Ed Heath is a partner in the firm's Business Litigation Group and is chair of its White-Collar Defense and Corporate Compliance Practice Team. He practices business, criminal, and probate litigation. Mr. Heath has tried matters to verdict in state and federal courts, and he has represented international and domestic corporations in venues throughout the United States in business litigation cases dealing with contracts, trade regulation, fraud, and intellectual property issues. He defended Connecticut's largest municipality in a four-month civil trial in 2008 that arose from a multiyear federal corruption investigation; the jury ultimately rejected the plaintiff's $80 million claim, entering a verdict in favor of Mr. Heath's client. More recently, he successfully defended a Connecticut probate court judge accused of professional misconduct. In civil, criminal, and government investigation matters, Mr. Heath's clients have included technology companies; international manufacturers; financial institutions; nonprofits, such as health care, educational, religious, and political organizations and institutions; professional associations, such as law firms and accounting firms; municipalities; government officials, both elected and appointed; judges; and media personalities. Mr. Heath is also chair of Robinson & Cole's Pro Bono Committee and sits on the Hartford Advisory Board of the Pro Bono Partnership, an organization that helps nonprofits in the tristate area obtain free legal assistance. Professional Associations - Connecticut Bar Association, 1999 to present - Federal Bar Association, 2001 to present - American Bar Association, Section of Litigation, Business Torts Litigation Committee Community Involvement - University of Connecticut School of Law, Adjunct Professor Honors and Awards - Hartford Business Journal, 2010 "40 Under Forty" Inductee - Listed as a Rising Star in Connecticut Super Lawyers® in the area of Business Litigation since 2010 (Super Lawyers is a registered trademark of Key Professional Media, Inc.) Experience Business Litigation - Served on trial team for Connecticut's largest municipality in a four-month, multidefendant jury trial. A real estate developer had brought a $100 million breach of contract case in connection with a $1 billion waterfront development. The jury returned a verdict in favor of our client on all counts. - Brought deceptive practices case on behalf of national Internet company against the Better Business Bureau seeking an injunction directing the Better Business Bureau to cease awarding improved ratings to businesses who paid a fee. Within days after the trial, the Better Business Bureau abandoned the challenged practice. - Represented international manufacturing company in arbitration asserting claims against former CEO for fraud in connection with CEO's acquisition of controlling in company. The company alleged that the CEO acquired the stock at an artificially low price and then sought to sell it back to the company at an artificially high price. Following the company prevailing in a Connecticut Superior Court declaratory judgment action over which contract controlled the arbitration, the matter settled with the CEO selling the stock back to the company at a fraction of his initial demand. - Represented an international reinsurance company and a number of its subsidiaries and executives in a federal court lawsuit brought by an entity that had been one of the company's national sales agents. The former agent sought more than $20 million in damages, asserting claims for, among other things, unfair trade practices, fraud, conversion, misappropriation, and breach of contract. The dispute centered on the calculation of commissions purportedly due to the agent in connection with extensive lines of reinsurance business, as well as the way in which the company handled the agent's clients and proprietary information following the termination of the parties' relationship. After prevailing on a motion to stay certain claims and compel arbitration of the bulk of the dispute, we worked closely with the company's executives, in-house lawyers, and actuaries to develop a record that demonstrated no wrongdoing on the company's part. As a result, we were able to settle the case to our client's satisfaction without the costs of formal discovery or courtroom time beyond the initial motion. - Defended Swedish manufacturer of musical instruments in a civil action in federal court in Florida. The plaintiff claimed to have been our client's exclusive U.S. distributor and that our client's decision to terminate the parties' relationship was improper. The plaintiff sought in excess of $1 million in damages. The matter was resolved by settlement. - Defeated motion for temporary injunction filed against managed care organization by doctor who had been terminated from provider network and sought to be reinstated. Following limited discovery, obtained summary judgment in client's favor, and defended that judgment upon appeal. - Represented graphic design corporation in an action against former employees, former owners and competitor involving claims under the Connecticut Trade Secrets Act and the Connecticut Unfair Trade Practices Act stemming from the sale of the business and certain intellectual property. The matter was resolved by a multi-party settlement. - Counseled foreign brewery in connection with a dispute regarding its termination of a distributor in North Carolina. As a result of our negotiations, no lawsuit was filed and the matter settled for a nominal sum. - Counseled international technology manufacturer with respect to its contemplated termination of relationships with several businesses throughout the United States. The client was concerned that, the other parties might have been considered distributors or franchisees under the laws of Illinois, Georgia, Tennessee, Michigan, Wisconsin and a number of additional states, and thus the advice focused on how the terminations could be accomplished in a manner consistent with those states' distributor, franchisee, and other trade regulation laws. Class Action - Successfully opposed attempt to certify proposed nationwide class action brought by franchisees against franchisor alleging claims for, among other things, fraud, negligent misrepresentation, and breach of contract. Following victory on the certification issue, the matter proceeded to a settlement. - Defended Medicaid member class action involving allegations of due process violations against health maintenance organization. - Represented insurer in class action filed by members of a trade association alleging conduct in violation of the Connecticut Unfair Trade Practices Act relating to the payment and processing of claims for auto body repairs. - Defending publicly traded Internet company against action brought in Connecticut federal court on behalf of putative national class action alleging claims under federal and state consumer protection statutes. Government Investigations/Criminal Defense - Represented lead defendant in federal murder and drug conspiracy trial. The defendant was accused of serving as the boss of an "open-air drug bazaar" in Hartford's North End and participating in a related drive-by shooting that resulted in the death of another person. - Representation of a major Northeastern accounting firm in connection with federal investigations in Connecticut and Massachusetts involving the United States Attorney's Office, the Internal Revenue Service, the Federal Bureau of Investigation, and the Department of Labor. All of the investigations concluded with no criminal charges, administrative penalties, or civil actions filed against the client or its personnel. Publications & Presentations Articles - "Another Route To Enjoining Deceptive Business Practices" (March 14, 2011), published in Connecticut Law Tribune - "Drawing the Line Between Descriptive and Suggestive Trademarks," coauthored with John M. Tanski (Fall 2010), published in Commercial & Business Litigation, a newsletter of the American Bar Association's Section of Litigation - "That's Priviledged - Or Is It?," coauthored with John M. Tanski (3/2008), published in Connecticut Law Tribune - "How Federal Judges Use Legislative History" (1999), published in Journal of Legislation Presentations - "The Law of Departing Employees and Business Partners: Commonly Asserted Tort and Contract Claims" (11/2007), coauthored with John M. Tanski for the CBA seminar "Hey! You Stole My Business" - "Litigating the Connecticut Class Action: Initiating the Case, Pre-Certification Discovery, Obtaining and Defending Certification, Trying and Settling Class Claims" (Spring 2006) presented at Connecticut Bar Association Law Center Seminar - "Connecticut Discovery Ethics" (9/23/2003) presented at Lorman Seminar, Connecticut Discovery Practice News 11.02.11, Robinson & Cole Lawyers Participating in Lawyers Collaborative for Diversity Mentoring Program 10.20.11, Managing Partner Encourages Pro Bono Work at Summit 6.13.11, Pro Bono Committee Plans Summit to Encourage Pro Bono Legal Work 3.18.11, Ed Heath Writes About Unfair Trade and Sales Acts for Connecticut Law Tribune 11.29.10, New United States Attorney Pledges to Aggressively Pursue White-Collar Crime with Blue-Collar Tactics 10.22.10, Two Robinson & Cole Attorneys Receive 40 Under Forty Award 7.27.10, Two Robinson & Cole Attorneys Named to Hartford Business Journal's "40 Under Forty" 4.15.10, "What To Do When the Government Knocks" Do's and Don'ts 3.24.10, Robinson & Cole Partner Quoted on Value of Pro Bono Trustee Work 8.18.09, Robinson & Cole's Pro Bono Work Featured Prominently in Connecticut Law Tribune Feature Story 6.12.09, Robinson & Cole Attorneys Co-author Article for Connecticut Business & Industry Association |