Alan pursues his clients' business objectives strategically, bringing to bear years of successful litigations and resolutions of complex business disputes, both domestic and international. The subject matters include transactional contracts of all kinds; trade secret and other intellectual property misappropriation or infringement and breach of non-compete and/or non-disclosure agreements; unfair and/or anti-competitive business practices, including fraud, disparagement, misuse of the litigation process and other business torts; disputes arising out of acquisitions, joint ventures and collaborations; intra-corporate, shareholder, partnership and LLC disputes, including breach of fiduciary duties, misappropriation of corporate opportunities, financial improprieties, power struggles, freeze-outs, buy-outs, and allegations of sexual harassment or other misconduct. Alan's diverse industry experience includes technology, biotechnology, health care delivery, medical equipment and services, manufacturing, financial services, securities, educational institutions and real estate development.
•After a two-week Federal Court trial over trade secret misappropriation and breach of an R&D agreement, Alan and his trial team obtained plaintiff's jury verdicts on all counts, and a multi-million dollar damages award, for his agri-biotechnology client.
•After 13 days of trial in Federal Court, Alan obtained a $3, 350, 691 judgment for Thompson Design Group, an internationally renowned urban design firm. The trial concerned TDG's entitlement to a percentage of the profits, in addition to its fees for services in connection with the redevelopment and sale of a 14-acre site on the Hudson River facing the Manhattan skyline. The developer, led by a hedge fund, claimed that TDG's profit share was $0. The judgment was a total victory for Alan's client. Thompson Design Group v. 1101-1125 Hudson Street LLC , 2008 WL 4717466 (D.N.J. Aug 29, 2007).
•After fending off would-be intervenors ( Ewers v. Heron , 419 F.3d 1, 62 (1st Cir. 2005)), Alan obtained a $1, 980, 000, 000 judgment in an international fraud case. Ewers v. Heron , 2007 WL 6189250 (D. Mass. June 4, 2007).
•Representing the President of the U.S. subsidiary of a French advanced semiconductor substrates manufacturer, in arbitration against the largest U.S. silicon wafer manufacturer, Alan prevailed on every non-compete and trade secret claim, and won an award of his client's attorneys' fees. The award was confirmed in Federal Court, 2006 WL 568571 (E.D. Mo. March 7, 2006), and upheld by the Court of Appeals (2007 WL 1881112), resulting in the payment of more than $200, 000 of Alan's client's legal fees by its adversary.
•Alan won a decisive victory in an international business acquisition case, after strategic discovery and winning a Federal Court decision subjecting an EU conglomerate to jurisdiction in Massachusetts. Amstell Holding, Inc. v. SIG Combibloc, Inc ., 2005 WL 6258671 (D.Mass. Sept 27, 2005). The multi-million dollar settlement was complete vindication for Alan's client.
•In another international litigation, Alan won a multi-million dollar Federal Court trial for a Swedish investor against a Massachusetts pharmaceutical laboratory.
•Representing a venture capital firm, Alan won dismissal of all counts of a complaint filed by a national law firm (representing itself) in connection with a lease-swap agreement. 2003 WL 1861558 (Mass. Super. Ct., Mar 24, 2003). The Appeals Court not only upheld the victory but awarded Alan's client its attorney's fees and double costs. 62 Mass. App. Ct. 1103 (Sep. 29, 2004) (TEXT IN WESTLAW, 2004 WL 2186555).
•Alan won a two-week jury trial on behalf of the founders of a weekly newspaper chain against a 'partner' who alleged an interest in a national marketing venture. Years earlier, Alan had represented the same founders against a VC fund which had acquired the newspaper's secured debt in order to obtain the founders' equity at a distressed price. The constructive resolution was a successful transaction at a fair price. Subsequently, Alan's former adversary retained him to arbitrate the lender's demand for a substantial pre-payment penalty. That arbitration, too, was 100% successful.
•Alan has represented both creditors and debtors in substantial cases. For example, Alan won a Federal Court trial on an oral modification defense to an integrated written loan agreement. The Court of Appeals affirmed. 187 F.3d 621 (1st Cir. 1998). After remand and a second trial court victory, the First Circuit again upheld, and this time awarded attorneys' fees and double costs. 201 F.3d 426 (1st Cir. 2000).
•Alan represented an LLC formed to privatize the real estate management functions of a state transportation authority with vast land holdings, against members who had misappropriated a corporate opportunity. After fierce litigation, the disloyal members were successfully expelled and the terms resolved in mediation.
•Alan has litigated derivative suits involving both privately held and public companies. He won dismissal of a putative class action suit alleging corporate waste in the form of the compensation packages of the top executives of a public company. He has represented the founders/shareholders of privately held companies who were being frozen out, and obtained fair value for their stock interests.
•In the real estate sector, Alan has represented large-scale developers. He obtained a million-dollar-plus settlement for a developer against a defaulting partner, recovering all principal, interest and attorney's fees. In another case, he obtained a settlement on the eve of trial that was more than double anything previously offered, for a developer whose partner siphoned project cash into construction overruns. He has guided other partnerships through successful litigations and restructurings. He has also represented a national commercial brokerage firm in a range of matters.
•Alan has represented the Boston Marathon in matters ranging from ADA litigation to medical disclosures and contracts, and represented an international sport organizing committee against the owners of a major league sports team.
•Alan has handled many cases in the academic setting, such as representing: an Ivy League University in connection with a multi-million dollar charitable bequest; the Chair of another Ivy League medical school department against allegations of financial misconduct; a fraternity officer in a nationally-publicized case arising out of the alcohol-related alleged hazing death of a pledge; as well as a number of faculty tenure and scientific or academic misconduct matters.
Before Edwards Wildman
After graduating from Kenyon College, Alan spent a year as a Fulbright Scholar at the University of Louvain in Belgium. He obtained a Ph.D. in Philosophy at Princeton University and taught Philosophy for two years. While a student at Harvard Law School, he taught core curriculum courses in Law and Philosophy as a Teaching fellow at Harvard College. He began his legal career at a large Boston firm, became a partner at a litigation boutique, and moved to the Firm in 1998, where he has lived happily ever after.
Besides Edwards Wildman
In September 2012, Alan was elected a National Trustee of The Foundation Fighting Blindness, which which has raised more than $500 million dollars to fund research and clinical trials into cures for blinding conditions. Alan chaired the Foundation's 2012 Visionary Awards Dinner in Boston, and will do so again in 2013. Alan also devoted considerable efforts toward the election and re-election of Massachusetts Governor Deval Patrick, hosting the Governor's Finance Committee throughout the 2010 re-election campaign. In his previous life, Alan traveled widely, including photo safaris in Kenya, Tanzania, Botswana, Namibia and Zimbabwe, and trips throughout the EU and to Brazil, Argentina, Chile, Peru, Belize, Guatemala, Mexico, Cambodia, Thailand, Nepal, Hong Kong, Egypt, Jordan, Turkey, and Antarctica.
Alan is a fellow of Litigation Counsel of America, an invitation-only trial lawyer honorary society. Fellows are selected only after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation.
Alan has been listed as a Massachusetts Super Lawyer by Law & Politics and Boston Magazine in 2004 - 2009 and 2011 - 2012, and a Business Litigation Super Lawyer? in the Corporate Counsel Edition in 2007 - 2009 and 2011 - 2012.
Alan has received an AV Peer Review rating from Martindale-Hubbell, signifying achievement at the highest level for both legal ability and ethical standards.