With significant technical background and diverse trial and appellate experience, David Cole represents clients in complex commercial litigation. He has been lead trial counsel and participated in trial teams in cases in the United States District Courts for the Districts of Massachusetts and Rhode Island as well as the Massachusetts Superior Court. He has also briefed cases in the United States Courts of Appeals for the Federal Circuit and First Circuit, the Judicial Panel on Multidistrict Litigation, and in the Massachusetts Appeals Court. David has a focus in intellectual property litigation, reflecting in part his four years of work prior to law school as a private laboratory research chemist focusing on such technologies as concerned biocides, ceramers, low-VOC coatings, and molecular modeling.
David also defends national corporations in consumer and other class action suits, and represents independent power producers in controversies over power purchase agreements and other energy-related matters. His insurance coverage litigation work has involved claims related to environmental indemnification.
In addition to his commercial litigation practice, David is active in pro bono matters. He has defended First Amendment and freedom of speech rights of a street performance artist (helping prevent a town's proposed restrictive bylaws) and a private university's student television station (convincing a special administrative panel to overturn the Chancellor's decision to dissolve the station because of the controversial content of one of its programs). He also successfully represented a non-profit affordable housing developer in its defense of an abutter's appeal of its 40B comprehensive permit.
Representative Experience
The following is a brief summary of David's experience and accomplishments:
· Represented a medical device manufacture in a contract dispute with its former software vendor regarding the customization and deployment of a clinical trials management system. A jury verdict was obtained in favor of the manufacturer.
· Represented patentee in patent infringement matter against a manufacturer of automated histology equipment. The judgment obtained was the fifth highest verdict in Massachusetts in 2007.
· Represented the owners of a power plant in Western Massachusetts in litigation against municipal power purchasers who alleged that the owners breached the parties' power purchase agreement and the implied covenant of good faith and fair dealing, and violated Massachusetts consumer protection statute, Chapter 93A. The complaint was dismissed after a three-week trial. The judgment was affirmed on appeal.
· Represented Biogen Idec and Genzyme in multidistrict litigation against Columbia University seeking declaratory judgment of invalidity and unenforceability of a patent on recombinant DNA technology. A royalty-free covenant not to sue was obtained.
· Represented a financial institution in litigation against plaintiffs seeking class certification for their claims under the Electronic Funds Transfer Act and Chapter 93A. Class certification was denied and arbitration of the plaintiffs' individual claims was later compelled under the arbitration clause of the parties' agreement.
· Represented a corporation pursuing its insurer for reimbursement of defense and indemnification costs incurred in relation to a Superfund site. After a jury trial and evidentiary hearing on damages, judgment was entered against the insurer for over $5.5 million and was affirmed on appeal to the First Circuit.
Professional / Civic Involvement
· American Bar Association
· American Intellectual Property Law Association
· Boston Bar Association
· Federal Circuit Bar Association
· American Chemical Society
· Boston Partners in Education's Power Lunch Program - reading to children in the Boston Public Schools
· Volunteer at a community non-profit radio station on Cape Cod
Publications
· Judicial Discretion and the "Sunk Costs" Strategy of Government Agencies, 30 B.C. ENVTL. AFF. L. REV. 689 (2003)
· Analytical Chronology of Palazzolo v. Rhode Island, 30 B.C. ENVTL. AFF. L. REV. 171 (2002)
· Co-author, New Adhesives for Rigid-Flex Printed Wiring Board Fabrication, 33rd International SAMPE Technical Conference (Seattle, WA, 2001)
Industries
Energy and Regulated Industries
Honors/Awards
BOSTON COLLEGE ENVIRONMENTAL AFFAIRS LAW REVIEW, Editor-in-Chief
Recipient of the Lyne, Woodworth and Evarts Award for Outstanding Editorial Work on Publications (Boston College Law School)
Related Professional Experience
Environmental Law (Political Science 201), Boston College