Cases
Cases of Note: As An Advocate: Mr. Fitch has tried over 40 jury
bench trials in the federal
state courts of the Commonwealth. He also has extensive experience as an advocate for clients in domestic
international arbitrations. Mr. Fitch has successfully used the process of mediation for resolving hundreds of cases that began in the courts or in arbitration. In representative engagements, Mr. Fitch: Has acted as local counsel in patent litigations involving voice recognition
siRNA technologies.
As defense counsel, resolved thous
s of asbestos-related claims for personal injuries
property damage in negotiated settlement, mediation or trial for the manufacturer of an asbestos-containing cement.
Represented a South African technology company in an international arbitration
obtained an award of over $6 million. Successfully defended a technology company in Brazil in an international arbitration case where plaintiff claimed over $100,000,000 in damages for unfair trade practices.
Reached a multi-million dollar settlement for clients who were minority investors in a hedge fund company. The case settled after a jury trial had begun.
Obtained a settlement of approximately $20,000,000 in an arbitration administered by the International Centre for Dispute Resolution (the ICDR). The Arbitrator found that the opposing party wrongfully terminated an agreement with our client pursuant to which, it was granted an exclusive right to create
operate a telematics technology in the People's Republic of China. The settlement was reached before the damages phase of the arbitration commenced.
In three other international arbitrations
pre-arbitration proceedings, reached favorable settlements: for the CEO of a London-based international investment company
for the owner of a wind turbine with UCC claims against the manufacturer based in the Netherl
s
for a South African technology services company in a dispute with its American supplier under a long-term technology supply, patent
licensing agreement.
Won a summary judgment award - affirmed on appeal- of $2,943,320 for the firm's client, a museum, against its former president, who had stolen assets of the museum by means of a sophisticated, fraudulent scheme.
Obtained a jury verdict on multiple counts in Middlesex Superior Court on behalf of individuals who had been defrauded in the purchase of a home. Judgments against all defendants exceeded $4,000,000.
Represented the interests of a Swedish Credit Union in a RICO action pending in federal court in Florida.
Successfully defended the interests of the owner of a valuable parcel of l
on Nantucket in a series of two trials
three appeals brought by an abutter seeking to foreclose any development of the property.
In mediation, successfully settled a multi-faceted estate dispute involving over $20 million in assets held in trusts, limited partnerships
a corporation in Central America.
Won a temporary restraining order in federal court, which led to an outst
ing settlement for our client, a foreign exchange trading company. The client recovered the full extent of its liquidated damages under a software license agreement with the defendant Massachusetts technology company.
Reported Appellate Decisions: Heghnian v. Parexel International Corp., 2003 WL 25586579 (1st Cir. 2003) (upholding dismissal of employment discrimination claims)
FDIC v. Elio, 39 F.3d 1239 (1st Cir. 1994) (appointment of trustee in fraudulent conveyance)
Latino PAC, Inc. v. City of Boston, 716 F.2d 68 (1st Cir. 1983), stay denied , 463 U.S. 1319 (1983) (election enjoined because districts violated one person, one vote)
McCord v. Jet Spray International Corp., 874 F. Supp. 436 (1994) (enforcement of foreign judgment)
Batischev v. Cote, 81 Mass. App. Ct. 1103 (2011) (Chapter 93A award affirmed)
Conte v. Marine Lumber Co., Inc., 66 Mass. App. Ct. 505 (2006), rev. denied , 447 Mass. 1109 (Sept. 11, 2006) (claims of estoppel by deed
adverse possession defeated)
Poddell v. Lahn, 38 Mass. App. Ct. 688 (1995) (methodology for determining common area allocations).
As A Domestic
International Arbitrator: Mr. Fitch has been appointed as an arbitrator in over 30 cases. He has extensive experience as an emergency arbitrator, sole arbitrator, panelist
chair in both complex domestic
international arbitrations. Mr. Fitch has served as an arbitrator on many multi-million dollar commercial claims involving, for instance: technology supply
service agreements
technology license agreements
technology manufacturing agreements
FRAND
patent exhaustion
proprietary information
invention assignment of medical
other products
software, firmware
hardware agreements
FIFRA
employment agreements
securities purchase
investment agreements
non-solicit
non-competition agreements
the liquidation of hedge funds
fiduciary duties
the valuation of shareholder interests
terms of shareholder buyouts.
Mr. Fitch is a member of the panel of arbitrators for the International Centre for Dispute Resolution, a division of the American Arbitration Association
he is also a member of the AAA's panel for Large, Complex Cases. He is an arbitrator on the Tech List of the Silicon Valley Arbitration
Mediation Center
is also listed as an arbitrator by the International Chamber of Commerce
the Global Arbitration Review. He is a Fellow of the Chartered Institute of Arbitrators.
He has served as an arbitrator, for instance, in the following matters: Arbitrator in ICDR case arising out of a patent license agreement involving 2G
3G mobile communications technology.
Arbitrator in AAA case regarding consultant agreement
patents for cranio-maxillofacial fixation system.
Arbitrator in ICDR case involving non-competition
misappropriation of confidential information pertaining to patented aqueous ozone generation technology.
Arbitrator in ICDR case arising out of engineering development, license
partnership agreement for mobile wallet
other payment applications.
Arbitrator in AAA case involving software, firmware
hardware agreements for an electronic payment processing system for an airport's parking operations.
Arbitrator in ICDR arbitration regarding international sales
distribution agreements audio technology.
Emergency Arbitrator in ICDR arbitration involving sensor technology use in sports.
Emergency arbitrator in ICDR arbitration of liquidation of hedge fund.
Arbitrator in AAA case concerning stock purchase agreement.
Arbitrator in ICDR case arising out of securities purchase agreement.
Arbitrator in AAA case involving service agreement among alliance of insurance companies.
Arbitrator in an ad hoc arbitration regarding the valuation
delineation of assets of one of the largest privately held manufacturers of bakery products.
Arbitrator in ICDR
AAA arbitrations involving franchise agreements.
