James P. Ponsetto is a trial attorney with broad experience involving complex business and bankruptcy-related litigation. Jim has served as counsel for corporations and individuals in federal and state courts, before arbitration panels, and in connection with mediation proceedings. He litigates various types of disputes, including disputes in proceedings in bankruptcy court, breach of contract claims, securities claims, intellectual property matters, title insurance disputes, lender liability claims (including Truth-in-Lending disputes), construction disputes, and related matters. His bankruptcy litigation experience involves adversary proceedings and contested matters concerning multiple subjects, including fraudulent conveyance actions (including preference actions), claim disputes, motions to dismiss Chapter 11 proceedings, and confirmation disputes.
Areas of Concentration
· Business litigation
· Bankruptcy litigation
· Securities arbitration
· Contract disputes
· Intellectual property disputes
· Title insurance disputes
· Lender liability, including Truth-in-Lending claims
· Commercial landlord-tenant disputes
· Appellate work
Professional & Community Involvement
· Member, American Bar Association
· Member, Boston Bar Association
· Member, Massachusetts Association of Trial Lawyers
· Acted as litigation counsel for Larry Winget, sole shareholder of Michigan-based Tier-1 automotive supplier, and for various companies owned or controlled by him, in connection with contested confirmation proceeding in the U.S. Bankruptcy Court for the Eastern District of Michigan, and related, protracted adversary proceedings, culminating in an advantageous global settlement in 2011. In re NM Holdings Company, LLC.
· Acted as litigation counsel for bankruptcy trustee in the U.S. Bankruptcy Court for the District of Delaware in separate contested matters related to claims by Nova Scotia unlimited company (ULC) against its sole member to recover for the ULC's outstanding debts and liabilities, including obligations to satisfy bondholder claims. In re AbitibiBowater, Inc. and In re Smurfit Stone Container Corporation.
· Acted as litigation counsel for lender, Metropolitan Life Company, in the U.S. Bankruptcy Court for the Southern District of New York, concerning motion to dismiss Chapter 11 case of debtor/real estate special purpose entity to which client extended significant loan. In re General Growth Properties.
· Acted as litigation counsel for debtor in the United States Bankruptcy Court for the District of Delaware in connection with complaint for specific performance against foreign buyer who failed to close 363 acquisitions of debtors' assets. In re Syntax-Brillian Corp.
· Acted as litigation counsel for commercial landlord in the U.S. Bankruptcy Court for the Southern District of New York in successful eviction proceedings involving Rockefeller Center commercial tenant. In re Fifth Avenue Restaurant Acquisition Corp.
· Acted as litigation counsel for a Deutsche Bank mortgage subsidiary in connection with the defense of a lender liability claim involving TILA claims and related GL c. 93A claims. DeSimone v. MortgageIT.
· Acted as arbitration counsel for Nichols College in connection with a claim against a general contractor to recover for the defective design and construction of an athletic complex. Nichols College v. Rosewood Development.
· Acted as arbitration counsel for multiple broker-dealers in connection with various customer claims, including but not limited to allegations of unsuitability, churning, breach of fiduciary duty, unauthorized trading and related claims.
Publications & Presentations
Articles, Lectures & Publications
· Lecturer, Massachusetts Continuing Legal Education (MCLE)