Anna Sankaran is a commercial litigator with subspecialties in bankruptcy and bankruptcy litigation, intellectual property litigation, and ERISA litigation. Anna represents institutional and individual clients in all stages of business disputes with an eye toward achieving creative business solutions for her clients. Anna has trial and appellate experience before federal and state courts as well as experience representing clients in mediation and arbitration. She also has significant experience with class actions and other complex litigation.
Areas of Concentration
· Commercial litigation
· Bankruptcy and bankruptcy litigation
· Intellectual property litigation
· State and federal class action litigation
· Multidistrict litigation
Significant Representations
Commercial Litigation
· Represent fund and administrative and collateral agent in litigation brought by investment banker seeking to hold fund and agent liable for debts owed by creditor.
· Represent lender in state and federal court with respect to claims brought by mortgage holders.
· Successfully represented lender in litigation by borrower regarding alleged improper foreclosure. See Hammond v. JPMC Specialty Mortgage LLC, 2011 WL 1463632 (D. Mass. April 15, 2011).
· Represented manufacturer of plush animals with virtual component in multi-district antitrust class action.
· Represented owner of indoor snowmaking technology through trial in dispute regarding scope and duration of license.
· Represent defendants in numerous indirect purchaser antitrust class actions under Massachusetts consumer protection statute, including Thomas Sarris v. Akzo Nobel Car Refinishers, et al., Essex County Superior Court Civil Action No. 05-0248, Frank Grimaldi v. Akzo Nobel Chemicals International B.V., et al., Middlesex Superior Court Civil Action No. 04-1052, Dennis Audette v. Hebei Welcome Pharmaceutical Co. Ltd., et al., United States District Court for the District of Massachusetts Civil Action No. 05- 05-12224 JLT, and Valerie L. Ciardi et al v. F. Hoffmann-La Roche, Ltd., et al., Middlesex Superior Court Consolidated Civil Action Nos. 99-4656D and 99-3244D.
· Represented owner of tolling plant in contract dispute against customer regarding specifications of adhesive, trade secret theft, payments for capital improvements and other disputes.
· Represented former bank president and his daughter in multi-district fraudulent transfer dispute regarding an alleged $55 million misappropriated from a Dominican bank.
· Represented national retailer in federal litigation against its spokesperson regarding termination of the spokesperson agreement, cancellation of television program, trademark violations, and alleged payments and bonuses due under various agreements.
· Represented national retailer in real estate litigation against landlord and prospective tenant concerning lease breaches caused by changes in shopping mall configuration required by new tenant.
· Represented Herbalife International of America, Inc., in the United States District Court for the District of Massachusetts and in the United States Court of Appeals for the First Circuit in litigation by a distributor claiming certain commissions and royalties. See Okmyansky v. Herbalife International of America, Inc., 415 F.3d 145 (1st Cir. 2005).
· Successfully represented employment placement firm in a national origin discrimination matter in the District of Connecticut. The District Court awarded summary judgment which was upheld by the United States Court of Appeals for the Second Circuit.
· Represented national retailer in Massachusetts consumer class action regarding sales tax regulations relating to manufacturers' coupons.
Bankruptcy & Bankruptcy Litigation
· Represented Fortune 500 company, one of the world's largest industrial distributors of electronic parts, enterprise computing and storage products and embedded subsystems, in bankruptcy matters nationwide, including as a secured and unsecured creditor, large preference actions, and other bankruptcy related litigation.
· Represented fortune 500 national distributor through trial and appeal in preference litigation before the United States Bankruptcy and District Courts for the District of New Hampshire, decreasing liability from $4.4 million to approximately $500,000. See In re Amherst Technologies LLC (Bogdanov v. Avnet, Inc.), 2011 WL 4625698 (D. N.H. September 30, 2011); In re Amherst Technologies LLC (Bogdanov v. Avnet, Inc.), 2010 WL 3517066 (Bankr. D. N. H. September 3, 2010).
· Represented lenders in Massachusetts and Texas Bankruptcy Courts as special counsel in Chapter 7 and 13 cases relating to alleged sanctions or other lending violations.
· Represented lender in Massachusetts Bankruptcy Court as special counsel in Chapter 7 and 13 cases relating to alleged sanctions or other lending violations.
· Represented insurance managing general agent in $2.2 million preference case in In re Railworks Corporation, et al., United States Bankruptcy Court for the District of Maryland, Case Nos. 01-6-4463-01-6-4485 (Jointly Administered), Chapter 11, Adversary Proceeding 03-05363 JS.
· Represented liquidating trust in administrative claims litigation in In Re Syntax-Brillian Corp. et al, United States Bankruptcy Court for the District of Delaware, Case No. 08-11407.
· Represented one of the largest American insurance premium financing companies in bankruptcy matters nationwide as a secured creditor.
· Represented Official Committee of Unsecured Creditors in lender investigation in In re Renew Energy LLC, United States Bankruptcy Court for the Western District of Wisconsin, Chapter 11, Case No. 09-10491.
· Represented Official Committee of Unsecured Creditors in In re Primus Telecommunications Group, Incorporated, et al., United States Bankruptcy Court for the District of Delaware, Chapter 11, Case No. 09-10867 (KG).
· Represented defendant class in subordination action in the Arthur D. Little Chapter 11 bankruptcy proceeding in the District of Massachusetts. Representation includes successful result on behalf of clients as amici curiae in the United States Court of Appeals for the First Circuit on issue of equitable subordination of ERISA claims. See In re Merrimac Paper Company, Inc., 420 F.3d 53 (1st Cir. 2005). See also In re Dehon, Inc., 298 BR 206 (Bankr. D. Mass. 2003).
· Represented professional administrator and seller of warranty programs and service contracts offered in connection with the sale of consumer products in various retail bankruptcies.
· Represented creditor in preference action in In re Felt Manufacturing, Co., Inc., United States Bankruptcy Court for the District of New Hampshire, Chapter 11, Adv. Pro. No. 07-1178.
· Represented debtor in a bankruptcy appeal regarding fee dispute with indenture trustee in the Northwestern Corporation bankruptcy proceeding pending in the District of Delaware.
· Represented buyer in various contested matters in In re Complete Retreats, LLC. et al., United States Bankruptcy Court for the District of Connecticut, Chapter 11, Bankr. Case No. 06-50245 (AHWS).
· Represented secured lender in In re C.R. Stone Concrete Contractors, Inc., United States Bankruptcy Court for the District of Massachusetts, Chapter 11, Case No. 05-11119-WCH, as well as in related litigation against guarantor of loan.
· Represented secured creditor in In re U. S. Specialty Packaging, Inc., United States Bankruptcy Court for the District of Massachusetts, Chapter 11, Case No. 03-46614-HJB.
· Represented the debtor in In re Seitel, Inc., United States Bankruptcy Court for the District of Delaware, Chapter 11, Case No. 03-12227 in contested valuation and confirmation.
· Represented debtors in adversary proceeding involving ERISA claims relating to qualified and nonqualified plans maintained by the debtor in In re Northwestern Corporation, United States Bankruptcy Court for the District of Delaware, Chapter 11, Adversary Proceeding No. 04-53349.
· Represented debtor in claims litigation through trial against insurer regarding coverage in In re Waste Systems, Inc., United States Bankruptcy Court for the District of Delaware, Chapter 11, Case Nos. 01-0099 through 01-0129.
· Represented debtor in claims litigation through summary judgment regarding land fill contracts in In re Waste Systems, Inc., United States Bankruptcy Court for the District of Delaware, Chapter 11, Case Nos. 01-0099 through 01-0129.
· Represented Unsecured Creditors Committee in various contested matters including key employee retention plan and exclusivity extensions in In re Factory 2U, Inc., United States Bankruptcy Court for the District of Delaware, Chapter 11, Case No. 04-10111 (PJW).
· Represented debtor in claims litigation regarding contract disputes in In re Darwin Networks, Inc. and Darwin Networks Acquisition Corp., United States Bankruptcy Court for the District of Delaware, Chapter 11, Case Nos. 01-0095 and 01-0096 (LK).
· Represented Debtor as special counsel with respect to motions for relief from automatic stay for debtor and commencing adversary proceeding for non-debtor entities regarding patent litigation in In re MJ Research Incorporated, United States Bankruptcy Court for the District of Nevada, Chapter 11, Docket No. 04-50861 GWZ.
· Represented the Official Committee of Non-Union Retirees in In re SHC, Inc., Chapter 11, United States Bankruptcy Court for the District of Delaware, Case No. 03-12002 (MFW), in matters regarding the termination of welfare benefits.
· Represented the Official Committee of Retirees in In re Polaroid Corporation at al., United States Bankruptcy Court for the District of Delaware, Chapter 11, Case No. 01-10864 (PJW), regarding the termination of welfare benefits.
Intellectual Property Litigation
· Represent national retailer in patent infringement suit regarding network authorization technology.
· Represent national retailer with respect to alleged patent infringement claims relating to ethernet technology.
· Represented owner of indoor snowmaking technology through trial in dispute regarding scope and duration of license.
· Represented plaintiff, holder of patent covering spray plume analysis technology at trial. Verdict included a finding of infringement of nine of eleven claims and injunctive relief.
· Represented national retailer and promotional product vendor in a design patent dispute.
· Represented toy manufacture in trade dress and design patent dispute regarding packaging of musical instruments.
· Represented semi-conductor manufacturer in multidistrict counterfeiting and trademark dispute.
ERISA Litigation
· Represented defendant class in subordination action in the Arthur D. Little Chapter 11 bankruptcy proceeding in the District of Massachusetts. Representation includes successful result on in behalf of clients as amici curiae in the United States Court of Appeals for the First Circuit on issue of equitable subordination of ERISA claims. See In re Merrimac Paper Company, Inc., 420 F.3d 53 (1st Cir. 2005).
· Represented debtors in adversary proceeding involving ERISA relating to qualified and nonqualified plans maintained by the debtor in In re Northwestern Corporation, United States Bankruptcy Court for the District of Delaware, Chapter 11, Adversary Proceeding No. 04-53349.
· Represented the Official Committee of Non-Union Retirees in In re SHC, Inc., Chapter 11, United States Bankruptcy Court for the District of Delaware, Case No. 03-12002 (MFW), in matters regarding the termination of welfare benefits.
· Represented the Official Committee of Retirees in In re Polaroid Corporation at al., United States Bankruptcy Court for the District of Delaware, Chapter 11, Case No. 01-10864 (PJW), regarding the termination of welfare benefits.
· Provided consultation to the Senate Judiciary Committee regarding the liability of an employer and jurisdictional issues under The Bipartisan Patient Protection Act of 2001, including preparation of memoranda and a model complaint for presentation on the Congressional Floor.
· Represented health insurer in ERISA class action.
Professional & Community Involvement
· President Elect, South Asian Bar Association of Houston, 2011-2012
· National Advisory Council Member, North American South Asian Bar Association (NASABA)
- President Elect, 2011-2012
- NASABA President, 2010-2011
- NASABA President Elect, 2009-2010
- NASABA Executive Committee Member, Vice President of Public Relations, 2008-2009
- NASABA Executive Committee Member, Vice President of Organizational Memberships, 2007-2008
- Chair, NASABA Judiciary Committee, 2005-2008
· Texas Minority Counsel Steering Committee Member, 2012
· Member of Leadership SBOT, State Bar of Texas, 2011-2012
· Editorial Board Member, Massachusetts Lawyers Weekly, 2008-2010
· Former Member, United States Bankruptcy Court for the District of Massachusetts Local Rules Committee, 2008-2010
· Member, Houston Chapter of the International Women's Insolvency and Restructuring Confederation
- Co-Chair of New England Chapter, 2008-2009
· Advisory Board Member, South Asian Bar Association of Greater Boston
- President, 2004-2007
- Executive Committee Member, 2008
· Member, American Bankruptcy Institute
· Member, American Bar Association
· Member, Federal Bar Association
· Member, Houston Bar Association
· Member, State Bar of Texas
Awards & Recognition
· Named, "40-under-40," Houston Business Journal, March 2012
· Leadership Class, State Bar of Texas, 2011-2012
· Listed, Super Lawyers magazine, Texas Super Lawyers, "Rising Star," 2011-2012
· Recipient, "Outstanding 50 Asian Americans in Business Award," 2010
· Named, "40-under-40," Boston Business Journal, August 2009
· Recipient, Thirteenth Annual Rosoff Mentor Award, March 2009
· Citation, Governor Deval L. Patrick and Lieutenant Governor Timothy P. Murray in recognition of Ms. Sankaran's commitment to diversity in the Commonwealth, March 2009
· Recipient, "Annapoorni R. Sankaran Award For Excellence In Leadership And Service," South Asian Bar Association of Greater Boston, 2008
· Listed, Super Lawyers magazine, Massachusetts Super Lawyers, "Rising Star," 2005-2008
· Finalist, " Woman of the Year," India New England, 2007
· Featured, Super Lawyers magazine, Massachusetts Super Lawyers, "Rising Star," 2006
· Named, "Up and Coming Lawyers," Massachusetts Lawyers Weekly, August 2005
Clerkship
· Law Clerk, Massachusetts Department of Transitional Assistance, Boston, MA, 1994
· Law Clerk, Office of the Attorney General, Government Bureau: Administrative Law Division, Boston, MA, 1993
Articles, Publications, & Lectures
Articles
· Co-Author with Justin Keith, "'Because of' or 'Prepared For'? The Questionable Status Of Work Product Protection in the First Circuit", SideBar, Federal Bar Association Litigation Section Newsletter, Vol. 10, No. 1., Winter 2010
· "Law Firms Can No Longer Afford to Ignore Women of Color," Women's Business Boston, Vol. 9, Issue 6, March 2007
· "No More No Fault Equitable Subordination In The First Circuit," Boston Bar AssociationBankruptcy Law Section Newsletter, October 2005
· "The Lis Pendens Statute: Traps For Practitioners And The Bench," 33 M.L.W. 215, Massachusetts Lawyers Weekly, September 27, 2004
· "Employer Liability Under the Bipartisan Patient Protection Act," Journal of Compensation & Benefits, Vol. 17, No. 4, Summer 2001
Books
· Chapter 93A "Rights and Remedies," Chapter 4 "Private Remedies," Massachusetts Continuing Legal Education, 2009
· "Damages in Massachusetts Litigation," "Chapter 13 Damages in Chapter 93A Cases," Massachusetts Continuing Legal Education, 2009
Lectures
· Speaker, "Bankruptcy Basics," NASABA 2011 Annual Convention, Los Angeles, CA, June 2011
· Speaker, "NASABA Idol: Direct and Cross Examinations," NASABA 2009 Annual Convention, Vancouver, Canada, June 2009
· Panel Speaker, "Let's Get Real about Diversity," South Asian Bar Association of Greater Boston, Asian American Lawyers Association of Massachusetts, Massachusetts Black Lawyers Association, Massachusetts Association of Hispanic Attorneys and the Boston Bar Association Diversity Task Force, April 24, 2008
· Panel Speaker, "Building Better Lawyers," Boston Bar Association, April 4, 2008
· Panel Speaker, "Expanding Influence and Leadership," Minority Corporate Counsel Association Eighth Annual Creating Pathways to Diversity Conference, New York, November 2007
· Panel Speaker, "Update on Employment Issues In Bankruptcy, The Pension Protection Act of 2006," Ninth Annual Bankruptcy Conference, Massachusetts Continuing Legal Education, October 2007
· Television Panelist, Legal Line: "Women of Color in the Law," Boston Neighborhood Network, March 21, 2007
· Speaker, "NASABA Idol: An Interactive Class and Critique On Presenting Opening Statements," NASABA 2007 Annual Convention, San Francisco, CA, June 2007
· Panel Speaker, "The Bar Speaks," United States District Court for the District of Massachusetts Judicial Conference, Newton, MA, 2007
· Panel Speaker, "Shedding Legacy Liabilities," discussing the treatment of claims arising from and termination of ERISA and non-ERISA benefit plans under the Bankruptcy Code, American Bankruptcy Institute Northeast Conference, Newport, RI, July 2006
· Panel Moderator, "Breakfast with the Judges," North American South Asian Bar Association Annual Convention; Atlanta, GS, June 2006
· Speaker, "Anatomy of Malpractice Litigation," Indian Medical Association of New England Continuing Medical Education Program, March 2006
· Keynote Speaker, Boston University School of Law Women's Law Association "Meet the Women Night," March 2006
· Speaker, Indian Medical Association of New England Annual Dinner, November 2005
· Panel Speaker, "South Asian Career Development Panel," Boston University School of Law, April 2005
· Panel Speaker, "Culture, Community and the Law," Suffolk University Law School, March 2005
· Panel Speaker, "Reflections on the Role of Indian Americans in US Politics After Election 2004," Indian American Forum for Political Education, November 2004