John J. Tumilty: Lawyer with Edwards Wildman Palmer LLP

John J. Tumilty

Partner
Boston,  MA  U.S.A.
Phone617-951-3372

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Complex Litigation
  • Securities Litigation
  • Class Action
  • Probate & Fiduciary Litigation
  • Commercial Litigation
  • White Collar & Government Enforcement
  • Consumer Products & Retail
  • Healthcare
  • Technology
  • Media & Telecommunications
 
University Boston College, B.A., 1983
 
Law SchoolSuffolk University Law School, J.D., cum laude, 1991
 
Admitted1991, Massachusetts; 1992, U.S. District Court, District of Massachusetts and U.S. Court of Appeals, First Circuit
 
Memberships 

Memberships

Boston Bar Association
Federal Bar Association
Massachusetts Bar Association
American Bar Association

 
BornBoston, Massachusetts, May 10, 1961
 
Biography

John is a member, and former Co-Chair, of the Firm's Commercial Litigation Practice Group. He has handled numerous complex business disputes for companies, partnerships, and individuals involved in litigation, arbitration, and mediation concerning issues ranging from ongoing management and operational issues to contractual, licensing, and dissolution issues. John has substantial experience successfully representing clients involved in a variety of commercial litigation matters involving breach of contract, unfair trade practices, breach of fiduciary duty, fraud, and misrepresentation claims.

In addition, John also has significant experience in securities disputes, including disputes involving allegations of securities fraud, accounting irregularities, failure to disclose material information, false disclosures, control person liability, breaches of fiduciary duty, and negligence. John has defended both entities and individuals, whether general partners, officers, directors, or brokers, against such allegations in the context of class actions, derivative actions, individual actions, as well as in arbitration proceedings before the Financial Industry Regulatory Authority and its predecessor the National Association of Securities Dealers. John, and teams of other firm lawyers, have also conducted internal investigations in the mutual fund area for a Fortune 100 financial services company and for companies analyzing their stock option practices.

John also represents grantors, trustees, and beneficiaries in trust and probate disputes.

John has trial and appellate experience in both state and federal courts and before various arbitration bodies. John has represented domestic and foreign clients in courts across the country, including in Massachusetts, Rhode Island, New York, Florida, Virginia, Pennsylvania, Ohio, Illinois, California, Delaware, Maryland, Connecticut, and the District of Columbia. John also has represented clients from the United States, France, and Sweden in international arbitrations. John has been included in New England Super Lawyers, a Thomson Reuters publication, since 2010.
•Successful defense of affiliates of Takeda Pharmaceutical Company in a class action arising out of Takeda's $8.8 billion acquisition of Millennium Pharmaceuticals, convincing the court to deny plaintiff's request for injunctive relief enjoining a tender offer and merger.

•Successful defense of affiliates of ABRY Partners in two class actions in different states challenging the $1.2 billion acquisition of RCN Corporation, enabling our client to complete its acquisition of RCN Corporation.

•Successful defense of affiliates of ASSA ABLOY Inc. in five class actions in different states arising out of a tender offer to acquire the outstanding stock of LaserCard Corporation.

•Successfully obtained the dismissal of all claims against a group of former directors of Amp'd Mobile, Inc. in an adversary proceeding brought in the United States Bankruptcy Court in Delaware in connection with the company's bankruptcy, including claims arising from the redemption of stock and other payments by the company at a time when the company's capital allegedly was impaired.

•Successful defense of a purported nationwide class action brought by lessees against a finance lessor and one of its dealers. The alleged class consisted of approximately 25,000 lessees who leased virtual terminals or the ability to process credit card transactions over the Internet in connection with the sale of their products.

•Successfully obtained the dismissal a class action brought under the Massachusetts Consumer Protection Statute against a national retailer by a purported class of consumers alleging unfair and deceptive trade practices.

•Successfully obtained the dismissal of a Rule 10b-5 fraud and control person liability securities class action based on alleged accounting irregularities on behalf of a microticket leasing company and various officers. Successfully defended the decision on appeal.

•The successful representation of a plaintiff limited partnership and its general partner in an action against a transfer agent who was refusing to register the transfer of in excess of $50 million worth of securities purchased in multiple tender offers.

•Successfully obtained the dismissal of a federal securities class action arising out of a rights offering involving a limited partnership.

•Successfully obtained the dismissal of all claims brought in the Delaware Chancery Court by a group of plaintiff investors against two clients in connection with the clients' decision to withdraw and ultimate withdrawal as the majority investors in entities designed to launch a takeover of a French conglomerate.

•Obtained the dismissal of various claims and partial summary judgment on other claims on a 11 count complaint alleging class, individual, and derivative claims for fraud, breach of fiduciary duty, negligent misrepresentation, breach of contract, and civil conspiracy involving a securities offering, the subsequent operations of the subject real estate development entity, and the eventual restructuring of $125 million in debt. Following the favorable rulings on summary judgment the case settled on terms favorable to the client.

•Obtained a settlement that ultimately proved affirmatively beneficial to the client in a consolidated action in the Delaware Chancery Court concerning alleged fraud and breach of fiduciary duty claims arising out of a rights offering.

•Obtained the dismissal of an NASD arbitration in which the plaintiffs alleged fraud, deceit, negligence, breach of fiduciary duty, breach of contract, and negligent and/or fraudulent marketing against a brokerage firm and several individuals.

•The successful defense of a limited partnership and its managing general partner in an action for an accounting and breach of fiduciary duty concerning distributions made over a ten year period in a two-tiered real estate limited partnership structure involving eleven limited partnerships.

•The successful representation of a plaintiff general partner concerning the property management of one of the largest apartment complexes on the East Coast. Full attorney's fees and costs awarded in favor of the plaintiff. Affirmed on appeal.

•Successful defense of several doctors in a business dissolution case involving claims for breach of contract, breach of fiduciary duty, and violation of the Massachusetts Unfair Business Practices Act.

•Various representations of grantors, trustees, and beneficiaries in actions involving trusts with multi-million dollar values, including a multi-million dollar recovery for trust beneficiaries.

Experience

Performing for Perfume Purveyor

Edwards Wildman lawyers in New York advised specialty retailer Perfumania in the acquisition of Parlux Fragrances completed in April 2012.

Acquisition of Allied Healthcare by Saga Group Limited

We represented UK-based Allied Healthcare International Inc. in its acquisition for cash by merger by Saga Group Limited in October 2011.

Insights
Edwards Wildman Client Advisory: Recent D.C. Circuit Opinion Holding President Obama's Recess Appointments to the NLRB Unconstitutional Could Impact the Regulatory Powers of the CFPB
January 2013 publication
Relationship Challenges for General Counsel: Internal and External
June 9, 2009 event
Litigating to Win Through Advanced Trial Advocacy
June 19, 2008 event
Client Advisory - Supreme Court Requires Plaintiff to Meet Stringent Pleading Standard: Under PSLRA's Strong Inference Requirement, Courts Must Consider Plausible Inferences Favoring Defendants
July 3, 2007 publication
A House Divided: When the Board Investigates Senior Management
May 8, 2007 event

News
Edwards Wildman's John Tumilty and Joe Rutkowski Write Article Commercial Disparagement Claims in Massachusetts Lawyers Weekly
April 8, 2013 news
Edwards Wildman's John Tumilty and Raymond Ripple Provide Tips to Businesses Facing Potential CFPB Investigations in Inside Counsel
November 27, 2012 news
Writing for Inside Counsel, John Tumilty and Katherine Guarino Review Confusing Provisions of UDAAP
September 14, 2012 news
John Tumilty and Raymond Ripple Write About UDAAP's Unintended Consequences in National Mortgage News
July 23, 2012 news
The Sweet Smell of Success
April 20, 2012 news
EAPD Attorneys Selected For Inclusion in Super Lawyers 2010
October 7, 2010 news

 
ISLN901661027
 


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Office Information

John J. Tumilty

111 Huntington Avenue
BostonMA 02199-7613




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