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| Practice Areas | Major Commercial Litigation; Products Liability; Litigation; Business; Antitrust | | | Education | Harvard University, J.D., 1985, Cornell University, B.A., 1982 | | | Admitted | 1985, Massachusetts | |
| Memberships | Boston and Massachusetts (Member, Committee of Professional Ethics) Bar Associations. | | | Born | 1960 | | | Biography | Major Commercial Litigation: complex business-to-business litigation, civil fraud, insurance and general commercial advice and litigation. Significant Torts and Disasters: fires and explosions, products liability work, industrial accident investigation and defense, personal injury and insurance defense. Product Recalls: advice and oversight regarding consumer product recalls, including Consumer Products Safety Commission Fast Track recalls. | | | ISLN | 907997946 | | | Transactions | Served as lead counsel for state governmental entity in state court action concerning the preemption of local control over the operations of the state entity. Succeeded in obtaining judgment on "case stated" basis in favor of state entity in April 2007, less than six months after the commencement of litigation. Served as lead counsel for investor in federal court declaratory judgment action concerning the investor's obligation to make further payments under a multi-million dollar agreement with major pharmaceutical company to financially support the development of series of pharmaceutical compounds. Succeeded in obtaining summary judgment on claims with value in excess of $100 million on "case stated" basis in favor of investor in district court in September 2005 after period of expedited discovery. Argued and obtained affirmance of district court's decision in U.S. Court of Appeals for First Circuit in September 2006. Served as lead counsel for major life insurance company as plaintiff in federal court action arising out of proposed borrowers' failure to close multi-million dollar commercial mortgage loan. At issue was enforceability of loan commitment and amount of damages, if any, suffered by insurer as a result of borrowers' failure to close committed loan. Succeeded in winning $2.64 million jury verdict in favor of insurer in May 2006. The case subsequently settled for full amount of resulting judgment, plus substantial portion of insurer's attorney's fees and costs. Served as lead counsel for respondent, international medical diagnostic company, in multi-week, multi-phase arbitration proceeding in California and related federal court litigation in Massachusetts involving collaboration for development of fully-automated nucleic acid diagnostic testing system. Matter settled in 2006 prior to issuance of final decision by arbitrator. Served as lead counsel and primary government liaison for major home products manufacturer in nationwide recall of potentially defective electrical device in 2006. Interacted with Consumer Products Safety Commission, and directed creation and successful implementation of manufacturer's Corrective Action Plan. Served as lead counsel for group of defendant lenders in state court action alleging that certain payment provisions of sophisticated, multi-million dollar mezzanine financing agreement were "unconscionable" and "unenforceable." Succeeded in obtaining summary judgment in favor of defendant lenders in March 2004. Argued and obtained affirmance of lower court's decision regarding enforceability of agreement in Massachusetts Appeals Court in August 2005. Served as lead counsel for major international fiber supplier in multi-party, state court product liability action arising out of largest explosion and fire loss in Massachusetts history (over $500 million). Succeeded in obtaining voluntary dismissal of Choate's client from litigation for nominal sum after aggressive defense effort. Served as co-counsel for manufacturer/supplier in series of state and federal court actions involving interpretation and enforcement of various multi-million dollar supply contracts concerning rare metal used in production of electronic components. Assisted in obtaining multiple summary judgment decisions in favor of Choate's client, and in obtaining affirmance of state court judgment by Massachusetts Supreme Judicial Court in March 2007. Served as lead counsel for defendant manufacturer in multi-party, state court action arising out of chemical explosion and fire at industrial facility in Boston area. The principal plaintiffs were eleven responding firefighters who were injured in explosion and their spouses. Following successful settlement with individual plaintiffs, tried related third-party contribution claim against independent chemical supplier to jury for three-and-a-half weeks, resulting in substantial settlement during trial. | |
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