounds of venture financing, a significant product development and distribution agreement, several sales representative and distribution agreements and other day to day corporate and business matters
· Represented a software company in two rounds of venture capital financing, significant licensing and distribution agreements, the development and refinement of its standard form of client licensing agreement and other corporate and business matters
Professional Activities
· Boston Bar Association
Experience
· Duane Morris LLP {newline}- Partner, 1999-2000; 2001-present
· Experience.com, Inc {newline}- Vice President of Corporate Development, 2000-2001
· Burns & Levinson LLP, Boston, Massachusetts {newline}- Partner, 1992-1999 {newline}- Associate, 1985-1992
Member: Boston Bar Association.
Practice Areas: Corporate Law; Securities Law; Intellectual Property Licensing; Emerging Business Law; Venture Capital; Mergers and Acquisitions.Email: Dana C. Blakslee
Gregory A. Brodek (Partner) born Milwaukee, Wisconsin, April 16, 1962; admitted to bar, 1988, Maine; State and Federal Courts of Maine. (Not admitted in Massachusetts). Education: Drake University Law School (J.D., 1988).
Gregory A. Brodek concentrates his practice exclusively in the area of healthcare law and represents hospitals, physicians, physician groups and integrated delivery systems on a wide variety of regulatory, compliance, and reimbursement issues nationwide. He draws on his years of experience and deep understanding of the healthcare industry to counsel his clients on the business impact of the legal issues at stake.
His extensive healthcare experience includes representing providers in resolving disputes with public and private payors, negotiating settlements with federal and state agencies, structuring integrated delivery systems and physician networks, negotiating managed care arrangements, developing reimbursement strategies both on a state and federal level, and advising on self referral laws, tax-exempt concerns and day-to-day operational questions.
Mr. Brodek is an active member of the Healthcare Financial Management Association, the American Health Lawyers Association and the Healthcare Law sections of the Maine State and American bar associations. He has lectured widely and has written on many healthcare matters, including "Managed Care Contracting Issues for Providers," Health Law and Compliance Update, to be published by Aspen in 2009. He is a 1988 graduate of Drake University Law School and a graduate of Boston University.
Representative Matters
· Assisted clients with recoupment of payments in excess of $20 million over the past five years.
Pathology
· Represented physician group practices with respect to a payor aggressively seeking to recoup payments made to the groups.
· Represented physician group practices in a dispute with a payor regarding the payor's failure to compensate the group practices for the professional component of clinical pathology services at the contracted rate.
· Represented three physician groups in Tennessee regarding a payor's refusal to pay for clinical pathology services when billed by pathologists as is required under the contracts these pathologists have entered into with the payor.
· Represented four physician groups in Illinois regarding a payor's refusal to pay for clinical pathology services when billed by pathologists as is required under the contracts these pathologists have entered into with the payor.
· Representing physician groups on claims of breach of contract and deceptive trade practices against a payor for failure to pay for covered services (i.e., the professional component of clinical pathology services).
Emergency Room
· Represented a physician group practice in recovering underpayments made by a payor by paying the non-participating group practice physicians at participating provider rates.
· Represented physician group practices in recovering underpayments made by a payor.
· Representing a California physician group against a payor for downcoding and failing to pay for emergency medical services rendered to the payor's members.
Other Matters
· Represented client in an investigation by the Office of Inspector General for purported billing improprieties, resulting in the investigation being closed.
· Represented physician group practices with respect to a payor aggressively seeking repayments.
· Class action against a payor on behalf of independent physical therapists in Maine regarding breach of contract, antitrust and quantum meruit claims.
Professional Activities
· American Bar Association {newline}- Health Law Section
· Maine State Bar Association {newline}- Health Law Section {newline}- Business Law Section
· Penobscot County Bar Association
· Healthcare Financial Management Association
· American Health Lawyers Association {newline}- Health System Transactions Special Interest and Substantive Law Committee Regulations, Accreditation-Payment Special Interest and Substantive Law Committee
Selected Publications
· Contributing Author, "Managed Care Contracting Issues for Providers," Health Law and Compliance Update 2005 and 2009
· "Medicaid Program Provider Self-Audits," Monitoring & Auditing Practices for Effective Compliance, published by Health Care Compliance Association, 2002
· "Rural and Sole Hospital," Hospital Affiliated Integrated Delivery Systems Handbook, published by the American Academy of Hospital Attorneys, 1995
Selected Speaking Engagements
· Speaker, "Business Billing Structure," Illinois Society of Pathology Spring Conference, Oak Brook, Illinois, May 9, 2009
· Speaker, "Payer Disputes: A Legal Perspective," Massachusetts College of Emergency Physicians (MACEP) Annual Emergency Medicine Coding and Reimbursement Fall Conference, Waltham, Massachusetts, November 21, 2008
· Co-Speaker, "Reconsidering Long Held Behaviors - Why Now/What Now?," College of American Pathologists, Pathology-Economic Issues, Orlando, Florida, October 14, 2006
· Speaker, "Monitoring of Reimbursement: What Effective Strategies Can Be Instituted to Avoid Being Short Changed," Maine Chapter of the American College of Surgeons, Northeast Harbor, Maine, May 30, 2003
· Speaker, "Contracting with Commercial Payors," Maine Medical Association 12th Annual Physician Practice Seminar, Bangor, Maine, May 28, 2003
· Speaker, "Beating the Devil You Know: Managing Managed Care Organizations," Medical Group Management Association (MGMA) Annual Conference, Las Vegas, Nevada, October 29, 2002
· Speaker, "Monitoring and Enforcing Commercial Payor Agreements," American Society of Medical Association Counsel (ASMAC) CLE, Kennebunkport, Maine, September 29, 2002
· Speaker, "Managed Care Contracts," Gastroenterology Practice and Endoscopic ASC's Creating Success 2002 Course, Knoxville, Tennessee, April 13, 2002
Member: Penobscot County Bar Association; Maine State Bar Association (Health Law Section; Business Law Section); American Bar Association (Health Law Section); Healthcare Financial Management Association; American Health Lawyers Association (Health System Transactions Special Interest and Substantive Law Committee Regulations, Accreditation-Payment Special Interest and Substantive Law Committee).
Practice Areas: Health Care Law; Integrated Health Care Delivery Systems; Managed Care Contracts; Health Care Reimbursement.Email: Gregory A. Brodek
Alice B. Braunstein (Partner) born Oceanside, New York, June 12, 1959; admitted to bar, 1985, Massachusetts; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts; United States Court of Federal Claims. Education: University of Wisconsin-Madison (B.S.W., 1980); Suffolk University Law School (J.D., cum laude, 1984).
Alice B. Braunstein concentrates her practice in the areas of healthcare litigation and complex tort litigation involving catastrophic injuries and wrongful death. She also has significant experience in class action litigation.
Ms. Braunstein has extensive trial experience in state and federal courts and before arbitrators. In her 25 years of practice, Ms. Braunstein has obtained numerous million dollar results for her clients.
Ms. Braunstein is a frequent lecturer on trial practice and has been quoted in several publications, including Malcolm Gladwell's best-selling book Blink, in which she was recognized as a leading medical malpractice attorney.
Ms. Braunstein is a leader in the Massachusetts legal community. She presently serves as Delegate-At-Large on the Massachusetts Bar Association's House of Delegates and is a Governor on the Massachusetts Academy of Trial Attorney's Board of Governors. At Duane Morris, Ms. Braunstein is on the steering committee of the firm's Women's Initiative.
Ms. Braunstein is a 1984 cum laude graduate of Suffolk University Law School and holds a bachelor's degree in Social Work from the University of Wisconsin-Madison.
Areas of Practice
· Healthcare Litigation
· Class Action Litigation
· Complex Tort Litigation
· Business Litigation
Professional Activities
· Boston Bar Association
· Massachusetts Bar Association {newline}- Executive Management Board, 2004-2008 {newline}- House of Delegates, 2004-present
· Massachusetts Academy of Trial Attorneys {newline}- Board of Governors, 2007-present
· Women's Bar Association of Massachusetts
· American Association for Justice
· American Health Lawyers Association
Experience
· Duane Morris LLP {newline}- Partner, 2001-present
· Lane, Altman & Owens LLP, Boston, Massachusetts {newline}- Partner, 1998-2000 {newline}- Associate, 1993-1997
· Sisson, Bloomenthal & Allen P.C., Boston, Massachusetts {newline}- Partner, 1990-1993 {newline}- Associate, 1984-1989
Honors and Awards
· Named a Massachusetts SuperLawyer, 2004, 2005, 2006, 2007, 2008
Selected Speaking Engagements
· Speaker, "Fundamentals of Effective Direct and Cross-Examination," Massachusetts Bar Association, 2009
· Speaker, "Conflicts of Law and the Unauthorized Practice of Law in a Multistate Law Practice", Boston Bar Association
· Panelist, "Evaluating and Settling Personal Injury Cases", Massachusetts Continuing Legal Education 2005, 2006, 2007, 2008, 2009
· Panelist, "Taking Depositions Workshop", Massachusetts Continuing Legal Education, 2006, 2007
· Panelist, "Preparing to File a Lawsuit," Massachusetts Bar Association, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009
· Panelist, Trial Practice Luncheon Roundtable Series, Massachusetts Bar Association, 2006, 2007, 2008
· "Direct Examination of the Plaintiff," Massachusetts Academy of Trial Attorneys Annual Convention, May 2005.
· Lectured at CLE's for the Association of Trial Lawyers of America
· Given presentations on parenting/work balance issues on panels at Harvard Law School and for the Massachusetts Bar Association
· Lectured numerous times for the Harvard Medical School Department of Continuing Education on Medical Malpractice issues
· Lectured for the American Education Institute on Medical Malpractice Issues for the 2001-2002 Medical-Dental-Legal Update Seminars
Member: Boston Bar Association; Massachusetts Bar Association (Executive Management Board, 2004-2008; House of Delegates, 2004-2008); Massachusetts Academy of Trial Attorneys (Board of Governors, 2007); Women's Bar Association of Massachusetts; American Association for Justice; American Health Lawyers Association.
Practice Areas: Medical Malpractice; Products Liability; Civil Practice; Commercial Litigation; Construction Accidents; Real Estate Litigation.Email: Alice B. Braunstein
Vincent L. Capuano, Ph.D. (Partner) born Canton, Ohio, July 21, 1964; admitted to bar, 1999, District of Columbia; U.S. Court of Appeals for the Federal Circuit; U.S. Patent and Trademark Office. (Not admitted in Massachusetts). Education: Ohio State University (B.S., Chemistry, 1987); University of Texas at Austin (Ph.D., Organic Chemistry, 1991); University of Akron School of Law (J.D., 1999).
Vincent L. Capuano, Ph.D., practices in the area of intellectual property law, with a focus on patent law in the chemical and pharmaceutical industries and an emphasis on representing generic pharmaceutical companies filing Abbreviated New Drug Applications (ANDA) with the U.S. Food and Drug Administration. Dr. Capuano has extensive experience representing pharmaceutical companies in prelitigation strategic planning and patent litigation. Dr. Capuano also counsels clients in all areas of patent procurement, exploitation and enforcement, including domestic and foreign patent preparation and procurement, patent validity and infringement analysis, patent licensing and due diligences.
Prior to entering the practice of law, Dr. Capuano was an Innoue Foundation for Science postdoctoral fellow at Hiroshima University School of Medicine in Hiroshima, Japan, and an NIH/CNRS postdoctoral fellow at the Université Louis Pasteur in Strasbourg, France.
Dr. Capuano is a 1999 graduate of the University of Akron School of Law and a graduate of the University of Texas at Austin (Ph.D., Organic Chemistry, 1991) and Ohio State University (B.S., Chemistry, 1987).
Areas of Practice
· Intellectual Property
· Patents
· Abbreviated New Drug Application (ANDA)
Representative Matters
· Sepracor Inc. v. Teva Pharmaceuticals USA, Inc., et al., Case No. 09-CV-1302 (DMC)(D NJ). Patent infringement action regarding Wockhardt USA LLC's ANDA to make a generic version of Sepracor's insomnia product Lunesta®, the active ingredient of which is eszopiclone.
· Merck & Co., Inc. v. Sandoz, Inc., D. NJ. Case No. 3:09-cv-00890-MLC-LHG. Patent infringement action regarding Sandoz's ANDA to make a generic version of Merck's antinausea product Emend®, the active ingredient of which is aprepitant.
· Alcon Research, Ltd. et al. v. Sandoz, Inc., Case No. 09-CV-0103 (LJM)(SD IN). Patent infringement action regarding Sandoz's ANDA to make a generic version of Alcon's ophthalmic product Patanol®, the active ingredient of which is olopatadine hydrochloride.
· Aventis Pharma S.A. and Sanofi-Aventis U.S., LLC v. Apotex Inc. and Apotex Corp., Case No. 08-496 (GMS) (D. Del). Patent infringement action regarding Apotex's ANDA to make a generic version of Sanofi-aventis anti-cancer product Taxotere®, the active ingredient of which is docetaxel.
· Medicis Pharmaceutical Corp. v. Sandoz, Inc. et al., Case No. 09-033 (JJF) (D Del.). Patent infringement action regarding Sandoz's ANDA to make a generic verison of Medicis's acne product Solodyn®, the active ingredient of which is minocycline hydrochloride.
· Endo Pharmaceuticals Inc. et al. v. Sandoz, Inc., Case Nos. 08-534 and 08-970 (KSH) (D Del.). Patent infringement action regarding Sandoz's ANDA to make a generic verison of Endo's pain product Opana® ER, the active ingredient of which is oxymorphone hydrochloride.
· Aventis Pharmaceuticals, Inc. et al. v. Barr Laboratories, Inc. et al., Case No. 01-3627-JAG (D NJ). Patent infringement action regarding Barr Laboratories' ANDA to make a generic version of Aventis's allergy products Allegra® and Allegra-D®, the active ingredient of which is fexofenadine hydrochloride.
· Eli Lilly & Co. v. Barr Laboratories, Inc., Case No. 02-1844-SEB (SD IN). Patent infringement action regarding Barr Laboratories' ANDA to make a generic version of Lilly's osteoporosis product Evista®, the active ingredient of which is raloxifene hydrochloride.
· Ferring B.V. et al. v. Barr Laboratories, Inc., Case No. 02-9851 (SD NY). Patent infringement action regarding Barr Laboratories' ANDA to make a generic version of Ferring's urinary incontinence product DDAVP®, the active ingredient of which is desmopressin acetate.
· Bayer Schering AG, et al. v. Barr Laboratories, Inc., Case No. 05-2308-JPS-ES(D.N.J.) Patent infringement action regarding Barr Laboratories' ANDA to make a generic version of Bayer Schering's oral contraceptive Yasmin®, the active ingredient of which is drospirenone.
Professional Activities
· American Intellectual Property Law Association
· American Inns of Court
· Biotechnology Industry Organization
Experience
· Duane Morris LLP {newline}- Partner, 2008-present
· Sterne, Kessler, Goldstein & Fox PLLC {newline}- Associate/Director, 1998-2008
· Oldham & Oldham Co., LLP {newline}- Patent Agent/Law Clerk, 1996-1998
Selected Publications
· "Takeda V. Mylan - Keeping Your Ducks In A Row," Law 360, January 13, 2009
· "Obviousness of Chemical Compounds: The Lead Compound Concept," Intellectual Property Today, July 2007
Selected Speaking Engagements
· "Biosimilars and Follow-On Biologics," Licensing Executives Society, Chicago, May 2008
Member: American Intellectual Property Law Association.
Practice Areas: Intellectual Property; Patents; Abbreviated New Drug Application (ANDA).Email: Vincent L. Capuano, Ph.D.
John C. Chapman (Partner) born 1964; admitted to bar, 1992, Massachusetts; 1995, District of Columbia. Education: Kenyon College (B.A., 1986); Suffolk University Law School (J.D., 1992).
John C. Chapman practices in the area of corporate law, with emphasis on securities law and regulatory counseling. Mr. Chapman's practice focuses on representing corporate and securities clients with enforcement and compliance needs as well as assisting clients with corporate governance and regulatory matters.
Prior to joining Duane Morris, Mr. Chapman was appointed by Governor Mitt Romney to serve as the undersecretary of the Executive Office of Economic Development for the Commonwealth of Massachusetts, and to develop the commonwealth's energy plan. Prior to this appointment, Governor Romney appointed Mr. Chapman to serve as the commissioner for the Department of Industrial Accidents and to oversee the reform and reorganization of that agency, which oversees the workers' compensation system.
Before serving in the Romney administration, he was vice president and assistant general counsel of Tucker Anthony Inc., a full service brokerage firm and investment bank. At Tucker, Mr. Chapman provided legal advice on general corporate and regulatory matters, including drafting policies and procedures, drafting and negotiating contracts, reviewing and drafting regulatory filings, and managing all corporate insurance matters for the firm.
Mr. Chapman started his career at the U.S. Securities and Exchange Commission's Division of Enforcement, where he led a number of high profile and other sensitive investigations, including financial fraud, insider trading, stock manipulation and other misconduct.
Admitted to practice in Massachusetts and the District of Columbia, Mr. Chapman is a 1992 graduate of Suffolk University Law School and a graduate of Kenyon College.
Areas of Practice
· Corporate
· Government Law
· Broker-Dealer and Securities Regulation
· Securities Litigation
· Banking and Financial Services
Professional Activities
· American Bar Association
· Massachusetts Bar Association
· Boston Bar Association
· New England Broker/Dealer Investment Adviser Association
· Securities Industry and Financial Markets Association, Compliance and Legal Division
· Association of Securities and Exchange Commission Alumni
· District of Columbia Bar Association
Experience
· Duane Morris LLP {newline}- Partner, 2007-present
· The Commonwealth of Massachusetts {newline}- Executive Office of Economic Development {newline}-- Undersecretary, 2006-2007
· The Commonwealth of Massachusetts {newline}- Department of Industrial Accidents {newline}-- Commissioner, 2004-2006 {newline}-- Deputy Commissioner, 2003-2004
· Romney for Governor Committee {newline}- Regional Field Director, Southeastern Massachusetts, 2002
· Tucker Anthony Incorporated {newline}- Vice President and Assistant General Counsel, 1999-2002
· U.S. Securities and Exchange Commission {newline}- Division of Enforcement {newline}-- Senior Counsel, 1995-1999 {newline}-- Staff Attorney, 1992-1995
Board Memberships
· Board member, Energy Facilities Siting Board {newline}- Acting Chair, 2006
Civic and Charitable Activities
· Member of Corporation, Camp O-AT-KA Inc.
Member: Boston Bar Association; Massachusetts Bar Association; District of Columbia Bar; American Bar Association.
Practice Areas: Securities; Corporate Law; Government; Broker-Dealer Regulation; Banking Law; Financial Law.Email: John C. Chapman
Anthony J. Fitzpatrick (Partner) born Dublin, Ireland, September 1, 1966; admitted to bar, 1988, Ireland; 1993, Massachusetts; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts; United States Court of Appeals for the Federal Circuit; United States District Court for the Eastern District of Wisconsin. Education: University College, Dublin (B.C.L., 1986); The Honorable Society of King's Inns (Barrister at Law, 1988); Boston University School of Law (J.D., 1993).
Anthony J. Fitzpatrick practices in the area of intellectual property litigation with a concentration on patent and trade secret matters. Mr. Fitzpatrick serves as co-chair of the firm's Intellectual Property Litigation Practice. He has litigated matters involving diverse technologies, including factory controls and automation, semiconductors, and water purification, and has gained particular experience in biotechnology, medical devices and other life sciences. Mr. Fitzpatrick has extensive trial experience in state and federal courts and he has been lead trial counsel in a number of patent cases.
In addition to patent and trade secret matters, Mr. Fitzpatrick represents clients in intellectual property disputes concerning trademarks, copyrights, false advertising, rights of publicity and the Internet. He is also experienced in complex commercial litigation and white-collar criminal defense matters.
Mr. Fitzpatrick is admitted to practice in the Commonwealth of Massachusetts and his native Republic of Ireland. He holds law degrees from Boston University School of Law (Juris Doctor, 1993), The Honorable Society of King's Inns, Dublin (Barrister-at-Law, 1988), and University College Dublin (Bachelor of Civil Law, 1986).
Mr. Fitzpatrick is an active member of the Boston Bar Association. He is presently a member of the BBA's Amicus Committee, and has previously served on the Board of Editors of the Boston Bar Journal. Since 1998, Mr. Fitzpatrick has been an advisor to Harvard Law School's Trial Advocacy Program.
Representative Matters
· Wyeth v. Apotex Inc., and Apotex Corp., Case No. 08-022308 (S.D. FL). Patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's anti-depressant product EFFEXOR® XR, the active ingredient of which is venlafaxine hydrochloride.
· Counsel to three of the world's largest biotechnology companies in major patent litigation matters concerning their core products.
· Lead counsel for the plaintiff in three-week trial of an inventorship action against the Massachusetts Institute of Technology and Massachusetts General Hospital. The technology at issue concerned polyethylene used in total joint replacements.
· Represented a leading manufacturer of water purification equipment in patent litigation concerning technology for the production of ultrapure water. Served as lead counsel at Markman hearing and at trial of patent invalidity issues.
· Lead counsel for plaintiff medical device manufacturer in patent infringement litigation concerning modular hip prostheses.
· Lead counsel for cord blood bank in litigation concerning technology for collection and storage of stem cells.
· Counsel to manufacturer of cardiac defibrillators in dispute with company founder concerning ownership of patent rights and other intellectual property covering the company's product.
· Lead counsel for defendant in patent infringement litigation concerning biological markers for autism.
· Represented medical device company in litigation concerning ownership and license rights in patents concerning polymeric spinal implants.
· Represented a number of companies in patent litigation and licensing negotiations with The Lemelson Foundation and with other so-called patent holding companies.
· Lead counsel to building products manufacturer in patent and false advertising litigation.
· Lead litigation counsel for an Italian manufacturer of plastic molding machines in Section 337 patent litigation before the United States International Trade Commission.
· Lead counsel for a manufacturer of plastic cup lids in patent infringement litigation.
· Represented the developer of an idea for a consumer product in a dispute with a company that had misappropriated the idea.
· Counsel to a publisher of financial newsletters in a major false advertising case in U.S. District Court in New York.
· Counsel to a healthcare benefits company in trademark litigation against a medical device manufacturer.
Professional Activities
· Boston Bar Association {newline}- Board of Editors, Boston Bar Journal, 2001-2004 {newline}- Certificate of Distinguished Service, 2004 {newline}- Amicus Committee, 2004-present
· Named a Massachusetts Super Lawyer in the field of intellectual property litigation by Boston magazine, 2004-2007
· Advisor, Harvard Law School, Trial Advocacy Program, 1998-present
Experience
· Burns & Levinson LLP, Boston, Massachusetts {newline}- Associate, 1993-1999
· Looney & Grossman, Boston, Massachusetts {newline}- Foreign Associate, 1989-1993
· Duane Morris LLP {newline}- Partner, 2000-Present {newline}- Associate, 1999
Honors and Awards
· Listed in Super Lawyers for IP in Massachusetts, 2008
Selected Publications
· Profiled by Law 360, July 8, 2009
· Featured in "Patent Litigation Roundtable: Recent Decisions Mean Big Changes," GC New England, May 2008
· Quoted in "Lawyer Fitzpatrick Comments on U.S. Supreme Court Patent Case," Bloomberg News, June 26, 2006
· Quoted in "Buyer Beware; An IT vendor's legal entanglements can snare its customers" and sidebar "Protect Yourself," Computerworld, January 25, 2007
· Co-author, "New Terrain," 8-K: The Legal Magazine for Business Executives, Fall 2006
· Quoted in "Supreme Court Set to Review Obviousness," IP Law360, June 26, 2006
· Quoted in "Patent Holders Suffer a Setback," Lawyers USA, June 5, 2006
· "Dealing With Patent Trolls," Counsel to Counsel, January 2006
· Co-author, "Automatic Disclosure Requirements in Federal Court - Avoiding the Bark Behind the Bite," Boston Bar Journal, May/June 2004
· Co-Author, "The Internet Domain Name Landscape in the Wake of the Government's 'White Paper'," Boston Bar Journal, November/December 1998
· Co-Author, "Preliminary Injunctions in Biotechnology Patent Cases," High Technology Law in the Twenty-First Century, September 1997 The Journal of Biolaw and Business, Summer 1998
· "Law and the Internet," Insights, Newsletter of the American Consulting Engineers Council of New England, May/June 1998
· Co-Author, "Electronic Theft Could Create Vicarious Liability," The National Law Journal, April 17, 1995
· "Copyright Law and the Public Domain," National Association of Desktop Publishers Journal, January 1995
· "Writing the Book on Multimedia Copyrights," National Association of Desktop Publishers Journal, December 1994
Selected Speaking Engagements
· Speaker, "Venue in Patent Litigation: New Strategies After Genentech and TS Tech USA, Determining the Best Forum for Pursuing or Defending Patent Infringement Claims," Strafford Publications CLE teleconference, August 4, 2009
· Speaker, "Patents and Standards-Setting," Connectivity Week Smart Grid Conference, Santa Clara, California, June 10, 2009
· Moderator, "Inequitable Conduct: Which Standard? What Evidence?" panel discussion, Intellectual Property Association 2008 Annual Meeting, San Diego, California, September 23, 2008
· Panelist, "Defending Against the Patent Troll Threat," Strafford Legal Briefings, March 14, 2006
· Speaker, "Patent Litigation in the Wake of the Supreme Court's eBay Decision," IP Law360 seminar, September 13, 2006
Member: Boston Bar Association (Board of Editors, Boston Bar Journal, 2001-2004; Amicus Committee, 2004).
Practice Areas: White Collar Criminal Defense; Intellectual Property Litigation; Patent Litigation; Copyright Litigation; Trademark Litigation; False Advertising; Complex Commercial Litigation; Alternative Dispute Resolution; Trade Secrets.Email: Anthony J. Fitzpatrick
Joel S. Freedman (Partner) born Boston, Massachusetts, April 11, 1955; admitted to bar, 1983, Massachusetts. Education: Georgetown University Law Center (J.D., 1983).
Joel S. Freedman practices in the areas of real estate development, construction, financing, zoning and environmental law.
A registered architect in Massachusetts, he is a member of the Boston Bar Association. Mr. Freedman is a 1983 graduate of the Georgetown University Law Center and received a bachelor of architecture degree from Cornell University.
Representative Matters
· Complex acquisition and development of a five-star luxury hotel, apartment, condominium and retail facility in Boston as part of an existing urban multi-use development built over a freeway. The acquisition has been structured as a ground lease during the construction phase, with a multiparty cross-easement agreement to tie in the project with the surrounding development.
· The development of a two-phase multifamily condominium development in Brookline, Massachusetts, including site assemblage and acquisition, zoning approvals, condominium documents, environmental issues and construction contracts, as well as obtaining both acquisition, construction and mezzanine financing for the project.
· Counsel to the founder of a real estate and development company in a $16 million buyout of his longtime partners in the business. The transaction was structured, in essence, as a leveraged buyout, with the company borrowing funds in a blanket loan against the company's real estate interests, and using the funds to buy out the partners.
· Counsel to a health, swimming and tennis club and summer camp on property in Concord, Massachusetts, in a complex series of real estate transactions totaling approximately $15 million. The camp was proving to no longer be adequate, and the client sought to relocate to a larger, undeveloped site elsewhere in Concord. Relocation was structured as a tax-free like kind exchange, pursuant to which the company sold its existing site to a residential developer and purchased the new site from a pension fund and redeveloped it as its new facility.
· Counsel to a wealthy individual dedicated to the preservation of land in his hometown in Massachusetts. After plans to construct a multi-unit housing development on a 60-acre farm in the town began to fall through, we were retained to assist the client in acquiring the property from the owner, while settling claims with the prior developer, in placing a permanent conservation restriction on most of the land, in donating a large portion of it to the Town, and in selling the house on the land, restricted by the conservation restriction. This transaction was precedent-setting in the community, and led to the revitalization of the Town's land trust.
· Counsel to owner of a multi-building office complex in Concord, Massachusetts in a $26 million disposition matter. Disposition was structured as a merger into a publicly traded REIT, which acquired the properties by merging our client's corporation into the REIT in exchange for stock in the REIT.
· Counsel to a real estate company that owns an historic building in the center of Harvard Square in Cambridge, Massachusetts. A major tenant wished to expand its commercial business space. We negotiated and executed a new lease to accommodate the expansion, and created a mechanism to permit the expansion to occur while the store continued in full operation, and while major structural alterations were performed in the building.
· Counsel to specialized finance company in a restructuring of a construction loan granted by the client for the conversion of a factory into senior housing. The borrower was in default and without sufficient funds to complete the project or pay off the client. A restructuring of the loan was arranged, providing for additional funds from another lending source, the creation of a condominium and further protections for the client.
Professional Activities
· Boston Bar Association
· Registered Architect, Massachusetts, 1984
Experience
· Duane Morris LLP {newline}- Partner, 1999-present
· Burns & Levinson LLP, Boston, Massachusetts {newline}- Partner, 1990-1999 {newline}- Associate, 1983-1989
· Skidmore, Owings & Merrill, San Francisco, California, Washington, D.C {newline}- Architect, 1979-80; 1981-1982
Civic and Charitable Activities
· Vice President and Director, The New Dance Complex, Inc., Cambridge, Massachusetts
· Clerk and Director, Valley Pond Corporation, Lincoln, Massachusetts
Member: Boston Bar Association.
Practice Areas: Real Estate Law; Environmental Law; Real Estate Development; Real Estate Finance; Zoning Law.Email: Joel S. Freedman
Michael R. Gottfried (Partner) born New Rochelle, New York, August 3, 1958; admitted to bar, 1983, District of Columbia and Massachusetts; Supreme Court of the United States; U.S. Courts of Appeals for the District of Columbia and the Federal, First, Seventh, Ninth and Tenth Circuits; U.S. District Court for the District of Massachusetts and the District of Columbia. Education: George Washington University Law School (J.D., with honors, 1983).
Michael R. Gottfried practices in the areas of business, commercial, healthcare and intellectual property litigation. He represents clients in contract and business tort disputes, unfair and deceptive trade practice cases and trademark, patent and copyright infringement matters. He counsels clients on noncompetition agreements and handles matters involving false advertising and theft of trade secrets.
In 2009, Chambers USA: America's Leading Lawyers for Business included Mr. Gottfried in its listing of leading IP lawyers in Massachusetts.
Admitted to practice in Massachusetts and the District of Columbia, he is a member of the Boston Bar Association and The District of Columbia Bar. Mr. Gottfried is a 1983 graduate of The National Law Center of The George Washington University with honors and a magna cum laude graduate of Tufts University.
Areas of Practice
· Business Litigation
· Commercial Litigation
· Healthcare Litigation
· Intellectual Property Litigation
Representative Matters
· As lead trial counsel, obtained defendants' verdict and an award of 3.9 million in fees and costs after ten day trial in Massachusetts Business Court for the seller of 100 million business on a 20 million plus claim for indemnification for the clean up of a Superfund Site..
· Led DM trial team which contributed to Fortune 250 biotech company's success after a six week jury trial wherein the client's valuable anemia drug related patents were found valid and infringed.
· Counsel to a Fortune 250 biotech company in successfully enforcing its patent rights on remand from the Federal Circuit after a jury waived trial in the District of Massachusetts.
· Lead counsel for Fortune 250 biotech company in patent license dispute with a research institution which was favorably resolved after mediation.
· Counsel to a Florida-based restaurant chain in successfully resolving suit for trade dress infringement and theft of trade secrets in the Federal Court in Tampa, Florida without making any changes to its trade dress.
· Counsel to a national entertainment company in successfully trying and sustaining an appeal claim of theft of trade secrets and obtaining attorneys' fees pursuant to the Massachusetts Unfair and Deceptive Trade Practice Statute.
· Counsel to a college text book publisher in successfully obtaining a ruling that its use of a psychological instrument in its textbook was a "fair use" in the Federal Court in Boston, Massachusetts.
· Successfully representing an inventor on his claim of inventorship and wrongful termination and achieving a lucrative settlement package after litigation in Federal Court in the Northern District of Illinois.
· Successfully representing a manufacturer of turn-key multi-layer injection molding equipment in a series of patent infringement and theft of trade secrets cases litigated in the District Court in Massachusetts by obtaining a favorable settlement after mediation.
· Successfully representing a minority shareholder in a closely held corporation through trial and appeal in a breach of fiduciary duty claim obtaining a seven figure judgment.
· Successfully representing a seller of a commercial property on claims of fraud and breach of the unfair and deceptive trade practice suit in Massachusetts through summary judgment and appeal.
· Counsel to a regional bank in multiple matters including defense of a class action and lender liability claims and enforcement of loan agreements and recovery of collateral.
· Successfully obtained a multi-million dollar settlement for a network of healthcare providers during arbitration with third-party payor in dispute over claims.
· Successfully represented national life and disability insurance company in multiple matters including voiding policies during contestability period and demand for return of premium.
Professional Activities
· Has written on matters relating to trademark and copyright law, including topics such as the Internet, fair-use and work-for-hire doctrines.
· Boston Bar Association
· Massachusetts Bar Association
· International Trademark Association {newline}- Alternative Dispute Resolution Committee {newline}-- Education and Information Subcommittee, 2002-2003
· Named a Massachusetts Super Lawyer in the field of commercial litigation by Boston magazine, 2004-2009
Experience
· Duane Morris LLP {newline}- Partner, 1999-present
· Burns & Levinson LLP, Boston, Massachusetts {newline}- Partner, 1990-1999 {newline}-- Chairman, Business Litigation Department {newline}- Associate, 1985-1990
· Thompson, Hine and Flory, Washington, D.C. {newline}- Associate, 1983-1985
Civic and Charitable Activities
· Cub Master, Pack 89, Boy Scouts of America, North Andover, MA, 1994-2000
Honors and Awards
· Listed in Chambers USA: America's Leading Lawyers for Business, 2009 edition
· Named a Massachusetts Super Lawyer in the field of commercial litigation by Boston magazine, 2004-2009
· Listed in Super Lawyers Corporate Counsel Edition for Business Litigation, March 2009
Selected Publications
· "The Internet Domain Name Landscaped in the Wake of the Government's 'White Paper,'"Boston Bar Journal, November/December 1998
Member: Boston Bar Association; Massachusetts Bar Association; International Trademark Association (Education and Information Subcommittee, Alternative Dispute Resolution Committee, 2002-2003).
Practice Areas: Business Litigation; Commercial Litigation; Health Care Litigation; Intellectual Property Litigation; Contracts; Business Torts; Theft of Trade Secrets; Copyright Registration; Trademark Registration; Patent Infringement; Copyright Infringement; Trademark Infringement; Noncompetition and Non-Solicitation Agreements; False Advertising; Unfair Competition.Email: Michael R. Gottfried
Stephen M. Honig (Partner) born Albany, New York, November 10, 1942; admitted to bar, 1966, Massachusetts; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts. Education: Columbia College (A.B., 1963); Harvard Law School (LL.B., 1966).
Stephen M. Honig practices a broad spectrum of business law, with emphasis on corporate law, securities law and mergers and acquisitions. He has great depth of experience in forming, building, reorganizing and advising on the governance of private companies and public companies and M&A transactions for public and private buyers and sellers both in the United States and globally. His approach to transactions is to focus on bringing value to his clients, minimizing unnecessary costs and time in protracted negotiations in areas which are not adding value to the client.
Mr. Honig's career has reflected the technological orientation of the New England area in which he has practiced, representing startups, emerging businesses, and entities and individuals in technology transfer arrangements in many industries, including high energy physics; photo-voltaics; electronics; computer manufacturing; software; medical devices; pharmaceuticals; semi-conductor materials; circuit boards; online service providers; telecom infrastructure; e-commerce; and energy.
Mr. Honig has served as president of an SEC-registered investment advisor, represented companies and underwriters in public offerings and private placements, represented broker-dealers and market makers, and effected the entry of banks into the securities business.
Several of his clients have engaged Mr. Honig as trustee of their family trusts and, in that capacity, he evaluates and supervises the operation of businesses on behalf of the families whose wealth he manages. He also represents individual, institutional and venture capital investors in equity, debt and lease financings.
Mr. Honig has taught securities law and regularly lectures and writes on governance issues, shareholder disputes, middle market antitrust issues, securities law regulation, Sarbanes-Oxley, and the representation of senior executives engaged in establishing compensation regimes in both public and private company settings. Mr. Honig is a member of the National Association of Corporate Directors, the Securities Law Committees of the Boston and Massachusetts Bar Associations, and the Massachusetts Institute of Technology Enterprise Forum. As principal program director for the National Association of Corporate Directors in New England, he has designed and presented programs for directors and advisors to directors on matters of governance, director duties, boards in crisis, boards faced with regulatory issues, and the legal challenges facing directors under Delaware and federal securities laws. He is the regular securities law columnist for In-House (the Lawyers Weekly publication directed to in-house attorneys). He is a 1966 graduate of Harvard Law School and holds his undergraduate degree from Columbia College.
Areas of Practice
· Corporate Governance
· Corporate Law
· Mergers and Acquisitions
· Emerging Businesses
· Securities Law
Representative Matters
· Representing offshore strategic investor in bridge financing of VC-backed Silicon Valley technology company.
· Representing a long-dormant public company in its revival, SEC compliance and "going dark."
· Representing Investment Bank in $35,000,000 investment into bank, and related regulatory issues.
· Representing investors in $50,000,000 D Round in information technology company.
· Sale of defense contractor with proprietary technology and UK subsidiary.
· Resurrection of publicly registered company after ten year dormancy, with related SEC clearances.
· Sale of medical device company out of chapter 11 in sealed bid auction process with various IP-sensitive bidders.
· Effected merger of life sciences research company with broker/dealer registered investment banking firm.
· Advised venture capital leasing company on numerous national and international telecom leases, with related equity participations.
· Assisted investors in multi-tiered biotech company in structuring an exit format satisfactory to investors, common stockholders and management.
· Structured and implemented international licensing regime for American-based, Harvard-affiliated business consulting concern.
· Effected partial or complete family buyouts/succession strategies for privately owned hardware manufacturer, privately owned defense contractor and privately owned investment bank.
· Effected acquisition by public acquirors of a software company, a semi-conductor materials company, a circuit board company, a fitness products company and a medical software company.
· Represented senior executive employee in connection with whistleblower/Sarbanes-Oxley investigation.
· Represented senior executives in connection with employment, severance, parachute and compensation acceleration (409A) issues in connection with acquisition by a public acquiror.
· Effected private placements, PIPES and secondary public offerings for clients in diverse industries.
· Served as an expert witness in cases involving the standard of care for corporate representation in emerging companies.
· Established irrevocable trust, serving as trustee and issuing private annuities, effecting investment programs and financing various operating companies.
· As family trustee, invested and supervised portfolio to balance yield and growth in complex family situation.
· As family trustee, had significant role in staffing and operating West coast manufacturing facility, East coast commodities distribution company, and factoring/receivables finance company.
· Representation of bank in negotiating of master custodial agreements and related securities transaction documentation.
· Designed deferred compensation, phantom stock and other compensation plans and funds for senior executives in the brokerage and financial services industries.
· Provided comprehensive '34 Act, Sarbanes-Oxley and Regulation FD disclosure advice to exchange-listed public company.
· Represented various senior executives in identifying, pursuing and documenting affiliations with (and investments in) their "next" businesses.
· Advised domestically based financial services company in structuring derivative securities based upon stripped financial instruments and pools of senior settlement insurance policies.
· Advised committees of boards of directors relative to executive compensation, business valuation, option and restricted stock programs, and acquisitions.
Professional Activities
· Advisory Board, State Attorney General's Committee on Non-Profit Governance
· Massachusetts Bar Association {newline}-Securities Law Committee
· Boston Bar Association {newline}-Securities Law Committee
· National Association of Corporate Directors {newline}- Chair, Programming/New England Chapter, 2006-2008 {newline}- Member of Board of Directors, 2008-present
· Member, MIT Enterprise Forum
· Simmons Entrepreneurial Certificate Post-MBA Program {newline}- Board Member
Experience
· Duane Morris LLP {newline}- Partner, 2003-present
· Schnader Harrison Goldstein & Manello, Boston, Massachusetts {newline}- Partner, 2000-2002
· Goldstein & Manello P.C., Boston, Massachusetts {newline}- Founding Partner, 1976-1999
· Widett & Widett, Boston, Massachusetts {newline}- Partner, 1971-1976 {newline}- Associate, 1966-1971
Civic and Charitable Activities
· Steering Committee, Simmons College Graduate MBA Program in Entrepreneurship, 2006-present
· Big Brothers Big Sisters of Massachusetts Bay {newline}- Alumni Committee Chair, 2007-present {newline}- Member of Board of Directors, 2008-present {newline}- Fund Raising Committee, 1989-present
· Volunteer, Educational Surrogate Parent (designated to assist children) 1997-2007
· Member, Temple Israel, Boston
· Former Vice President/Trustee, Temple Beth El, Belmont
· Former Member, Action for Soviet Jewry (trip to USSR/briefed Refusenik cases with Dershowitz Team for Anatoly Scharansky, Abe Stolar, and other Refusenik litigants)
· Former Member, Legal Panel, Civil Liberties Union (private club litigation, protest march Marshall and Advisor)
Selected Publications
· "Commission Planning Changes in Proxy Regulation, In-House publication of Lawyers Weekly, May 2009
· "Globalism Augurs International Accounting Standards," In-House publication of Lawyers Weekly, March 2009
· "Board Primacy Under Attack," Executive Counsel, February/March 2009
· "Guidelines on Business Abroad Revamped," In-House publication of Lawyers Weekly, January 2009
· "Let's Go Christmas Shopping;" a study of acquisitions out of Chapter 11 proceedings, The Deal, December 18, 2008
· "Yesteryear's Finders Still Needed in Today's Finance Business," In-House publication of Lawyers Weekly, November 2008
· "As Sun Sets on Summer, Commission in Frantic Mode," In-House publication of Lawyers Weekly, September 2008
· "SEC Eases Resale of Acquisition Shares," In-House publication of Lawyers Weekly, July 2008
· "The Morass of Executive Compensation," In-House publication of Lawyers Weekly, May 2008
· "Agency facilitiates e-forums for shareholders," In-House publication of Lawyers Weekly, March 2008
· "The future is now: XBRL is coming your way," In-House publication of Lawyers Weekly, January 2008
· "SEC Proposes to Ease Resale of Restricted Securities," In-House publication of Lawyers Weekly, November 2007
· "Assessing the Real-World Impact of New Rules for Auditing Internal Financial Controls," In-House publication of Lawyers Weekly, September 2007
· "SEC Targets Capital Formation Reform," In-House publication of Lawyers Weekly, July 2007
· "Stock Option Fallout: Where Do We Go From Here?," In-House publication of Lawyers Weekly, May 2007
· "The Painful Evolution of SOX §404," In-House publication of Lawyers Weekly, March 2007
· "SEC Tender Offer Rules Revamped," In-House publication of Lawyers Weekly, January 2007
· "New Disclosure Rules Require Prompt Action," In-House publication of Lawyers Weekly, October 2006
· "A Kinder, Gentler 404?" In-House publication of Lawyers Weekly, July 2006
· "Compensation Wars: Is it Disclosure or is it Morality?" In-House publication of Lawyers Weekly, April 2006
· "404 Cost-Saving Proposals for Smaller Companies," In-House publication of Lawyers Weekly, January 2006
· "Securities Reform Arrives--For Some Companies," In-House publication of Lawyers Weekly, October 2005
· "Demystifying 404 Reporting Under Sarbanes-Oxley," In-House publication of Lawyers Weekly, April 2005
· "The Curious Shape of Sarbanes-Oxley Litigation," In-House publication of Lawyers Weekly, July 2005
· "Agency Wants to Overhaul Stock Sale Disclosure Rules," In House publication of Lawyers Weekly, January 2005
· "Agency Planning to Post Online Comment Letter and Responses," In House publication of Lawyers Weekly, October 2004
· "SEC Looks to Eliminate Fraud in Trading Shares of 'Shell' Corporations," In House publication of Lawyers Weekly, July 2004
· "Internal Control Reports: The Next New Thing, Get Ready to Comply with Section 404," The Corporate Compliance & Regulatory Newsletter, Vol. 1, No. 7, March 2004
· "Building a Board For The Pre-IPO Company," In House publication of Lawyers Weekly, April 2004
· "The 2004 Proxy Season Takes Shape," In House publication of Lawyers Weekly, January 2004
· Co-author, "The Morning After: Employment Law and Sarbanes-Oxley," Boston Bar Journal, November/December 2003
· "Commission Looks to Remake Proxy Rules," In-House publication of Lawyers Weekly, Fall 2003
· "Going Public," chapter in The Portable MBA in Finance and Accounting, John Wiley & Sons, Inc. publishers, 2002
· Co-author, "The Cost of the Millennium," Corporate Counsel's Quarterly, Vol. 12, No. 4, October 1996
· "Some Practical Perspectives on Liability of In-House Counsel," Corporate Counsel's Quarterly, Vol. 10, No. 4, October 1994
· "Escape from Corporate Bondage: Practical Solutions," Boston Bar Journal, Vol. 36, No. 4, September/October 1992
· Co-author, "Professional Liability," Massachusetts Law Review, Vol. 73, No. 1 and No. 2, 1988
· "When Controlling Stockholders Fight: Law and Practicality Collide, South Shore Business Magazine, 1985
· "Massachusetts Securities Regulation: In Search of the Fulcrum," University of Baltimore Law Review, 1984
Selected Speaking Engagements
· Speaker, "Developments in Governance and the Impact on Internal Risk Management," Seminars for Non-Profits in Providence, Rhode Island and Boston, Massachusetts, October 2008
· Program Chair, "Developments in the Governance of Non-Profits," New England Chapter of the National Association of Corporate Directors, Boston, Massachusetts, June 10, 2008
· Moderator, "Relationship of Shareholder Control Mechanisms to Financial Success," program, Boston/New England Chapter of the National Association of Corporate Directors, Boston, Massachusetts, November 6, 2007
· Speaker, "Sarbanes-Oxley Act" (section on director and officer impact, whistleblowing, section 404 internal controls, fairness opinions), Lorman Education Services, Boston, Massachusetts, 2006
· Panelist, "Meeting the Fiduciary Standards in Private Board Settings," NACD Series April 2009
· Moderator, "Exit Strategies: A Case Study of Board Interaction," National Association of Corporate Directors Program, Boston, Massachusetts, 2005
· Speaker, "Sarbanes-Oxley Act" (sections on director and officer impact, whistleblowing and section 404 internal controls), Lorman Education Services, Boston, Massachusetts, 2005
· Moderator and Speaker, "Is it Too Risky to be a Board Member?" National Association of Corporate Directors Program, Providence, Rhode Island, 2005
· Speaker, "Rights and Responsibilities of Public Employers, Executives and Lawyers after Sarbanes-Oxley," American Law Institute-American Bar Association, Boston, Massachusetts, 2003
· Chair and Speaker, "Doing Business in Challenging Economic Times," Lorman Education Services, Philadelphia, Pennsylvania, 2002
· Speaker, "Protecting In-House Counsel," Northeast Conference, American Corporate Counsel Association, Waltham, Massachusetts, 1994
· Speaker, "Legal and Antitrust Aspects of Foreign Companies Entering into the Computer Business in the United States," National Conference, Computer Law Association, Toronto, Canada, 1983
Member: Boston Bar Association (Securities Law Committee); Massachusetts Bar Association (Securities Law Committee).
Practice Areas: Corporate Law; Securities; Business Start-Ups; Emerging Business Law; Business Formation; Shareholder Disputes.Email: Stephen M. Honig
Barry C. Klickstein (Partner) born Lynn, Massachusetts, December 18, 1946; admitted to bar, 1973, New York; 1975, Massachusetts; Supreme Court of the United States; United States Court of Claims; United States Court of Appeals, First and Second Circuit; United States Tax Court. Education: University of Massachusetts (B.A., cum laude, 1969); University of Pennsylvania Law School (J.D., cum laude, 1972).
Barry C. Klickstein practices in the areas of complex business and commercial disputes and products liability defense. Mr. Klickstein has 35 years of trial experience in both state and federal courts. He has extensive experience handling cases involving corporate control, minority stockholder suits and securities matters. Mr. Klickstein represents physicians and attorneys in partnership and professional liability and practice litigation. He also represents one of the world's largest casino operators in a broad spectrum of litigation.
A member of the American and Boston bar associations, Mr. Klickstein is a 1972 cum laude graduate of the University of Pennsylvania Law School and a cum laude graduate of the University of Massachusetts.
Areas of Practice
· Commercial Litigation
· Professional Liability Litigation
· Products Liability Litigation
· Probate Litigation
· Insurance Defense Litigation
· Construction Litigation
· Employment Litigation
Representative Matters
· Secured a judgment after several weeks of trial against the founder, promoter, and patent holder on behalf of a medical device company and its investors, including assignment of all patent rights.
· After evidentiary hearings, obtained a judgment in the Bankruptcy Court dismissing over eight million dollars in claims brought against the bankrupt company by foreign distributors.
· Obtained a judgment of dismissal after a summary judgment finding that the defendant shopping center owners and managers were not liable for catastrophic injuries to a business invitee, who had previously settled with co-defendant business owner and architect on her claims of defective design.
· Successfully represented a minority stockholder in a closely held telecom company in avoiding a previously executed buyout/settlement agreement and obtaining a multimillion-dollar settlement.
· Lead trial counsel for multiple corporate defendants in a complex chemical plant explosion case involving seriously burned plaintiffs, resulting in favorable outcomes for all defendants.
· Defended a government contractor in a multi-week False Claims Act trial, bringing seven years of litigation to a successful conclusion.
· Counseled a group of selling stockholders and represented them in litigation to obtain their multimillion-dollar deferred acquisition payment after selling their start-up company to a publicly traded company which sought to avoid payment by raising fraud in inducement claims.
· Represented the officers and directors of a pharmaceutical company against claims of fraudulently withholding adverse FDA reports in the sale of a subsidiary to the plaintiffs, resulting in a "litigation costs" based settlement.
· After extensive discovery and hearings, restored the relatives of Holocaust survivors to their interests in the decedents' real estate, which had been devised to the caregiver and her attorney.
· Obtained a favorable result for a truck manufacturer after trial of a products liability claim involving a longshoreman who suffered severe and permanent brain damage in an accident at a terminal.
· Counseled a national telemarketing company in connection with its employment claims.
· Established the rights of a foreign adoptee to the sole beneficial interest in an irrevocable trust which under applicable Scandinavian law excluded her.
Professional Activities
· American Bar Association
· Boston Bar Association
Board Memberships
· Treasurer and Executive Board Member of the Association of Jewish Family and Children's Agencies
Civic and Charitable Activities
· Chairman, Annual Conference of the Association of Jewish Family and Children's Agencies, April 2005
· Past President and Counsel, Jewish Family Service of the North Shore
Honors and Awards
· Named a 2006 Massachusetts Super Lawyer
Member: Boston Bar Association; American Bar Association.
Practice Areas: Professional Liability Litigation; Commercial Litigation; Products Liability Litigation; Probate Litigation; Insurance Defense Litigation.Email: Barry C. Klickstein
Anthony D. Martin (Partner) born London, England, April 23, 1944; admitted to bar, 1975, Massachusetts. Education: York University, Toronto (B.A., 1964); University of Chicago (M.A., 1966); University of Chicago (Ph.D., 1970); Harvard Law School (J.D., 1975).
Anthony D. Martin practices in the areas of corporate and international law, as well as estate planning. He has substantial experience in corporate law and international transactions, including acquisitions, dispositions, financings, protection of intellectual and other property, employee compensation and equity plans, and contractual matters involving privately held, as well as publicly held companies.
As an estate planner, Mr. Martin has more than 27 years of experience counseling family offices, individuals, married and divorced spouses, business owners and executives, U.S. and non-U.S. citizens, in the techniques of preserving and transferring wealth, protecting assets, providing for children, elderly and other family members and generally in the integration of business and estate planning strategies. He has also assisted clients in the probating of estates and administering trusts, at times in the role of fiduciary or trust protector.
Mr. Martin has advised entrepreneurs and companies engaged in a broad range of commerce, including: computer hardware and software; e-commerce; biotechnology; scientific and medical research; pharmaceuticals and medical devices; manufacture, distribution and retailing of consumer and industrial products; electronics; cryogenics; publishing; fire retardation; life settlements; oil service technologies; personnel recruitment and placement; personal restraints; telecommunications; product design; real estate; commercial and management services. He also counsels a significant number of clients in the healthcare industry, as well as nonprofit entities.
Mr. Martin has made presentations to professional groups, including on October 30, 2007 a presentation to the Berkshire Estate Planning Council on "Planning Ideas for the New Business."
Areas of Practice
· Estate Planning
· Corporate Law/International Transactions
Representative Matters
Business Transactions
· Representation of seller of energy services company in transaction in excess of $150 million
· Structuring technology company for multi-industry applications in both commercial and governmental fields involving foreign and domestic financing
· Representation of foreign borrower in syndicated real estate loan closing requiring special purpose vehicle entities
· Counseling U.S. clients on settlements of contentious litigations involving patent and other issue
· Implementation of recall program for product manufacturer
· Negotiation of restricted stock and deferred compensation package for highly paid executive in multinational company
· Assisting senior medical professional transition from former practice group to new one
Estate Planning
· Restructuring of multi-generational family office with substantial assets, including trust decanting and re-siting
· Complex structuring for wealth building and tax savings for family limited liability company with children's trusts, defined benefit plan, employment and insurance arrangements
· Transitioning family business from senior generation to adult child tax efficiently
· International estate planning for executives with U.S. and offshore assets
· Managing transatlantic probates with litigation and regulatory issues in both jurisdictions
· Negotiation of complex prenuptial arrangement with irrevocable insurance trust
· Planning for donor-advised philanthropic gift of substantial size
Professional Activities
· American Bar Association
· Massachusetts Bar Association
· Boston Bar Association
· International Bar Association
· British American Business Council of New England {newline}- Co-Founder (1986); President (2005-6)
Experience
· Schnader Harrrison Segal Lewis LLP, Boston, Massachusetts {newline}- Partner, 2000-2002
· Goldstein & Manello, P.C., Boston, Massachusetts {newline}- Stockholder and Director, 1984-2000 {newline}- Partner, 1980-1984 {newline}- Associate, 1976-1980
· University of California, Los Angeles {newline}- Assistant Professor of International Relations, 1969-1972
· Duane Morris LLP {newline}- Partner, 2002-present
Selected Publications
· Author, "Accountants' Restrictive Covenants: Making Them Enforceable in Massachusetts," Massachusetts Society of CPA's, 1999
· Author, "Post Pettingell: Resolving Dilemma of Duties to Clients vs. Duties to Partners," 84 Mass. I., Rev. 36, 1999
· Co-Author, "Considerations in Buying and Selling a Business in Massachusetts," National Business Institute, Inc. 1984
Selected Speaking Engagements
· Speaker, "Three Cures for the Anemic Estate Plan," presentation to Alumni of Harvard Medical School, June 5, 2008
· Speaker, "Planning Ideas for the New Business," Berkshire Estate Planning Council, Pittsfield, Massachusetts, October 30, 2007
Member: Boston Bar Association; Massachusetts Bar Association; American Bar Association; International Bar Association.
Languages: French. Practice Areas: Corporate Law; Corporate Contracts; International Law; Estate Planning; Wealth Preservation; Energy Facility Siting; Nuclear Energy; Mergers and Acquisitions; Franchise Distribution; Asset Protection.Email: Anthony D. Martin
Paul D. Moore (Partner) born Boston, Massachusetts, May 24, 1951; admitted to bar, 1977, Massachusetts; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts; Supreme Court of the United States. Education: Boston College (B.S., 1973); Boston College Law School (J.D., 1976).
Paul D. Moore has been practicing law for 30 years and focuses his practice on business reorganization, bankruptcy law and litigation and loan workouts. He represents debtors in possession and Chapter 11 trustees in a wide range of reorganization cases under Chapter 11 of the Bankruptcy Code pending in various jurisdictions, including Delaware and New York, as well as Massachusetts. He also represents creditors in bankruptcy and loan workout matters.
Mr. Moore is a member of the American, Massachusetts and Boston Bar Associations, the American Bankruptcy Institute and the Association of Insolvency and Restructuring Advisors. For a number of years, he has been recognized as a "Super Lawyer" in Boston magazine and named one of Corporate Counsel magazine's "Best Lawyers." He also has been listed in multiple editions of Chambers USA: America's Leading Business Lawyers, "The Best Lawyers in America", and the Insolvency & Restructuring Expert Guide as well as on the web sites "Best of the United States" and "Madison Who's Who." A frequent author and lecturer on bankruptcy and loan workout matters, Mr. Moore is a 1976 graduate of Boston College Law School and a graduate of Boston College.
Representative Matters
Current/Recent Chapter 11 Cases
· Palm Harbor One, LLC
· Lan-Tel Technologies
· SOS Realty LLC
· Integrated Fuel Cell Technologies, Inc.
· Seafood Services, Inc., d/b/a Macleans Seafood
· USM Corporation, d/b/a United Shoe Machinery
· Adam Construction Corporation, Inc.
· Med Diversified, Inc. (publicly held) and various subsidiaries
· Olympus Healthcare Group, Inc. and its subsidiaries
· Co-counsel to BREED Technologies, Inc. and numerous subsidiaries, one of the world's largest manufacturers of passive restraint systems, in their chapter 11 reorganization.
· Co-counsel to Video Update, Inc. and its various subsidiaries in chapter 11 reorganization of their retail network of 585 corporate-owned specialty video stores and 35 franchised stores located in 29 states and five provinces in Canada.
· Counsel to CareMatrix Corporation (publicly held) and its various subsidiaries in their chapter 11 reorganization. The companies owned and operated 36 assisted living and other long-term care facilities for the elderly in 11 states.
· Lids Corporation
· Co-counsel to Caribbean Petroleum, LP, the largest petroleum producer and distributor in Puerto Rico, in its Chapter 11 case in Wilmington, Delaware.
· Digital Broadband Communications
· Vitts Networks, Inc.
· Peter Tourtellot, as Ch. 11 Trustee of Color-Tex International, Inc.
· Post Tool, Inc.
· Counsel to the Creditors' Committee of Learningsmith, Inc., a retailer of children's educational products with stores located throughout the United States.
· John J. Aquino, Esq., as Creditors Trustee of First New England Dental Centers
· Stephen S. Gray, Chapter 11 Trustee of V&M Management, Inc., d/b/a Mandela
Past Chapter 11 Representations
· Arrow Automotive Industries, Inc. (publicly held)
· Symbolics, Inc. (publicly held)
· Sanborn, Inc. (publicly held) and subsidiaries Environmental Compliance Corporation and Centrifuge Consultants, Inc.
· Heron Pond LLC
· Heron Pond Construction Company
· Home Life Medical, Inc.
· Antaeus Energy Corporation and Affiliates: {newline}- Mineral Development Corporation {newline}- Resource Recovery II, LLC {newline}- Coal Recovery I, LLC {newline}- Coal Recovery II, LLC {newline}- Coal Recovery III, LLC {newline}- Greenfield Environmental Recovery II, LLC {newline}- Antaeus Gary Project Inc. {newline}- MDC of Illinois, Inc. {newline}- Anateus Technical Services, Inc.
· Martha's Vineyard Hospital, Inc./Martha's Vineyard Hospital Foundation, Inc.
· Harrison J. Goldin, Chapter 11 Trustee of Monarch Capital Corp. (publicly held)
· Boston Harbor Marina Corp.
· Lincoln North Associates Ltd. Partnership
· Spencer Companies, Inc. (publicly held) and 27 subsidiaries
· Happy Legs, Inc.
· Provincetown-Boston Airlines, Inc. (publicly held)
· One Bancorp (bank holding company)
· Leading Edge Products, Inc.
· Chelmsford Medical Associates, Inc.
· Choate-Symmes Hospitals, Inc.
· Morton Shoe Stores, Inc.
· Financial Equity Services, Inc.
· Commercial Management Services, Inc.
· Roxse Homes, Inc
· Paul's Distributors, Inc.
· Logical Software, Inc.
· A.H. Leeming, Inc.
· Clermont, Inc.
· Stephen S. Gray, Chapter 11 Trustee of William T. Bates
· Stephen S. Gray/Henry Boroff, Chapter 11 Trustees of Fidelity Mortgage Company, Inc.
· Stephen S. Gray, Chapter 11 Trustee of CIM Communications, Inc.
· Stephen S. Gray, Chapter 11 Trustee of TLX Communications, Inc.
· Stephen S. Gray, Chapter 11 Trustee of Katie Brooke, Inc.
· Stephen B. Darr, Chapter 11 Trustee of Claude C. Rancourt and Matriarch, Inc.
· Encryption Technology Corporation
· Wholesale Depot, Inc./Warehouse Depot, Inc.
· Sportsmed, Inc.
· TCM Holding Corp., d/b/a Tile City
· Edward G. LeRoux, Jr.
· Winchester Associates Limited Partnership, d/b/a Gables at Winchester
· Guilford Development Associates Limited Partnership, d/b/a Gables at Guilford
· Albert F. Curran, Sr.
· Bradford, Inc.
· 110 Beaver Street Partnership
Receivership Matters
· Second West, LLC
· First West, LLC
· South City, LLC
· Neponset Village Associates
· Cityside Realty Trust
· Third West Realty Trust
· Widett Slater & Goldman, P.C.
· H. J. Davis Development Corp
Professional Activities
· American Bar Association
· Massachusetts Bar Association
· Boston Bar Association
· American Bankruptcy Institute
· Board of Directors, Association of Insolvency and Restructuring Advisors (AIRA), 2006-present
· Co-chair, The Association of Insolvency and Restructuring Advisors' (AIRA) 21st Annual Conference, Boston, June 2005
Experience
· Choate, Hall & Stewart, Boston, Massachusetts {newline}- Partner, 1990-1999
· Foley, Hoag & Eliot, Boston, Massachusetts {newline}- Partner, 1982-1990 {newline}- Associate, 1979-1982
· Duane Morris LLP {newline}- Partner, 1999-present
· Testa, Hurwitz & Thibeault, Boston, Massachusetts {newline}- Associate, 1976-1979
Honors and Awards
· Multiple annual listings in Chambers USA: America's Leading Business Lawyers
· Listed in Corporate Counsel's Top Lawyers - Bankruptcy and Creditor-Debtor Rights Law
· Listed in the 2009 Bar Register of Preeminent Lawyers
· Listed in Madison's Who's Who Among Executives and Professionals
· Multiple annual listings in The Best Lawyers in America
· Multiple annual recognitions as a "Super Lawyer" in Boston magazine
· Listed in the Insolvency & Restructuring Expert Guide (formerly Guide to the World's Leading Insolvency and Restructuring Lawyers)
· Listed in "Best of the United States" (www.bestofus.com)
Selected Publications
· Author, "Pre- and Post-Bankrupcty Strategies Involving Section 1104 and the Implications for Turnaround Professionals: Contrasting in re The 10311 Tax Group, LLC with In re ASARCO, LLC," Association of Insolvency and Restructuring Advisors, June/July 2008
Selected Speaking Engagements
· Speaker, "Dos and Don'ts of Being an Expert Witness," 24th Annual Bankruptcy and Restructuring Conference, Las Vegas, Nevada, June 5, 2008
Member: American Bar Association; Massachusetts Bar Association; Boston Bar Association.
Practice Areas: Business Reorganization; Bankruptcy Law; Bankruptcy Litigation; Loan Workouts; Creditors' Rights; Bankruptcy Chapter 11.Email: Paul D. Moore
Daniel R. Pierce (Partner) born Lowell, Massachusetts, June 14, 1972; admitted to bar, 1998, Massachusetts; State Courts of Massachusetts. Education: Boston University School of Law (J.D., magna cum laude, 1998).
Daniel R. Pierce practices in the areas of corporate and intellectual property law. Mr. Pierce represents clients in various business transactional matters, including mergers and acquisitions, venture capital investments and commercial lending transactions. Mr. Pierce also has significant experience representing clients with respect to licensing, sponsored research and other transactions involving patents, trademarks, software and other intellectual property.
A member of the Boston Bar Association, Mr. Pierce is a 1998 magna cum laude graduate of the Boston University School of Law, where he was a member of the Boston University Law Review, and a cum laude graduate of the University of Massachusetts.
Areas of Practice
· Corporate Law
· Intellectual Property Law
Representative Matters
· Represented major service provider to nuclear power industry in $150+ million sale to a consortium of private equity firms.
· Represented Waters Corporation in $23 million acquisition of Rheology Business of Rheometric Scientific, Inc.
· Represented Waters Corporation in acquisition of Creon Lab Control, AG and its subsidiaries.
· Represented Biostream, Inc. in sale of Series A convertible preferred stock.
· Represented Q-RNA, Inc. in sale of Series B convertible preferred stock.
· Represented Esurg Corporation in business combination with Integrated Logistics Systems National, L.L.C. and related recapitalization of the combined entities.
Professional Activities
· Boston Bar Association
Experience
· Duane Morris LLP {newline}- Partner, 2007-present {newline}- Associate, 2003-2006
· Schnader Harrison Goldstein & Manello, Boston, Massachusetts {newline}- Associate, 1998-2002
Member: Boston Bar Association.
Practice Areas: Corporate Law; Intellectual Property Law; Business Transactions; Mergers and Acquisitions; Venture Capital; Intellectual Property Licensing; Copyright Registration; Trademark Registration.Email: Daniel R. Pierce
Patricia R. Rich (Partner) born Bridgeport, Connecticut, April 8, 1970; admitted to bar, 1998, Massachusetts; 1999, Connecticut; U.S. District Court for the District of Connecticut; U.S. District Court for the District of Massachusetts. Education: University of Connecticut (B.A., cum laude, 1991); University of Hawaii (M.S.W., 1995); Northeastern University School of Law (J.D., 1998).
Patricia R. Rich practices in the area of civil litigation, including complex commercial, business, intellectual property and healthcare litigations. Admitted to practice in both Massachusetts and Connecticut, Ms. Rich litigates multimillion-dollar business disputes, tort cases, intellectual property disputes and healthcare matters, including class actions. As a trial attorney, Ms. Rich represents a diverse range of clients in a wide variety of matters, including breach of contract, unfair and deceptive trade practice cases, trademark and patent and copyright infringement matters in both the state and federal courts. When appropriate, Ms. Rich assists clients in avoiding costly and protracted litigations by negotiating settlements, both directly and through alternative dispute resolution, and through strategic use of dispositive motions.
Ms. Rich is a member of the American, Massachusetts and Boston bar associations and the Women's Bar Association of Massachusetts. Ms. Rich is a 1998 graduate of Northeastern University School of Law, a graduate of the University of Hawaii at Manoa (Master of Social Work) and a cum laude graduate of the University of Connecticut.
Representative Matters
· Wyeth v. Apotex Inc., and Apotex Corp., Case No. 08-022308 (S.D. FL). Patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's anti-depressant product EFFEXOR® XR, the active ingredient of which is venlafaxine hydrochloride.
· Part of trial team that contributed to Fortune 250 biotech company's success after a six-week jury trial wherein the client's valuable anemia drug related patents were found valid and infringed.
· Represented a sales company in obtaining a favorable buyout resulting from a dispute over an exclusive distributor agreement.
· Represented a national event organizing company in obtaining resolution of its breach of contract claim for failure to pay for services rendered and in avoiding multimillion-dollar fraud counterclaims.
· Obtained a multimillion-dollar settlement for a network of healthcare providers during arbitration with third-party payor in dispute over claims.
· Represent physicians, therapists, emergency room doctors, pathologists and other healthcare professionals in obtaining resolution of claims against commercial payors or health insurance providers related to the proper payment for health care services rendered.
· Achieved dismissal of an action alleging breach of environmental cleanup provisions in a purchase and sale agreement for a commercial property for a national company.
· Represented both minority and majority shareholders in connection with disputes over partnership dissolution and valuation.
· Represented numerous clients as plaintiffs and defendants in Chapter 93A litigation involving allegations of unfair competition and deceptive trade practices.
· Represented various financial institutions in litigation involving commercial loans, defaults and restructuring of debt.
· Successfully obtained prejudgment attachment for financial institutions in commercial lending litigations.
· Obtained injunction for major construction company in complex dispute related to large public works project involving millions of dollars, which was then used as leverage to negotiate resolution of the case.
· Successfully defended clients in prejudgment attachment actions in cases involving breach of contract.
· Obtained summary judgment for insurance company in coverage case involving misrepresentations in a life insurance policy.
· Obtained dismissal for insurance company of claim for breach of contract regarding a disability insurance policy and used favorable ruling with respect to unfair and deceptive practices claim to obtain settlement which client found very favorable.
· Represented several large public companies in patent infringement litigations.
· Represented business development consulting company in copyright infringement matters, successfully and consistently shutting down infringing uses through effective advocacy without the necessity or expense of trial.
Professional Activities
· American Bar Association
· Massachusetts Bar Association
· Boston Bar Association
· Women's Bar Association {newline}- Member of the Business Development Committee and Appointments, Awards & Endorsement Committee
Experience
· Duane Morris LLP {newline}- Partner, 2007-present {newline}- Associate, 2002-2006
· Testa, Hurwitz & Thibeault, LLP, Boston, Massachusetts {newline}- Associate, 1998-2002
Civic and Charitable Activities
· Participated in the Pan Mass Challenge, a two day, two hundred mile bicycle ride to raise money for cancer research, 2008 and 2009
· Big Sister, 2000-present
· Member of the Oversight Committee for the Lawyers Concerned for Lawyers, 2008-present
· Member of Duane Morris LLP's pro bono committee
Selected Publications
· Author, "Rising Above Marketing & Business Development Hurdles," Women's Bar Review, August 2008
· Co-Author, "Automatic Disclosure Requirements in Federal Court -- Avoiding the Bite Behind the Bark," Boston Bar Journal, May/June 2004
· Co-Author, "Beyond Materiality and Scienter: Strategies for Successfully Defending Securities Class Actions by Attacking Plaintiffs' Loss Causation and Damages Theories," Massachusetts Continuing Legal Education Practicing Law Institute, New York, New York, Fall 2001
· Co-Author, "High Technology Crimes," Massachusetts Continuing Legal Education Seminar Manual, Boston, Massachusetts, Fall 1998
Selected Speaking Engagements
· Speaker, "Tips to Gain the Client's Confidence," Massachusetts Bar Association CLE seminar, Boston, Massachusetts, November 2, 2006
· Panelist and Co-Organizer, "Wrongful Convictions: A Call to Action," Criminal Justice Institute, Harvard Law School, Cambridge, Massachusetts, April 19-20, 2002
Member: Boston Bar Association; Massachusetts Bar Association; American Bar Association; Women's Bar Association (Member, Business Development Committee and Appointments, Awards and Endorsement Committee).
Practice Areas: Complex Commercial Litigation; Intellectual Property Litigation; White Collar Criminal Defense; SEC Enforcement; Securities Class Actions.Email: Patricia R. Rich
Bronwyn L. Roberts (Partner) born Boston, Massachusetts, February 14, 1971; admitted to bar, 1997, Massachusetts; New Hampshire; United States District Court for the District of Massachusetts; United States Court of Appeals for the First Circuit. Education: Tufts University (B.S., 1993); Suffolk University Law School (J.D., 1997).
Bronwyn L. Roberts represents businesses and health and educational institutions in employment litigation matters, including the defense of employment discrimination cases, wrongful discharge cases, wage and hour claims, employment contract matters and restrictive covenant litigation. She counsels businesses on employment matters, including the preparation of human resource policies, sexual harassment and other employee investigations, hiring decisions, and reductions in force. She also litigates complex commercial claims for her clients.
Ms. Roberts is a member of the Labor and Employment Law and Commercial Litigation sections of the Boston Bar Association, the Massachusetts Bar Association Labor and Employment Law Section Council, and the Woman Advocate Committee of the Litigation Section of the American Bar Association. She is a 1997 cum laude graduate of Suffolk University Law School and a graduate of Tufts University.
Representative Matters
· Obtained a dismissal for a transportation company sued by former employees for alleged violation of the Worker Adjustment and Retraining Notification Act.
· Successfully represented a restaurant in a wage and hour investigation by the Department of Labor.
· Counsel to a national business machine company in successfully enforcing a noncompetition agreement with one of its former salespersons by obtaining a preliminary injunction in Massachusetts Superior Court.
· Successfully represented an employer medical practices group in settling a claim of gender discrimination brought by an employee without the client employer having to come out-of-pocket for any payments.
· Counsel to a food services equipment company in a federal disability discrimination lawsuit. Successfully obtained summary judgment in favor of company dismissing complaint.
Professional Activities
· Women's Bar Association of Massachusetts {newline}- Business Development Committee
· American Bar Association {newline}- Litigation Section {newline}-- Woman Advocate Committee {newline}--- Chair, Young Lawyer Outreach Subcommittee
· Massachusetts Bar Association Labor and Employment Law Section Council, 2007-present
Experience
· Duane Morris LLP {newline}- Partner, 2007-present {newline}- Associate, 2000-2006
· Lane Altman & Owens LLP, Boston, Massachusetts {newline}- Associate, 1997-2000
Civic and Charitable Activities
· Tufts University Alumni Association Regional Programs Committee, 2005-2006
Selected Publications
· Co-author, "Developing Emotional Intelligence to Avoid Traps in a Litigation Practice," The Woman Advocate, Summer 2008
· Author, "Men Are Now Eligible for Maternity Leave Benefits in Massachusetts," Duane Morris Alert, June 17, 2008
· Co-author, "The Morning After: Employment Law and Sarbanes-Oxley," Boston Bar Journal, November/December 2003
· Chapter Co-author, "How to Hire and Fire in 76 Jurisdictions"
Selected Speaking Engagements
· Lecturer, Advising Clients on Layoffs, Massachusetts Bar Association, January 2009
· Lecturer, "Recent Developments in Employment Law," Duane Morris Seminar, Spring 2001-2007
· Faculty, Taking Depositions Workshop, Massachusetts Continuing Legal Education, Inc., 2007-2008
· Panelist, "Preparing to File a Lawsuit," Massachusetts Bar Association, July 2005
Member: Massachusetts Bar Association (Labor and Employment Law Section Council, 2007-present); American Bar Association (Chair, Young lawyer Outreach Subcommittee, Woman Advocate Committee, Litigation Section); Women's Bar Association of Massachusetts (Business Development Committee).
Practice Areas: Civil Litigation; Commercial Litigation; Employment Law; Products Liability; Land Use; Trial Practice; Immigration Law; Employment Immigration.Email: Bronwyn L. Roberts
Martin B. Shulkin (Partner) born Cambridge, Massachusetts, April 24, 1944; admitted to bar, 1969, Massachusetts and Florida; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts; Commonwealth of Massachusetts; State Courts of Florida. Education: Williams College (B.A., 1966); Boston College Law School (J.D., 1969) Order of the Coif.
Martin B. Shulkin is the managing partner of Duane Morris' Boston office, a member of the firm's national governing Partners Board, and a member of the national steering committee of the Corporate Practice Group. Mr. Shulkin focuses his practice on counseling businesses, particularly in the areas of entity formation, corporate governance, succession planning, mergers and acquisitions, emerging businesses, venture investments, intellectual property licensing, and corporate and commercial finance. He has handled numerous business transfers involving both public and private companies, including the sale or acquisition of clients in the pharmaceutical, healthcare, software, manufacturing, medical device, construction and retail industries.
Mr. Shulkin has represented venture funds, as well as emerging companies in multiple rounds of venture financing, multi-national corporations in cross border transactions and professional service firms in corporate restructurings. He has counseled distressed entities in business reorganizations and workouts, both in and out of bankruptcy. He has represented majority and minority shareholders and general and limited partners in business separations and restructures, and counseled business clients in connection with commercial and contractual disputes.
He is a member of the American and Boston bar associations. Admitted to practice in Massachusetts and Florida, he holds a J.D. from Boston College Law School and a B.A. from Williams College.
Representative Matters
Mergers & Acquisitions
· Counsel to private equity funds in their negotiations and acquisitions of multiple manufacturing companies.
· Counsel to the management shareholders of Sara Michaels, a leading manufacturer of bath and beauty supplies, in the sale of the Company to Dial Corporation in an all cash transaction.
· Counsel to Vested Development, Inc., a Russian owned global software outsourcing provider in its merger with EPAM Systems, creating one of the largest software outsourcing providers in central and eastern Europe.
· Counsel to a leading manufacturer of high tech lenses and coatings, including those used in the repair of the Hubble Space Telescope, in the sale of the company to a NASDAQ listed corporation for cash and stock of the acquirer. The transaction included post closing registration rights for the stock, and the use of a "collar" to protect the closing date stock valuation.
· Counsel to a major regional asphalt manufacturer/road builder in the sale of 100% of the stock of the Company to a European conglomerate in a cash transaction. The transaction included seven quarries and manufacturing plants with significant real estate and environmental issues.
· Counsel to Pet Supply Depot, a leading regional chain of pet supply stores in the sale of the company to Petco in an all cash transaction.
· Counsel to an institutional pharmaceutical company in the sale of the company to an American Stock Exchange listed corporation, for shares of the acquiring company. The transaction involved the simultaneous registration and sale of the shares with the sale of the company. The transaction also involved a two tier earn-out providing additional purchase price based on the company's performance for a three year period following the closing.
· Counsel to the buyers of a minor league baseball franchise in the acquisition of the franchise. The transaction included a lengthy application and approval process by the Southern League and Major League Baseball.
Professional Service Firms
· Counsel to a law firm in its partnership structuring and its formation of offices on a national basis.
· Counsel to a regional architectural firm in the sale of the company to a national engineering firm in a cash and stock transaction. As part of the sales transaction, principals of the seller became shareholders in the acquirer, and the documentation of the employment and ownership rights of the principals post closing.
· Counsel to a regional engineering firm in multiple acquisitions of engineering companies, and the documentation of employment and stock ownership rights in the acquirer for certain management employees of the acquired companies.
· Counsel to a regional accounting firm in the restructuring of the firm to provide "succession" planning. The transaction included revisions to the partnership agreement, the redemption of certain founders interests, and an agreement for future admission and retirement of partners.
· Counsel to the partners of a local accounting firm in the merger of the firm with another co-equal accounting firm. The transaction included the negotiation and documentation of the governing organizational and operating agreements of the merged accounting firm post closing.
Emerging Companies/Venture Financings/Private Placement
· Counsel to a California-based venture fund in multiple rounds of "seed" financing of startup companies situated in Massachusetts and New Hampshire
· Counsel to the venture capital group of a regional bank in multiple later stage rounds of venture financing of emerging companies situated in Massachusetts. The transactions included the negotiation and documentation of the initial term sheet, the share purchase agreement, the organizational documents including the rights and preferences of the different classes of stock, registration rights and shareholder agreements.
· Counsel to a custom software provider in its initial round of financing through a private placement to "sophisticated" investors, and in subsequent rounds of venture financing with the Silicon Valley Bank of convertible debt and warrants.
· Counsel to an internet publisher of alternative medicine information in Series A, B, C and D rounds of financing with a group of venture capital firms, led by a principal lead investor.
· Counsel to a real estate investment fund providing high yield debt and mezzanine financing. Transactions have included DIP financing for chapter 11 debtors; acquisitions of traditional bank loans and subsequent refinancing, including mezzanine financings of hotels, golf courses, skating rinks and shipyards.
Professional Activities
· American Bar Association {newline}- Business Law Section
· Boston Bar Association
· Association for Corporate Growth
Experience
· Duane Morris LLP {newline}- Partner, 1999-present
· Burns & Levinson LLP, Boston, Massachusetts {newline}- Partner, 1980-1999 {newline}- Managing Partner, 1992-1996 {newline}- Associate, 1970-1971
· Sweeney and Franklin, Boston, Massachusetts {newline}- Partner, 1979-1980
· Soble, Soble, and Shulkin, Boston Massachusetts {newline}- Founding Partner, 1972-1979
· Chief Justice of the Superior Court of Massachusetts {newline}- Judicial Clerk, Honorable G. Joseph Tauro, 1969-1970
Board Memberships
· Former Chairman, Board of Trustees, Hebrew Senior Life
Selected Publications
· Author of chapter, "Helping the Client Assess and Avoid Risk," Deal Strategies for Venture Capital and Private Equity Lawyers: Top Attorneys on Protecting IP Assets, Handling Fund-Raising and Formation Issues, and Working with VC Funds and Buyout Groups to Structure Transactions. (2007)
· Author, "Don't fear the Hedge Fund," Financial Week (May 2007)
Member: Boston Bar Association; American Bar Association (Business Law Section).
Practice Areas: Business Law; Real Estate Finance; Real Estate Development; Intellectual Property Licensing; Corporate Governance; Mergers and Acquisitions; Emerging Business; Venture Capital; Corporate Reorganization.Email: Martin B. Shulkin
Jeffrey D. Sternklar (Partner) born New York, N.Y., February 12, 1958; admitted to bar, 1983, Texas; 1986, North Carolina; 1987, New York and Massachusetts. Education: Duke University School of Law (J.D., 1983).
Jeffrey D. Sternklar has over 20 years of experience representing clients in business workouts, both out of court restructurings and chapter 11 bankruptcies. He represents purchasers of assets from bankruptcy estates, plan funders and proponents, secured creditors, unsecured creditors, unsecured creditor committees, trustees, debtors and other parties in interest (including acquirers of distressed debt, equipment and real estate lessors, holders of intellectual property licensed to debtors, defendants in avoidance actions, equity holders, DIP lenders).
Mr. Sternklar is a member of the American and Boston bar associations, the American Bankruptcy Institute and the Commercial Law League of America. He is certified as a Business Bankruptcy Specialist by the American Board of Certification. Admitted to practice in Massachusetts, New York, North Carolina and Texas, he is a 1983 graduate of Duke University School of Law and a graduate of the State University of New York at Binghamton.
Professional Activities
· American Bankruptcy Institute
· Commercial Law League of America
· American Bar Association {newline}- Section of Litigation {newline}- Business Law Section
· Boston Bar Association {newline}- Bankruptcy Law Section
· Certified as a Business Bankruptcy Specialist by the American Board of Certification
Experience
· Duane Morris LLP {newline}- Partner, 1999-present
· Burns & Levinson LLP, Boston, Massachusetts {newline}- Chairman, Bankruptcy Group, 1990-1999 {newline}- Partner, 1990-1999 {newline}- Associate, 1986-1990
· Foster, Conner, Robson & Gumbiner, Greensboro, North Carolina {newline}- Associate, 1985-1986
· Boyer, Norton & Blair, Houston, Texas {newline}- Associate, 1983-1985
Selected Speaking Engagements
· Speaker, "2008 Settlement Strategies in Bankruptcy Situations: Unique Insights Into New Client Strategies & Interpreting the Impact of the Current Economy, Key Cases & More," Research and Markets video seminar
· Speaker, "Healthcare Bankruptcies Following the Enactment of the Bankruptcy Abuse and Prevention and Consumer Protection Act of 2005," Boston Bar Association Bankruptcy Law Section Meeting, Boston, Massachusetts, October 17, 2006
· Speaker, "The New Bankruptcy Code Collides with Healthcare Law - What Do We Do Now?" Boston Bar Association Health Law Section Seminar, February 10, 2006
· Panelist,"Circuit Splits: Divergent Precedents and Practices Among the First, Second and Third Circuits," American Bankruptcy Institute's Northeast Conference, July 2004
· Speaker, "Circuit Splits: Differences and Trends Among the First, Second and Third Circuits in Recent Bankruptcy Decisions," Annual Meeting of the Northeast Conference of the American Bankruptcy Institute, Bretton Woods, New Hampshire, July 2004
· Speaker, "Recent Developments in Intellectual Property Insolvency Matters," Duane Morris Risk and Recovery Annual Seminar Series: Developments in Bankruptcy, Reorganization and Commercial Finance Law, June 1999 through 2004
· Panelist, "Effective Use of the Procedural Rules in Bankruptcy Litigation," Boston Bar Association's Young Lawyers Committee of the Bankruptcy Law Section, Boston, Massachusetts, March 14, 2002
· Presentation at Subcommittee meeting of Claims Rulemaking Project Subcommittee, Annual Meeting of the American Bar Association Bankruptcy and Insolvency Litigation Committee of the Section of Litigation, Orlando, Florida, October 2001
· Speaker, "Litigation By the Numbers," Massachusetts Bar Association Continuing Legal Education Seminar, February 2001
· Speaker, "The Ever Expanding Concept of Claim," Annual Meeting of the American Bar Association Section of Business Law, Committee on Business Bankruptcy, San Francisco, California, October 1999
· Speaker, "The Pending Bankruptcy Reform Act and its Impact on Chapter 11 Practice," Ninth Annual Bench Meets Bar, Boston Bankruptcy Association, Boston, Massachusetts, June 1999
· Speaker, "Chapter 11 Practice - PreBankruptcy Considerations," Massachusetts Bar Association Continuing Legal Education Seminar, March 1998
Member: Boston Bar Association (Bankruptcy Law Section); American Bar Association (Section of Litigation; Business Law Section).
Practice Areas: Bankruptcy Law; Bankruptcy Litigation; Workouts; Business Reorganization; Financial Restructuring; Franchise Law; Commercial Finance; Finance.Email: Jeffrey D. Sternklar
Daniel B. Winslow (Partner) born 1958; admitted to bar, 1983, Massachusetts; U.S. District Court for the District of Massachusetts; U.S. Court of Appeals for the 1st Circuit. Education: Tufts University (B.A., magna cum laude, 1980); Boston College Law School (J.D., cum laude, 1983).
Daniel B. Winslow is a trial lawyer and a problem solver who helps clients accomplish their business goals. Prior to joining Duane Morris, Mr. Winslow was chief legal counsel to then-Massachusetts Governor Mitt Romney and was previously a presiding justice and appellate division justice in the Massachusetts Trial Court.
Based on his broad leadership experience in both the private and public sectors, Mr. Winslow concentrates his practice in three areas: trial, outside general counsel services and corporate strategies.
As a trial lawyer and a former Massachusetts trial court judge, Mr. Winslow understands the value of creative advocacy in persuading a judge or jury to decide in a client's favor. His trial practice encompasses complex civil and criminal cases for individuals and corporations, including bet-the-company litigation and ADR involving commercial disputes, state and federal administrative law, corporate compliance, intellectual property, consumer protection, products liability, procurement and white-collar criminal defense. He represents clients in a range of industries, including construction, energy, environmental, insurance, automotive and real estate.
Mr. Winslow has been cited by Massachusetts Lawyers Weekly newspaper as one of the 35 most influential lawyers in Massachusetts in the past 35 years. Recognized as a Super Lawyer in Massachusetts by Law & Politics magazine, Mr. Winslow also has been named one of the nation's Top 500 Trial Lawyers by Lawdragon Magazine.
Mr. Winslow's practice also encompasses outside general counsel services. As the former chief legal counsel to former Governor Romney, Mr. Winslow oversaw a team of more than 800 in-house and outside counsel; the largest legal practice in the commonwealth. Mr. Winslow now serves as outside general counsel to companies that operate without an in-house legal department or in combination with corporate legal departments seeking to leverage the practice depth and geographic reach of Duane Morris. As outside general counsel, Mr. Winslow has assisted corporate clients in areas as varied as HIPAA, patent prosecution and litigation, trademark and copyright, telecommunications, investment banking, internet and entertainment law, internal investigations, LNG and energy law, project development, healthcare law, litigation audits and improving outside counsel procurement practices.
Innovation is the key to corporate competitiveness in the global marketplace. In the corporate strategies area of his practice, Mr. Winslow works closely with management to identify and achieve innovative results, cost savings and revenue maximization. Whether designing a conflict prevention and resolution strategy, coordinating legal and media strategies, creating legislative or administrative public policy solutions, developing internal compliance and training policies, assessing and preventing risk, or capturing opportunity, Mr. Winslow is a lawyer who gets things done.
Professional Activities
· International Institute for Conflict Prevention & Resolution (CPR) {newline}- Appointed to Corporate Protocol Commission
· Massachusetts Bar Association
· Federal Bar Association {newline}- Massachusetts Chapter {newline}-- National Delegate to the Federal Bar Association Annual Meeting and Convention, 2008
· American Judicature Society, 2002-present
· Massachusetts Law Review {newline}- Member, Board of Editors, 2000-2003
· Massachusetts Lawyers Weekly Newspaper {newline}- Board of Editors, 1999-2002
· American Inns of Court {newline}- Co-President, Boston Inn of Court, 2000
· Boston Bar Association, 1983-2002
· Massachusetts Judges Conference, 1995-present (as retired member)
Experience
· Duane Morris LLP {newline}- Partner, 2005-present
· Commonwealth of Massachusetts {newline}- Governor's Chief Legal Counsel, 2002-2004
· Wrentham, Massachusetts District Court {newline}- Associate Justice, then Presiding Justice, 1995-2002 {newline}- Civil Managing Justice for Southeast Region, Cape and Islands, 1996-2002 {newline}- Associate Justice, Southern Appellate Division, 2000-2002
· Sherin and Lodgen {newline}- Associate, then Partner, 1983-1995
Honors and Awards
· Named to Lawdragon 500 Leading Litigators, 2006
· Selected as "Super Lawyer" by Boston Magazine in the area of Government, 2004
· Tufts University College of Citizenship and Public Service, selected as one of nine Tufts students and alumni nationally for "Wall of Fame" for public service and citizenship, 2004
· Selected as one of "Lawyers of the Year" by Massachusetts Lawyers Weekly, 2003
· Recognition from American Inns of Court for Distinguished Service as Co-President of Boston Inn of Court, 2000
· National Award for Invention of the Smart Calendar trial scheduling system, Foundation for Improvement of Justice, Atlanta, 1998
· Winner, Better Government Competition for "Justice Delayed: Improving the Administration of Civil Justice in the Massachusetts Superior and District Courts" paper, with foreword by Brookings Institute, Pioneer Institute for Public Policy Research, 1998
· Avvo Rating of 10.0
Selected Publications
· Author, "Charting a middle course on casinos," Boston Globe, August 23, 2007
· Contributing Author, "Civil Practice Jury Instructions (District Court Judges Edition)," Massachusetts Continuing Legal Education, Inc., June 2004 (principally Sections 1-3)
· Editor, Crime and Consequence: The Collateral Effects of Criminal Conduct, Massachusetts Continuing Legal Education, Inc., December 2001
· Editor, "Selected Cases and Statutes on No-Fault Insurance," paper delivered at District Court Williamstown Judicial Education Conference, June 22, 2000 and June 21, 2001
· Contributing Author, "District Court Civil & Criminal Jury Trials," Massachusetts Continuing Legal Education, Inc., 1999
· Author, "District Court Civil Practice," Massachusetts Continuing Legal Education, Inc., 1998
· Author, "How to Save Time and Money in the State District Courts: Standing Order 1-98 Civil Case Management," Massachusetts Continuing Legal Education, Inc., 1998
· Author, "Justice Delayed: Improving the Administration of Civil Justice in the Massachusetts District and Superior Courts," selected as winner of the annual Better Government Competition and published by the Pioneer Institute for Public Policy Research with foreword by Robert Litan, Director of Economic Studies, Brookings Institution, 1998. Paper was cited by the Monan Commission as part of the history of court reform in Massachusettes, 2003
· Author, "Prospects, Pitfalls and Procedures: A Practitioner's Guide to Civil Case Management in the District Court," article in Trials and Tribulations: New District Court Procedures, Suffolk University Law School Center for Advanced Legal Studies, April 1997
· Author, "Tips and Tactics for Trial of a Construction Site Personal Injury Case: A View from the Bench," article in Litigating Construction Site Injuries: Practical Advice for Plaintiffs and Defendants, Massachusetts Continuing Legal Education, Inc., January 1996
Selected Speaking Engagements
· "Economic Incentives: What Works and What's Legal?" Northeastern Economic Developers Association, October 28, 2005
· Moderator, "Corporate Citizenship: What Every In-House Counsel Should Know,"WestLegalEd and the Massachusetts Continuing Legal Education, June 2005.
· Panelist, "A Practical Guide to the Bankruptcy Law Amendments of 2005," Massachusetts Bar Association, June 2005.
Member: Massachusetts Bar Association; Federal Bar Association (National Delegate to the Federal Bar Association Annual Meeting and Convention, Massachusetts Chapter, 2008).
Practice Areas: Commercial Litigation; Insurance Litigation; Health Care Litigation; Environmental Law; Products Liability; Construction Law; Government Contracts; Surety Law; Real Estate Development; Energy; Arbitration; Alternative Dispute Resolution; Mediation; Information Technology; Insurance.Email: Daniel B. Winslow
Robert Zaffrann (Partner) born Milwaukee, Wisconsin, October 3, 1969; admitted to bar, 1997, Massachusetts; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts; Supreme Court of Massachusetts. Education: Boston College Law School (J.D., 1997).
Robert Zaffrann practices in the areas of health care and commercial and complex tort litigation. Mr. Zaffrann is a 1997 graduate of Boston College Law School and a graduate of the State University of New York at Albany.
Areas of Practice
· Commercial Litigation
· Complex Tort Litigation
Representative Matters
Healthcare Litigation
· Represented group of 80 hospitals in case before the Provider Reimbursement Review Board challenging the Centers for Medicare and Medicaid Services' calculation of the percentage of low income patients served and the hospitals' allowable DSH adjustment.
· Represented emergency room physicians in class action against health care insurer for underpayments based on state statute proscribing basis for reimbursement to non-participating physicians.
· Represented emergency room physicians group in arbitration of a contract dispute with a managed care discount network. Dispute involved the propriety of network's extension of provider group's agreed-upon discounts to third party administrator client.
· Represented physician group in contract dispute with healthcare insurer over interpretation of CPT codes for hydration and infusion services in a facility setting.
· Represented pathology groups in a number of class actions against healthcare insurers over disputes involving payment for clinical pathology services
· Represented company involved in establishing protocols for study of new drug under evaluation by FDA in medical malpractice action brought by study participant
Commercial Litigation
· Represented benefactor in a high-profile case involving dispute with other family members for control over various family trusts. Case included claims of breach of fiduciary responsibility, as well as associated claims for intentional infliction of emotional distress and other tort claims.
· Handled case involving dispute among siblings over alleged management "freeze out" in close corporation engaged in carpet and tile distribution and sale.
· Handled appeal of case involving dispute between automotive parts maker and distributor over purchase price adjustments for parts returns and defective parts, warranty claims, re-shipping allowances and other terms. Obtained significant reduction of jury verdict against client on appeal.
· Represented a Taiwan-based holding company in a dispute with a professional services provider over issues involving contracts, benefits, and professional malpractice
· Represented freight carrier in contract dispute with a clothing retailer over freight charges. Texas Freightways, Inc. v. Marshalls of MA, Inc.
· Handled suit by trustee in bankruptcy for a wood manufacturing company suing its former landlord for wrongful eviction. Case involved allegations related to asbestos, environmental damage, insurance coverage for water damages and failure to pay claims. In re: Crickshank, Trustee in Bankruptcy for Northeast Store Fixtures, Inc.
Appellate
· Represented patient in medical malpractice case against a private hospital management company that went to state supreme court and established new law on the standard for vicarious liability for the patient care decisions of a healthcare provider. Hohenleitner v. Quorum Health Resources, Inc.
Professional Activities
· Massachusetts Bar Association
· Boston Bar Association
· The Association of Trial Lawyers of America
· Massachusetts Academy of Trial Attorneys
Experience
· Duane Morris LLP {newline}- Partner, 2007-present {newline}- Associate, 2003-2006
· Schneider Reilly LLP, Boston, Massachusetts {newline}- Associate, 1997-2003
Member: Boston Bar Association; Massachusetts Bar Association; The Association of Trial Lawyers of America; Massachusetts Academy of Trial Attorneys.
Languages: French. Practice Areas: Commercial Litigation; Complex Tort Litigation.Email: Robert Zaffrann
RESIDENT ASSOCIATES
Alissa M. Christie (Associate) admitted to bar, 2004, New Jersey; 2005, New York; U.S. District Court for the Southern and Eastern Districts of New York; U.S. District Court for the District of New Jersey. (Not admitted in Massachusetts). Education: Union College (B.A., summa cum laude, 2000) Phi Beta Kappa; Seton Hall University School of Law (J.D., cum laude, 2004).
Alissa M. Christie practices in the area of litigation, with a concentration in insurance coverage and complex commercial disputes. Ms. Christie has experience representing clients before state, federal and appellate courts.
Throughout the course of her career, Ms. Christie has litigated commercial matters involving insurance coverage, contractual disputes, admiralty and maritime law, employment law, employee benefits and RICO claims. Ms. Christie is also active in pro bono cases involving family law matters and veteran matters sponsored by the National Veterans Legal Services Program.
Ms. Christie served as judicial clerk to the Honorable Elijah L. Miller, Jr. of the Superior Court of New Jersey. Admitted to practice in New Jersey and New York, Ms. Christie is a 2004 cum laude graduate of Seton Hall University School of Law and a graduate of Union College (B.A., summa cum laude, Economics and East Asian Studies), where she was elected to Phi Beta Kappa. Prior to going to law school, Ms. Christie studied abroad in Japan and has a basic understanding of Japanese.
Areas of Practice
· Commercial Litigation
· Insurance Coverage
Representative Matters
· Representing international companies in contract and complex commercial disputes.
· Representing insurance companies in insurance coverage disputes.
· Providing advice to insurance companies relating to various coverage issues.
· Representing insurance company in $ 5 million claim for refund of costs expended to clean up major oil spill. Great American Insurance Company of New York v. Egan Marine et al., 05-cv-5295 (NDIL)
· Successfully obtained ruling dismissing action against non-vessel operating common carrier based on improper venue. Indemnity Insurance Company of North America v. Horizon Intermodal Express et al., 06-cv-2956 (SDNY).
Experience
· Duane Morris LLP {newline}- Associate, 2006-present
· Carroll, McNulty & Kull, LLC {newline}- Associate, 2005-2006
· Superior Court of New Jersey {newline}- Judicial Clerk, Honorable Elijah L. Miller, 2004
· Seyfarth Shaw {newline}- Paralegal, 2000-2001
Honors and Awards
· Advanced Legal Writing Award: Best Paper by a Graduating Student
· Best Appellate Brief, Seton Hall University School of Law
Selected Publications
· Co-Author, "New York's Highest Court Permits Consequential Damages for Breach of Commercial Property Insurance Policy Despite Policy Exclusion for Consequential Loss," Duane Morris Alert, March 5, 2008
Selected Speaking Engagements
· Panelist, "Insurance Practice Group Panel," Duane Morris LLP 2008 Annual Meeting
Languages: Japanese. Practice Areas: Commercial Litigation; Insurance Coverage; Insurance Defense.Email: Alissa M. Christie
Katherine Young Fergus (Associate) born Bangor, Maine, March 3, 1972; admitted to bar, 1997, Maine and Massachusetts; United States District Court for the District of Massachusetts. Education: Suffolk University Law School (J.D., 1997).
Katherine Young Fergus practices in the area of general civil litigation, including commercial, business, healthcare, insurance, intellectual property and litigation involving real estate. Admitted to practice in Massachusetts and Maine, she has litigated multimillion-dollar business disputes, tort cases and healthcare matters, including class actions. Ms. Fergus has represented a diverse range of clients in a wide variety of matters in the state and federal courts. Since 2005, Ms. Fergus has been selected by her peers as a Massachusetts Rising Star in business litigation, a distinction reserved for those deemed to be among the top up-and-coming lawyers 40 years old and younger in Massachusetts.
Ms. Fergus has assisted clients in avoiding protracted litigation and trial. In a recent matter, she petitioned the trial court to permit the filing of a motion for summary judgment based on lack of affirmative evidence of negligence on the part of her client, a commercial shopping center and owner. The trial court granted her subsequent motion for summary judgment, which she defended on appeal in front of the Massachusetts Appeals Court. This resulted in final judgment of dismissal of all counts of the plaintiff's complaint in an action involving a plaintiff with significant personal injuries and medical expenses of over $1.4 million.
Ms. Fergus has also tried cases to final verdict. In 2007, she obtained a jury verdict for an individual with a difficult quantum meruit claim that resulted in a significant damages award for lost wages over a twenty-year period. Notwithstanding the absence of any writing to support the existence of an agreement for the payment of wages, Ms. Fergus persuaded a jury of twelve that her client was entitled to payment for her efforts on behalf of the defendants.
Ms. Fergus is a member of the Woman Advocate Committee of the American Bar Association, where she serves as the chair of the Balancing Work and Home Subcommittee. She is also a Pacesetter for the American Cancer Society's Making Strides Against Breast Cancer Walk, an honor she received for her fundraising efforts on behalf of that organization in connection with her role as captain of Team NSF.
Ms. Fergus is a 1997 magna cum laude graduate of Suffolk University Law School and a 1994 graduate of Bowdoin College.
Areas of Practice
· General Civil Litigation {newline}- commercial {newline}- business {newline}- healthcare {newline}- intellectual property {newline}- real estate litigation {newline}- domestic relations
Representative Matters
· Represented individuals in various domestic relations matters throughout the Commonwealth of Massachusetts.
· Tried breach of contract matter for individual in Middlesex County Superior Court in 2007, resulting in a jury verdict in favor of the plaintiff and an award of damages.
· Tried a commercial summary process matter that resulted in the extension of an expired lease for a period of several months which gave the tenant client time to locate suitable alternate commercial space for his business.
· Obtained summary judgment for defendant commercial real estate development company in a negligence case involving a plaintiff with significant personal injuries and medical expenses of over $1.4 million.
· Won appeal in front of the Massachusetts Appeals Court that affirmed the granting of summary judgment for a commercial shopping center owner and developer.
· Obtained dismissal of counterclaims and confirmation of arbitration award in favor of financial services entity in the Suffolk County Superior Court.
· Obtained summary judgment in a commercial insurance coverage case in Penobscot County Superior Court in Bangor, Maine.
· Represented construction company to favorable resolution of claims against general contractor and various property owners for failure to pay amounts due for work, including obtaining mechanic's liens on the properties at issue.
· Represented an easement holder in Suffolk County Land Court in connection with litigation over the continued existence and scope of the easement to a resolution the client found favorable.
· Represented a promotional products and travel company to a resolution the client found favorable in a matter involving a former consultant claiming hundreds of thousands of dollars in damages for breach of contract.
Professional Activities
· American Bar Association {newline}- Litigation Section {newline}-- Woman Advocate Committee {newline}--- Chair, Balancing Work and Home Subcommittee, 2006-2008
· Massachusetts Bar Association
· Boston Bar Association
· National Association of Women Lawyers
· Women's Bar Association of Massachusetts
Experience
· Duane Morris LLP {newline}- Associate, 2000-present
· Willcox, Pirozzolo & McCarthy, P.C., Boston, Massachusetts {newline}- Associate, 1997-1999
Civic and Charitable Activities
· Captain, Team NSF, Making Strides Against Breast Cancer, American Cancer Society's Walk for the Cure, 1998-2002
· Board of Directors, Harborview Children's Center
Honors and Awards
· Massachusetts Rising Star, 2005-2008
· Pacesetter, Making Strides Against Breast Cancer, American Cancer Society's Walk for the Cure
Selected Publications
· Co-author, "Writing Your Professional Biography," The Woman Advocate, Fall 2008
· Co-author, "Developing Emotional Intelligence to Avoid Traps in a Litigation Practice," The Woman Advocate, Summer 2008
· Author, "Blackberry Balance," The Woman Advocate, Summer 2008
· Author, "The Supreme Judicial Court of Massachusetts Gives Unmarried Couples Standing to Petition to Adopt Children, But Is This Really An Endorsement of Non-Traditional Families?" Suffolk Journal of Trial and Appellate Advocacy, Vol. II, 1997
Member: Boston Bar Association; Massachusetts Bar Association; American Bar Association (Chair, Balancing Work and Home Subcommittee, Woman Advocate Committee, Litigation Section, 2006-2008); National Association of Women Lawyers; Women's Bar Association of Massachusetts.
Practice Areas: Civil Litigation; Commercial Litigation; Business Litigation; Health Care Litigation; Intellectual Property Litigation; Real Estate Litigation.Email: Katherine Young Fergus
Dustin K. Hawks (Associate) born 1977; admitted to bar, 2008, Massachusetts and New Hampshire. Education: University of Rochester (B.A., with honors and distinction, 2002); Carnegie Mellon University (M.B.A., 2008); University of Pittsburgh School of Law (J.D., 2008) Executive Editor, Journal of Law and Commerce.
Dustin K. Hawks practices in the area of corporate law. Mr. Hawks is a 2008 graduate of the University of Pittsburgh School of Law, where he was executive editor of the Journal of Law and Commerce, and a graduate of Carnegie Mellon University (M.B.A.) and the University of Rochester (B.A., with honors and distinction).
Areas of Practice
· Corporate
· Estate Planning
Professional Activities
· American Bar Association
· Massachusetts Bar Association
· Boston Bar Association
· New Hampshire Bar Association
Experience
· Duane Morris LLP {newline}- Associate, 2008-present
Selected Publications
· Author, "Federal Reserve and Treasury Announce Term Asset-Backed Securities Loan Facility," Duane Morris Alert, December 15, 2008
· Author, "Long-Term Capital Gain: The Regulatory Landscape for Hedge Funds after Goldstein," Journal of Law and Commerce, forthcoming in 2009
· Author, "Highlights of the Emergency Economic Stabilization Act," Duane Morris Alert, October 6, 2008
· Author, "SEC Adopts Final Rules Mandating the Electronic Filing and Revision of Form D," Duane Morris Alert, September 26, 2008
Member: Boston Bar Association; Massachusetts Bar Association; New Hampshire Bar Association; American Bar Association.
Practice Areas: Estate Planning.Email: Dustin K. Hawks
Christopher S. Kroon (Associate) born November 16, 1977; admitted to bar, 2004, Massachusetts; U.S. District Court for the District of Massachusetts; U.S. Court of Appeals for the First Circuit; U.S. Patent and Trademark Office. Education: University of New Hampshire (B.S., summa cum laude, 1999); Franklin Pierce Law Center (J.D., magna cum laude, 2004) Editor, Franklin Pierce Law Review.
Christopher S. Kroon practices in the area of intellectual property litigation and has experience in patent and trademark prosecution. Mr. Kroon's litigation experience includes technologies ranging from orthopedic implants and recombinant proteins to fluorescent lighting, epidermal scanners and PVC piping. He is registered to practice before the U.S. Patent and Trademark Office and has prosecuted patent and trademark applications relating to medical devices, including stents, catheters and other transvascular devices, as well as recombinant proteins and hormone detection kits. Prior to entering law school, Mr. Kroon worked as a research scientist in the vascular surgery department at Boston Medical Center.
In addition to litigation and prosecution matters, Mr. Kroon also handles a wide range of transactional matters relating to intellectual property including infringement and validity opinions, patent licenses, confidentiality agreements and due diligence.
Admitted to practice in Massachusetts, he is a member of the Massachusetts and Boston Bar Associations, the American Bar Association and the American Intellectual Property Law Association. Mr. Kroon is a 2004 magna cum laude graduate of the Franklin Pierce Law Center, where he was an editor of the Franklin Pierce Law Review, and a summa cum laude graduate of the University of New Hampshire. Mr. Kroon also studied at Tsinghua University in Beijing, China.
Areas of Practice
· Intellectual Property and Litigation
Representative Matters
· Wyeth v. Apotex Inc., and Apotex Corp., Case No. 08-022308 (S.D. FL). Patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's anti-depressant product EFFEXOR® XR, the active ingredient of which is venlafaxine hydrochloride.
· Currently part of a team of lawyers representing a Fortune 100 pharmaceutical company in a multibillion-dollar patent and antitrust litigation arising out of technology relating to the pharmaceutical application of recombinant proteins.
· Part of a defense team for one of the largest manufacturers and distributors of lighting products in the United States. Representation involves several matters dealing with both design and utility patents concerning fluorescent and halogen light bulbs.
· Helped obtain a very favorable claim interpretation with respect to a patent asserted in one of client's key technology fields.
· Successfully opposed summary judgment on behalf of a small independent inventor against a Fortune 200 pharmaceutical company in a landmark decision relating to correction of patent inventorship.
Professional Activities
· American Bar Association
· Massachusetts State Bar Association
· Boston Bar Association
· American Intellectual Property Bar Association
Experience
· Duane Morris LLP {newline}- Associate, 2005-present
· Testa, Hurwitz & Thibeault LLP {newline}- Associate, 2004-2005 {newline}- Summer Associate, 2003
· Boston Medical Center {newline}- Scientist, Vascular Surgery Department, 1999-2001
· University of New Hampshire {newline}- Cancer Research Assistant, 1998-1999
Selected Publications
· "New Terrain," a legal analysis of the impact of the Supreme Court's decision in eBay Inc., et al. v. MercExchange LLC, 8-K Magazine, Fall 2006
· "Trade Secrets: A Concealed Weapon?" Spirit Airline's Skylights Magazine, January/February 2007
Member: Boston Bar Association; Massachusetts Bar Association; American Bar Association; American Intellectual Property Bar Association.
Practice Areas: Trial; Intellectual Property; Pharmaceutical; Biotechnology.Email: Christopher S. Kroon
Ben Kuruvilla (Associate) born 1978; admitted to bar, 2003, Massachusetts; 2009, New York; U.S. Court of Appeals for the First Circuit; U.S. District Court for the District of Massachusetts. Education: Boston College (B.A., cum laude, 2000); George Washington University Law School (J.D., 2003).
Ben Kuruvilla practices in the area of litigation, with a focus on general commercial and corporate litigation and white collar criminal matters. Mr. Kuruvilla has litigated matters involving non-compete and trade-secret agreements, criminal violations arising from environmental laws, state and federal false claims laws and construction-related defects, real estate transactions, manufacturer/distributor disputes and general breach of contract and negligence actions. He also has experience conducting internal corporate investigations in response to government enforcement actions and criminal investigations. Mr. Kuruvilla has courtroom experience including obtaining attachment orders, restraining orders and other relief, and has also represented clients and appeared before administrative bodies including local town zoning boards of appeal. In addition, Mr. Kuruvilla has experience resolving disputes through arbitration and mediation and has negotiated settlements of disputes in various cases.
Mr. Kuruvilla is a 2003 graduate of The George Washington University Law School and a cum laude graduate of Boston College.
Areas of Practice
· Commercial Litigation
· White Collar Criminal Law
Representative Matters
· Served as lead counsel and first-chaired arbitration trial representing real estate construction company against claims of breach of contract, negligent construction, misrepresentation and violation of Massachusetts consumer protection statutes.
· Represent clients seeking and defending against temporary restraining orders, preliminary injunctions or permanent injunctions involving non-compete agreements or other restrictive covenants in the areas of employment law and manufacturer/supplier distribution cases.
· Represented clients appearing before grand jury inquiries arising from alleged construction defects and violations of environmental regulations in actions brought by the USDOJ-EPA, Mass. AG's Office and USAO for Massachusetts, including conducting internal investigations into the allegations.
· Obtained restraining orders and financial account attachment orders in advance of trial or arbitration in construction defect and breach of contract cases.
Professional Activities
· Boston Bar Association {newline}- Commercial Litigation Section
· American Bar Association
· Massachusetts Bar Association
Experience
· Duane Morris LLP {newline}- Associate, 2006-present
· Sullivan & Worcester, LLP {newline}- Associate, 2003-2006
Civic and Charitable Activities
· Big Brothers/Big Sisters of Massachusetts Bay, Big Brother Volunteer, 2008-present
· Citizen Schools Program, Writing Instructor, 2003-2006
· Massachusetts Historical Society, Member
Selected Publications
· Author, "Pardons & Commutations," Chapter 19 of Massachusetts Continuing Legal Education textbook Crime and Consequence: The Collateral Effects of Criminal Conduct, Summer 2009 Edition
· Co-Author, "Misconduct and Conflicts in Parallel Investigations", Client Advisory regarding parallel criminal and civil investigations by the Securities and Exchange Commission and the United States Attorneys' Office, April 2006
Member: Boston Bar Association (Commercial Litigation Section); Massachusetts Bar Association; American Bar Association.
Practice Areas: Litigation; White Collar Crime.Email: Ben Kuruvilla
Darlene D. Moreau (Associate) born 1975; admitted to bar, 2001, Massachusetts; U.S. Court of Appeals for the First Circuit; U.S. District Court for the District of Massachusetts. Education: Boston College (B.A., cum laude, 1997); Suffolk University Law School (J.D., cum laude, 2000).
Darlene D. Moreau practices in the area of litigation. Ms. Moreau has represented individual and corporate clients in a wide range of disputes, including complex commercial, civil and criminal litigation. Ms. Moreau has participated in cases involving litigation areas such as securities, white-collar, intellectual property, reinsurance and general commercial disputes.
Ms. Moreau is a 2000 cum laude graduate of Suffolk University Law School and a cum laude graduate of Boston College.
Representative Matters
· Acted as co-lead counsel in Massachusetts Superior Court trial for plaintiff in pro bono litigation against state entity alleging violations of the Americans With Disabilities Act and the Eighth Amendment.
· Represented general partner before arbitration panel in a dispute with limited partner concerning breach of partnership agreement.
· Defended individual directors and officers of medical supply company in securities class action suit.
· Represented medical device company during a federal criminal investigation involving theft of trade secrets.
· Represented major insurance company before arbitration panel concerning various reinsurance disputes.
· Assisted in defense of national cable company in patent infringement suit.
Professional Activities
· Boston Bar Association
· American Bar Association
· Federal Bar Association
· Massachusetts Bar Association
· Women's Bar Association
Experience
· Duane Morris LLP {newline}- Associate, 2005-present
· Testa, Hurwitz & Thibeault LLP {newline}- Associate, 2000-2005
Selected Publications
· Co-author, Still Refusing to Surrender: Strategies for Combating Class Certification in Securities Fraud Class Actions, SG091 ALI-ABA 805, 807 (2002).
· Co-author, "Doctrine of Inevitable Disclosure: How Courts Impose Non-Compete Requirements," The Journal of Biolaw & Business, Vol. 5, No. 2 (2002).
· "NDAs - What Does It Mean To 'Return or Destroy'?", Intellectual Property Observer, Summer 2002
· Co-author, Defending Cybercrime Cases - Selected Statutes and Defenses in Cybercrime: The Investigation, Prosecution and Defense of a Computer-Related Crime, edited by Ralph Clifford, Carolina Academic Press, c2001.
Member: Boston Bar Association; Massachusetts Bar Association; American Bar Association; Federal Bar Association; Women's Bar Association.
Practice Areas: Commercial Litigation; Intellectual Property Litigation; Class Action Litigation; Information Technologies and Telecommunications; Alternative Dispute Resolution; Insurance Litigation.Email: Darlene D. Moreau
Laura A. Vogel (Associate) born Hillsboro, New Hampshire, 1975; admitted to bar, 2002, Massachusetts; 2003, New York; 2004, District of Columbia; U.S. Court of Appeals for the Federal Circuit; U.S. Patent and Trademark Office. Education: University of New Hampshire (B.S., Animal Science, Pre-Veterinary Medicine, cum laude, 1997); Tulane Law School (J.D., 2002).
Laura A. Vogel practices in the area of intellectual property law with an emphasis on litigating complex patent matters. Ms. Vogel is a registered patent attorney representing high-tech and generic pharmaceutical companies (ANDA) in both opinion and litigation matters. Ms Vogel's practice also includes counseling clients on intellectual property strategy; preparing validity, infringement, freedom-to-operate, and patentability opinions; carrying out due diligence investigations and evaluating patent portfolios. Ms. Vogel has significant experience in representing clients in interferences before the United States Board of Patent Appeals and Interferences, as well as in the preparation and prosecution of U.S. and foreign patent applications in the areas of biotechnology, food sciences and molecular and cellular biology, recombinant DNA technology, therapeutic proteins, diagnostic assays, gene therapy, vaccines and tissue sealant technology.
Admitted to practice in Massachusetts, New York and the District of Columbia and before the U.S. Patent and Trademark Office, Ms. Vogel is a 2002 graduate of Tulane Law School, where she was senior business editor of Tulane Journal of Technology and Intellectual Property, and a cum laude graduate of the University of New Hampshire (University Honors; Honors in Major). Her Honors Thesis was entitled "The Effects of Tissue Inhibitors of Metalloproteinases on Progesterone Production in the Bovine Corpus Luteum."
Areas of Practice
· Intellectual Property
· Patents
· Trial
Representative Matters
· Medicis Pharmaceutical Corp. v. Sandoz Inc., et al., Case No. 09-033 (JJF) (D Del.). Patent infringement action regarding Sandoz's ANDA to make a generic version of Medicis's acne product Solodyn®, the active ingredient of which is minocycline hydrochloride.
· Sepracor Inc. v. Teva Pharmaceuticals USA, Inc., et al., Case No. 09-CV-1302 (DMC)(D NJ). Patent infringement action regarding Wockhardt USA LLC's ANDA to make a generic version of Sepracor's insomnia product Lunesta®, the active ingredient of which is eszopiclone.
· Sanofi-Aventis US LLC v. Barr Laboratories Inc., Case No. 06-CV-286 (D Del). Patent infringement action regarding Barr Laboratories' ANDA to make a generic version of sanofi's nasal allergy product Nasacort® AQ, the active ingredient of which is triamcinolone.
· Endo Pharmaceuticals Inc. et al. v. Sandoz, Inc., Case Nos. 08-534 and 08-970 (KSH) (D Del.). Patent infringement action regarding Sandoz's ANDA to make a generic version of Endo's pain product Opana® ER, the active ingredient of which is oxymorphone hydrochloride.
· Procter & Gamble Company and Hoffman-La Roche Inc. v. Apotex Inc. and Apotex Corp., Case No. 09-0143 (JJF) (D. Del.) Patent infringement action regarding Apotex's ANDA to make a generic version of Procter's osteoporosis product ACTONEL®, the active ingredient of which is risedronate.
· Wyeth v. Apotex Inc., and Apotex Corp., Case No. 08-022308 (S.D. FL). Patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's anti-depressant product EFFEXOR® XR, the active ingredient of which is venlafaxine hydrochloride.
· Aventis Pharma S.A. and Sanofi-Aventis U.S., LLC v. Apotex Inc. and Apotex Corp., Case No. 08-496 (GMS) (D. Del). Patent infringement action regarding Apotex's ANDA to make a generic version of Sanofi-aventis anti-cancer product Taxotere®, the active ingredient of which is docetaxel.
Professional Activities
· Massachusetts Bar Association
· Boston Patent Law Association
· Women in BIO
Experience
· Duane Morris LLP {newline}- Associate, 2008-present
· Sterne, Kessler, Goldstein & Fox, P.L.L.C. {newline}- Associate, 2002-2008
Selected Speaking Engagements
· Speaker, "Patent Reform Act of 2007 Or 2008?? Or 2009??" Georgetown University Law Center, Student Intellectual Property Law Association, February 2008
Practice Areas: Intellectual Property; Patents; Trial.Email: Laura A. Vogel
Kara M. Zaleskas (Associate) born 1972; admitted to bar, 2002, Massachusetts; 2002, U.S. District Court for the District of Massachusetts; 2004, U.S. Court of Appeals for the First Circuit. Education: Harvard University (A.B., 1994) Harvard National Scholar; University of Massachusetts (M.B.A., 1996) Denis Petitclerc Award for Academic Excellence, School of Management; Boston College Law School (J.D., magna cum lade, 2001) Writer and Supervising Editor, Uniform Commercial Code Reporter-Digest; Order of the Coif.
Kara M. Zaleskas practices in the area of business reorganization and financial restructuring law. Ms. Zaleskas has counseled and represented fiduciaries and creditors in bankruptcy and commercial litigation proceedings.
A member of the Boston Bar Association and the American Bankruptcy Institute, Ms. Zaleskas is a 2001 magna cum laude graduate of Boston College Law School, where she served as a supervising editor and writer on The Uniform Commercial Code Reporter-Digest and was elected to the Order of the Coif, and a graduate of the University of Massachusetts (M.B.A.) and Harvard University (A.B.).
Areas of Practice
· Bankruptcy
· Commercial Litigation
Representative Matters
· Represented insurance company in breach of contract action against surety bond. Managed all aspects of discovery, including propounding and responding to discovery requests, and reviewing and highlighting documents produced pursuant thereto. Drafted summary judgment pleadings and briefs, and assisted in researching and drafting appellate briefs and preparing oral arguments. Liberty Mutual Insurance Company v. Greenwich Insurance Company, 286 F. Supp. 2d 73 (D. Mass. 2003), aff'd 417 F.3d 193 (1st Cir. 2005).
· Managed defense of substantial preference action against Fortune 500 insurer in In re American Tissue Inc., Bankruptcy Case No. 01-10370, Adv. Pro. No. 02-5833 (Bankr. D. Del.). Counseled client on strategic options and drafted summary judgment pleadings which ultimately resulted in very favorable settlement of action: client retained over $1.2 million of the alleged preferential transfers, which was approximately 94% of client's alleged liability, and was granted a Chapter 11 administrative priority claim of over $400,000.
· Represented contested licensee of debtor's intellectual property. Performed fact and legal research on status of licenses and rights of licensee under Bankruptcy Code Section 365(n), and drafted numerous pleadings relating to same. Assisted in preparing stalking horse bid for substantially all of licensor's assets in bankruptcy sale. Successfully argued to prohibit licensor's principals from seeking relief from bid procedures order to submit late bid for licensor's assets. Supervised closing of sale of debtor's assets, including intellectual property, to licensee.
· Managed defense of preference action against trade creditor in In re Fansteel, Inc., Bankruptcy Case No. 02-10109 (JJF), Adv. Pro. No. 04-51099 (Bankr. D. Del.). Appeared at mediation conferences and executed discovery requests and responses. Drafted summary judgment pleadings which ultimately resulted in extremely favorable settlement of action: client repaid $10,000 to debtor in exchange for dismissal of action seeking recovery of over $500,000.
· Represented insurer in asbestos bankruptcy cases, In re The Babcock & Wilcox Company, et al., Bankruptcy Case No. 00-10992 (Bankr. E.D. La.) and In re Kaiser Aluminum Corp., et al., Bankruptcy Case No. 02-10429 (Bankr. D. Del.). Monitored bankruptcy dockets, reviewed pleadings, and provided client with strategic recommendations. Drafted briefs objecting to confirmation and appeared on behalf of client at confirmation hearings. Drafted opening and reply briefs appealing confirmation order. Conducted due diligence and oversaw closing activities relating to settlements.
· Represented Official Committee of Unsecured Creditors and Liquidating CEO in In re ACT Manufacturing, Inc., Bankruptcy Case No. 01-47641 (Bankr. D. Mass.). Investigated causes of action relating to claims against secured lenders and directors and officers. Managed all aspects of prosecution of numerous preference actions filed on behalf of Liquidating CEO. Drafted summary judgment and trial briefs. Delivered oral arguments before Bankruptcy Court and obtained rulings favorable to client on motions for and in opposition to summary judgment.
· Represented Fortune 500 software company in bankruptcy cases. Drafted and argued objections relating to proposed assignments of licenses and proprietary information in connection with debtors' proposed sales of assets. Defended company in preference cases.
Professional Activities
· Boston Bar Association {newline}- Bankruptcy Law Section
· American Bankruptcy Institute
Experience
· Duane Morris LLP {newline}- Associate, 2007-present
· Choate, Hall & Stewart LLP {newline}- Associate, 2001-2006
Member: Boston Bar Association (Bankruptcy Law Section).
Practice Areas: Corporate Law; Finance; Bankruptcy.Email: Kara M. Zaleskas
RESIDENT OF COUNSEL
D. Dennis Allegretti (Of Counsel) born Chicago, Illinois, August 25, 1928; admitted to bar, 1952, District of Columbia; 1953, Illinois; 1985, Massachusetts; Supreme Court of the United States; United States Court of Customs and Patent Appeals; United States Court of Appeals for the Federal Circuit; United States Court of Appeals for the First, Third, Fourth, Fifth, Seventh and Eighth Circuits; United States District Court for the Eastern District of Wisconsin; United States Court of Claims; United States Court of Appeals for the District of Columbia Circuit; United States District Court for the District of Massachusetts; United States District Court for the District of Columbia; United States District Court for the Northern District of Illinois; United States District Court for the Southern District of Indiana; United States District Court for the Eastern District of Michigan; Supreme Court of Massachusetts; Supreme Court of Illinois; U.S. Patent and Trademark Office. Education: Georgetown University Law Center (J.D., 1952).
D. Dennis Allegretti focuses his practice on intellectual property law and patent litigation.
Admitted to practice in Massachusetts, the District of Columbia, Illinois and before the United States Patent and Trademark Office, he is a fellow of the American College of Trial Lawyers and a member of the American, Massachusetts, Boston, and District of Columbia bar associations. Mr. Allegretti has served as author and speaker on numerous matters relating to intellectual property law and patent litigation.
He is a 1952 graduate of Georgetown University Law Center and a graduate of Massachusetts Institute of Technology (B.S. Chemical Engineering, 1948; B.S., General Engineering, 1949).
Representative Matters
· Amgen Inc. v. Hoechst Marion Roussel, Inc. and Transkaryotic Therapies, Inc., 314 F.3d 1313 (Fed. Cir. 2003).
· Amgen Inc. v. Genetics Institute, Inc., 98 F.3d 1328 (Fed. Cir. 1996).
· Amgen Inc. v. Chugai Pharmaceutical Co., 13 U.S.P.Q. 2d 1737 (D. Mass. 1989), 927 F.2d 1200 (Fed. Cir. 1991).
· Amgen Inc. v. United States International Trade Commission, 902 F.2d 1532 (Fed. Cir. 1990).
· The Dow Chemical Company v. American Cyanamid Company, 816 F.2d 617 (Fed. Cir. 1987).
· The Standard Oil Company v. American Cyanamid Company, 774 F.2d 448 (Fed. Cir. 1985).
· Cooper v. Goldfarb [Wil, Gote & Associates v. C.R.Bard, Inc.], 154 F. 3d 1321 (Fed. Cir. 1998), and 00-1046 (Fed. Cir. 2001).
· J.P. Stevens & Co., Inc. and Burlington Industries, Inc. et al v. Lex Tex Ltd., Inc., 747 F.2d 1553 (Fed. Cir. 1984).
· Chicago Metallic Mfg. Co., Inc. v. The Ekco Products Co., Inc. [American Home Products Corp.], 321 F.2d 550 (7th Cir. 1963).
· Eli Lilly and Company v. Premo Pharmaceutical Laboratories, Inc., 843 F.2d 1378 (Fed. Cir. 1988) (and underlying district court trial).
· Eli Lilly and Company, v. Premo Pharmaceutical Laboratories, Inc., 630 F.2d 120 (3rd Cir. 1980) (and underlying district court trial).
· Parker v. Flook [Atlantic Richfield Company], 427 U.S. 584 (1978).
· Kearns v. Ford Motor Company, 726 F. Supp. 159 (E.D. Mich. 1989).
· Mattson v. Ford Motor Company, 539 F. Supp. 792 (D. Minn. 1982).
· Genentech, Inc. v. The United States International Trade Commission, 122 F.3d 1409 (Fed. Cir. 1997).
· Genentech, Inc. v. The Wellcome Foundation Ltd., 14 U.S.P.Q.2d 1363 (D. Del. 1990) 29 F.3d 1555 (Fed. Cir. 1994).
· Gross v. General Motors Corporation, 521 F.2d 45 (1st Cir. 1975).
· Kearns v. General Motors Corporation, 31 F.3d 1178 (Fed. Cir. 1994), and 152 F.3d 945 (Fed. Cir. 1998) (Table, Text in Westlaw, 1998 Wl 129901).
· Honeywell, Inc. v. Sperry Rand Corporation, 54 F.R.D. 593 (D. Minn. 1971)
· Nobelpharma AB v. Implant Innovations, Inc., 141 F.3d 1059 (Fed. Cir. 1998).
· Koehring Co. v. National Automatic Tool Co., 362 F.2d 100 (7th Cir. 1996).
· Koehring Co. v. National Automatic Tool Co., 385 F.2d 414 (7th Cir. 1967).
· Shelco, Inc. v. Boyle-Midway, Inc. and American Home Products Corp., 466 F. 2d 613 (7th Cir. 1972)
· Stiffel Co. v. Sears, Roebuck Co., 313 F.2d 115 (7th Cir. 1962).
· Sears, Roebuck Co. v. Stiffel Co., 313 F.2d 115 (7th Cir. 1963).
· Sears, Roebuck Co. v. Stiffel Co., 376 U.S. 225 (1964).
· Universal Incorporated v. Kay Manufacturing Corporation, 195 F. Supp. 241 (M.D.N.C. 1961).
Professional Activities
· American Bar Association
· Has served as author and speaker on numerous matters relating to intellectual property law and patent litigation.
· Boston Bar Association
· American College of Trial Lawyers {newline}- Fellow, 1972
Experience
· Duane Morris LLP {newline}- Of Counsel
· Burns & Levinson LLP, Boston, Massachusetts {newline}- Of Counsel {newline}- Partner
· Banner & Allegretti, Boston, Massachusetts {newline}- Partner
· Allegretti & Witcoff, Boston, Massachusetts {newline}- Partner
· United States Army {newline}- Office Chief of Ordinance, First Lieutenant, 1951-1953
Honors and Awards
· Listed in The Best Lawyers in America {newline}- 2005-2006 {newline}- 2001-2002
Member: Boston Bar Association; American Bar Association.
Practice Areas: Intellectual Property Law; Patent Litigation.Email: D. Dennis Allegretti
Richard J. Snyder (Of Counsel) born Boston, Massachusetts, June 18, 1939; admitted to bar, 1963, Massachusetts; 1988, Vermont; Supreme Court of Vermont; United States Tax Court; Supreme Judicial Court of Massachusetts; United States Court of Claims; Supreme Court of the United States; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts; Supreme Court of Massachusetts. Education: Boston University School of Law (J.D., cum laude, 1963); Georgetown University Law Center (LL.M., 1966).
Richard J. Snyder practices in the areas of business law, lending, real estate and international law. He serves as legal counsel and advisor to business entities, including for-profit and nonprofit institutions and domestic and foreign corporations. Much of his practice involves developing business and legal initiatives and supervising large and complex transactions in which large legal teams represent each party.
Mr. Snyder represents high net worth individuals, including their foundations and family offices. Consequently, he is experienced in the construction and/or purchase of aircraft, large yachts and residential complexes worldwide as well as the transfer of assets and business activities between multinational jurisdictions.
Mr. Snyder served as a White House summer intern and was a trial lawyer with the Department of Justice before entering private practice in 1966. He continues to be active in civic and charitable endeavors, serving in state and municipal positions as well as chairing college and civic boards and committees.
A member of the American, Massachusetts, Vermont and Boston bar associations, he is listed in Who's Who in the East (First Listed 1986), Who's Who in America (First Listed 1986), Who's Who in the World (First Listed 1987), Who's Who in American Law (First Listed 3rd Edition) and Who's Who in Finance and Industry (First Listed 1989). In 2004, he was first listed as a Massachusetts Super Lawyer.
Mr. Snyder is admitted to practice in Massachusetts and Vermont. He is a 1966 graduate of Georgetown University (LL.M.) a 1963 honors graduate of Boston University School of Law and an honors graduate of Babson College where he majored in accounting.
Areas of Practice
· Real Estate Law
· Business Law
· International Law
· Lending
Professional Activities
· American Bar Association {newline}- Section of Real Property, Probate and Trust {newline}-- Committee on Commercial Leasing
· Massachusetts Bar Association {newline}- Property Law Section {newline}-- Committee on Landlord and Tenant
· Massachusetts Bar Foundation {newline}- Fellow {newline}- Member, Grant Advisory Committee, IOLTA Grants Program
· Vermont Bar Association
· Boston Bar Association {newline}- Real Estate Practice Committee
· National Association of College and University Attorneys
· American Business Law Association {newline}- Chairman, Real Property Committee, 1967-1977
· North Atlantic Regional Business Law Association {newline}- Member, 1966-1989 {newline}- President, 1966-1969
· United States Supreme Court Historical Society
· Babson College, Graduate School {newline}- Guest Lecturer, 1991-present {newline}- Lecturer on Law, 1967-1976
Experience
· Duane Morris LLP {newline}- Of Counsel, 2006-present {newline}- Partner, 2003-2005
· Private Practice, 1966-2003
· United States Department of Justice, Washington, D.C. {newline}- Trial Attorney, 1963-1966
Board Memberships
· Babson College Alumni Association {newline}- President, 1977-1979
· Babson College Corporation {newline}- Member, 1977-1996 {newline}- Chairman, 1989-1996 {newline}- Honorary Chairman, 1996-2000 {newline}- Member, Committee on Members, 1977-1996 {newline}- Chairman, Committee on Members, 1989-1996
· Babson College Board of Trustees {newline}- Member, 1977-1989 {newline}- Chairman, 1983-1989 {newline}- Chairman, Physical Facilities Committee, 1981-1983 {newline}- Chairman, Business and Financial Affairs Committee, 1981-1983 {newline}- Chairman, Nominatiang Committee, 2001-2002 {newline}- Member, Audit Committee, 1983-present {newline}- Trustee Emeritus, 2008-present
· Babson College Board of Overseers {newline}- Member, 2000-present {newline}- Chairman, Board of Directors, 1987-1989
· Babson College Recreation Center, Inc. {newline}- Member, 1982-1996 {newline}- Chairman, Board of Directors, 1987-1989
· New England Deaconess Hospital {newline}- Member of Corporation, 1992-1996 {newline}- Member, Audit Committee, 1993-1996
· Boston Architectural College {newline}- Special Committee on Governance, 2007-present {newline}- Member, Board of Overseers, 2008-present
· Beth Israel Deaconess Medical Center {newline}- Member, Board of Overseers, 1996-present {newline}- Member, Executive Committee, 1999-2007 {newline}- Member, Audit Committee 1996-present {newline}- Member, Overseer Relations Committee, 1999-2000 {newline}- Member, Program Committee, 1996-2002
· WBUR Public Radio {newline}- Member, Board of Advisors, 2005-present {newline}- Member, Board of Overseers, 2005-present {newline}- Chairman, Development Committee, 1996-2005 {newline}- Member, Executive Committee, 1996-2005 {newline}- Chairman, "Newsmakers" Organization, 2001-2005
· Save the Harbor/Save the Bay {newline}- Member, Board of Directors, 2001-present {newline}- Chair, Nominating Committee, 2004-present {newline}- Audit Committee, 2006-present {newline}- Chairman, Audit Committee, 2006-present
· Massachusetts Corporation for Educational Telecommunications {newline}- Chairman of the Board, 1989-1999 {newline}- Board Member, 1985-1999 {newline}- Vice Chairman, 1986-1989
· Cambridge College {newline}- Board of Advisors
· The Sunday School, Inc. {newline}- Member, Board of Directors, 1974-1984 {newline}- President, 1979-1984
Civic and Charitable Activities
· Town of Nahant, Massachusetts Planning Board {newline}- Member, 2002-present {newline}-- Vice-Chairman, 2004-2006 {newline}-- Chairman, 2006-present
· Greater Boston Chamber of Commerce {newline}- Director, 1999-present {newline}- Chair, Economic Development Committee, 1994-1995 {newline}- Chair, Energy and Environment Committee, 1996-1997 {newline}- Transportation Committee, 1995-present {newline}-- Co-Chair, 1995-1998
· Logan Airport Task Force, 1994-1998
· Boston Symphony Orchestra {newline}- Business and Professional Leadership Committee, 1984-1996 {newline}- Annual Fund and Corporation Committees {newline}- Honorary Chairman, Presidents at Pops, 1990
· Massachusetts Society for the Prevention of Cruelty to Children {newline}- Member, Corporate Committee, 1998-2001
· Boston City to City Leadership Exchange 1998-present
Honors and Awards
· Listed in: {newline}Who's Who in the World {newline}Who's Who in America {newline}Who's Who in American Law {newline}Who's Who in Finance and Industry {newline}Massachusetts Super Lawyers by Boston Magazine
Selected Speaking Engagements
· Panelist, "Developments in the Governance of Non-Profits," New England Chapter of the National Association of Corporate Directors, Boston, Massachusetts, June 10, 2008
Fellow, Massachusetts Bar Foundation (Member, Grant Advisory Committee, IOLTA Grants Program).
Member: American Bar Association (Committee on Commercial Leasing, Section of Real Property, Probate and Trust); Massachusetts Bar Association (Committee on Landlord and Tenant, Property Law Section); Vermont Bar Association; Boston Bar Association (Real Estate Practice Committee); National Association of College and University Attorneys; American Business Law Association (Chairman, Real Property Committee, 1967-1977); North Atlantic Regional Business Law Association (Member, 1966-1989; President, 1966-1969). Practice Areas: Business Law; Real Estate; International Law; Lender Law; Corporate Law; Insurance; Reinsurance; Banking Law; Finance; Mergers and Acquisitions.Email: Richard J. Snyder
Albert P. Zabin (Of Counsel) born New York, N.Y., March 11, 1937; admitted to bar, 1962, Massachusetts; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts; Commonwealth of Massachusetts; Supreme Court of the United States. Education: Harvard Law School (LL.B., 1962).
Albert P. Zabin practices in the area of civil litigation, including business disputes, partnership and close corporation disputes, trade secrets, intellectual property, mediation and arbitration as a neutral, insurance, and torts. His torts practice has included business torts, maritime, aviation, product liability, professional malpractice and general liability.
Mr. Zabin is a fellow of the American College of Trial Lawyers and a guest lecturer at Gordon Institute, Tufts University. He has been a visiting instructor at Boston College Law School and Northeastern School of Law.
He has authored many journal articles on product liability, trial practice and civil procedure. He is a co-author of the Disability Handbook, Shepards-McGraw Company. Mr. Zabin has written the chapters "Motions For Achieving Adjudication Without Trial," "Economics in the Court Room" and "Expert Testimony" for American Inns of Court Civil Procedure Practice Guide and "Economics Experts" in Massachusetts Expert Witnesses, both published by Massachusetts Continuing Legal Education.
Mr. Zabin is a past member of the Board of Governors of the Association of Trial Lawyers of America and a past member of the House of Delegates of the Massachusetts Bar Association. A life member of the Massachusetts Bar Foundation, he is a graduate of Harvard Law School (LL.B., 1962) and a cum laude graduate of Brandeis University.
Areas of Practice
· Business Litigation
· Trade Secrets
· Civil Litigation
· Insurance Litigation
· Torts
· Appeals in All Courts
Representative Matters
· Won jury verdict in diethylstilbestrol (DES) case involving allegations of uterine abnormalities suffered by plaintiff and negotiated favorable settlement for client when case was appealed. Payton et al v. Abbot Labs, 780 F. 2d 147 (1st Cir. 1984)
· Successfully tried and sustained judgment on appeal, interpreting provisions of Article 2 of the Uniform Commercial Code, for seller of electrical motors.
· Obtained judgment from U.S. Supreme Court in landmark case on primacy of the Federal Rules Of Civil Procedure over state rules in diversity cases, holding that service made pursuant to the Federal Rules Of Civil Procedure was effective even though it did not comply with state court rules. Hanna v. Plumer, 380 U.S. 465 (1965)
· Obtained ruling from state's highest court establishing that the manufacturer of consumer products were required to anticipate the environment of use of the product. Back v. Wickes Corporation, 375 Mass. 633 (1978)
· Handled suit for wrongful dissolution of real estate management business partnership. Represented partners who elected to continue the business and obtained a judgment ordering buyout of the dissolving partner on favorable terms for clients.
· Represented area license franchisee threatened with suit by sub-franchisees in case and who sued primary franchisors, involving alleged business fraud in selling of a process for anti-freeze recycling. Obtained high seven figure settlement for client and withdrawal of claims by sub-franchisees.
· Obtained summary judgment and a substantial settlement for seller of business in litigation involving allegations of breach of contract, breach of employment agreement and medical technology devices.
· Litigated executive manager of a tiling business in case involving allegations of wrongful termination by matriarch of closely held family business.
· Litigated defense of case involving allegations of trade secret theft in business based on technology for cooling and serving drinks used in restaurants. Obtained favorable rulings on key issues for client. Jet Spray Cooler, Inc. v. Crampton, et al.
· Litigated successful defense of case involving allegations of trade secret misappropriation related to gas chromatography for chemical compound analysis. Obtained favorable settlement.
· Litigated defense of product manufacturer in commercial airlines crash case involving allegations of a defective altimeter.
· Defended skydiving school in a wrongful case involving allegations of inappropriate parachute devices and training of student and obtained favorable settlement for client.
· Handled case involving insurance coverage issues and disabilities suffered from exposure to powdered latex gloves.
· Successfully tried and sustained judgment on appeal of case involving allegations of negligent security operations by local college where student was kidnapped and raped. Obtained favorable ruling from state's highest court on charitable immunity interpretation. Mullins v. Pine Manor College, 389 Mass. 47 (1983)
· Handled case involving alleged misrepresentations by applicant for disability insurance. Obtained favorable verdict on liability and settled prior to appeal.
· Represented homeowners in case involving pollution exclusion clause and leaking underground storage tanks that caused environmental damages. Obtained favorable coverage ruling and settlement.
· Handled insurance coverage controversy regarding multiple sclerosis disability and obtained favorable ruling that representations about good health were not a condition precedent to coverage but only representations to the best of the client's knowledge.
· Litigated an appeal, under the Massachusetts Waterways Act, before Department of Environmental Protection for community group opposed to development of freight forwarding building complex and procured settlement in which developer agreed to meet certain environmental standards and other protocols for development and contributed money toward the community.
· Handled construction case involving major issue about the priority of an Article 9 security interest and claimed set-offs. Opponent had loaned money to property owner for the project. Client, who had obtained property owner's claim against opponent contractor, was able to successfully resist summary judgment and prevail on its motion for partial summary judgment.
Professional Activities
· American College of Trial Lawyers {newline}- Fellow {newline}- Chair, Massachusetts Access to Justice Committee, 2003-present
· Fellow, International Society of Barristers
· Massachusetts Bar Foundation {newline}- Life Member {newline}- Member, Grant Advisory Committee, IOLTA Grants Program
· Massachusetts Bar Association {newline}- Member, House of Delegates
· Massachusetts Academy of Trial Attorneys {newline}- Education Committee, 1990-1993
· Presenter and Speaker, Massachusetts Continuing Legal Education programs, Personal Injury, Business Torts, Civil Procedure and Trial Practice Evidence
· Guest Lecturer, Gordon Institute, Tufts University, 1998-present
· Editor-in-Chief, Massachusetts Academy of Trial Attorneys Journal, 1992-1994
· Lecturer in Trial Practice {newline}- Northeastern Law School, 1978-1982 {newline}- Boston College Law School, 1969-1980
Experience
· Duane Morris LLP {newline}- Of Counsel, 2004-present {newline}- Partner, 2003
· Schneider Reilly LLP (formerly Schneider, Reilly Zabin & Costello P.C. ) Boston, Massachusetts {newline}- Principal and Partner, 1972-2003 {newline}- Associate, 1963-1972
Board Memberships
· Association of Trial Lawyers of America {newline}- Former Member, Board of Governors
Civic and Charitable Activities
· Pro Bono Activities {newline}- IOLTA Grant Committee, Massachusetts Bar Foundation, 1997-present {newline}- Mediator, American College of Trial Lawyers Mediation Project, 1990-present {newline}- Hearing Officer, Massachusetts Board of Bar Overseers, 1987-1991 {newline}- Pro Bono Assignments of Criminal Cases in the Federal Court, 1970's
· Member, Lexington Town Meeting, 1972-present
· Lexington School Committee, 1988-1994
· Chair, Town Meeting Members Association, 1980-1981
· Lexington Planning Board, 1975-1980 {newline}- Chair, 1977-1980
Honors and Awards
· Listed in Super Lawyers Corporate Counsel Edition for Business Litigation, March 2009
Selected Publications
· Book Chapter, "Economics Experts," Massachusetts Expert Witnesses, Massachusetts Continuing Legal Education, Boston (2002)
· Editorial, "Q. Why so Much Crime? A. We Tolerate It." I(2) Journal of the Massachusetts Academy of Trial Attorneys 9 (1993)
· Co-author, Disability Handbook, Shepards-McGraw-Hill (1991)
· "The New Wrongful Death Act: Massachusetts Steps Into the Twentieth Century," 58 Massachusetts Law Quarterly 345 (1973)
· "The Long Arm Statute: International Shoe Comes to Massachusetts," 54 Massachusetts Law Quarterly 101 (1969)
· Contributing Author, Massachusetts Civil Practice: Pretrial, Lawyers Cooperative Publishing Company
· "The Federal Rules in Diversity Cases," 53 American Bar Association Journal 266 (1967)
· Co-author, "Advertising and Products Liability," 49 Massachusetts Law Quarterly 359 (1964)
Fellow: American College of Trial Lawyers (Chair, Massachusetts Access to Justice Committee, 2003-present); International Society of Barristers; Massachusetts Bar Foundation (Life Member; Member, Grant Advisory Committee, IOLTA Grants Program).
Member: Massachusetts Bar Association (Member, House of Delegates); Massachusetts Academy of Trial Attorneys (Education Committee, 1990-1993). Practice Areas: Civil Litigation; Business Litigation; Trade Secrets; Insurance Litigation; Torts.Email: Albert P. Zabin
RESIDENT SPECIAL COUNSEL
Terry Philip Segal (Special Counsel) born Boston, Massachusetts, July 20, 1942; admitted to bar, 1967, Massachusetts; 1968, District of Columbia; United States Court of Appeals for the First Circuit; United States Court of Appeals for the District of Columbia; United States District Court for the District of Massachusetts; Supreme Court of Massachusetts. Education: Yale Law School (J.D., 1967).
Terry Philip Segal practices in the areas of white-collar crime and tax fraud.
Mr. Segal is a fellow of the American College of Trial Lawyers and listed in The Best Lawyers in America. He is an instructor at Suffolk University Law School and has previously taught at Boston College Law School and Yale Law School. He is executive director of the Entrepreneurs Foundation of New England, a nonprofit foundation whose purpose is to encourage high-tech companies to give something back to their communities. He was press secretary and campaign manager for U.S. Speaker of the House Thomas P. O'Neill and served as legislative counsel to U.S. Senator Philip Hart (helping draft the 1968 Civil Rights Act). Mr. Segal is a former assistant U.S. attorney for the District of Massachusetts and District of Columbia.
Mr. Segal is a 1967 graduate of Yale Law School and a graduate of Amherst College.
Areas of Practice
· White Collar Criminal Defense
· Tax Fraud
· Complex Civil Litigation
Professional Activities
· American College of Trial Lawyers {newline}- Fellow, 1986-present
· American Bar Association {newline}- Section of Taxation {newline}-- Chairman, Subcommittee on Criminal Penalties, 1975-1979 {newline}- Section of Litigation {newline}-- First Circuit Chairman, Complex Crimes Committee, 1977-1978
· Boston Bar Association {newline}- Bankruptcy Law Section, 1980-1982 {newline}- Chairman, Criminal Law Section, 1973-1977
· Suffolk University Law School {newline}- Instructor, Federal Procedure, 1973-1975; Trial Practice, 1997-present
· Yale Law School {newline}- Tutor, Clinical Studies, 1994-1995
· Boston College Law School {newline}- Instructor, Trial Practice, 1974-1979
Experience
· Duane Morris LLP {newline}- Special Counsel, 2000; 2003-present {newline}- Partner, 1999-2000
· Entrepreneurs Foundation of New England, Boston, Massachusetts {newline}- Executive Director, 2000-present
· Burns & Levinson LLP, Boston, Massachusetts {newline}- Partner, 1997-1999
· Segal & Feinberg, Boston, Massachusetts {newline}- Founding Partner, 1980-1997
· District Attorney's Office, Norfolk County, Dedham, Massachusetts {newline}- Special Assistant District Attorney, 1978-1979
· Silverman & Kudisch, Boston, Massachusetts {newline}- Of Counsel, 1975-1980
· United States Attorney's Office {newline}- Assistant United States Attorney, 1968-1970, Washington, D.C.; 1971-1973, Boston, Massachusetts
· United States Senator Phillip Hart, Washington, D.C. {newline}- Legislative Counsel, 1967-1968
· United States Congressman, Thomas P. O'Neill, Jr., District of Massachusetts {newline}- Legislative Assistant, 1966
Civic and Charitable Activities
· Director, Asthma and Allergy Foundation, 1996-1999
Honors and Awards
· Listed in The Best Lawyers in America, 1999-2000
Selected Publications
· Co-author, "Advice for Taxpayers with Undeclared UBS Swiss Bank Accounts," Massachusetts Lawyers Weekly, December 15, 2008
· "Dramatic Changes to Federal Civil Discovery Rules," Mass Lawyers Weekly, April 1994
· "The New Federal Rules of Evidence," Mass Lawyers Weekly, 1975
Selected Speaking Engagements
· Speaker, "Investigation and Prosecution of Criminal Tax Cases," CPE Institute for Accountants, Haverhill, Massachusetts, June 23, 1999
Fellow, American College of Trial Lawyers.
Member: Boston Bar Association (Bankruptcy Law Section, 1980-1982; Chairman, Criminal Law Section, 1973-1977); American Bar Association (Chairman, Subcommittee on Criminal Penalties, Section of Taxation, 1975-1979; First Circuit Chairman, Complex Crimes Committee, Section of Litigation, 1977-1978). Practice Areas: White Collar Criminal Defense; Tax Fraud; Trial Practice.Email: Terry Philip Segal