Dana is a
seasoned trial lawyer who has been elected to the American Board of Trial
Advocates and serves on the Executive Committee of its Massachusetts
Chapter.
His practice
includes business litigation, employment law, trade secrets, unfair and deceptive
trade practices, construction, antitrust, and personal injury. Dana has
obtained significant victories for clients both prosecuting and defending these
claims. Here are just a few examples of the many important cases in which he
has prevailed.
•
Served as lead counsel in a complex antitrust case in which he represented 116
plaintiffs who opted out of a class action settlement and sought over $110
million in damages. The case garnered
national media attention and settled on the eve of trial.
• Obtained
a federal injunction preventing infringement on his client’s trademark as well
as a significant settlement covering past infringement.
• Tried
a complex business dispute concerning the development and commercialization of
an automated pizza vending machine.
After a two-week jury trial, the jury returned a million-dollar
verdict.
• Tried
a complex contract action involving four clinical studies for FDA approval of a
contrast agent used in MRI technology.
Following a week-long trial, Dana obtained a significant jury award as
well as double damages and attorneys’ fees under the Massachusetts unfair and
deceptive trade practices statute.
• Tried
a real estate investment dispute in which the jury awarded over a million
dollars in actual and punitive damages.
• Tried
personal injury claims and obtained significant jury verdicts and settlements.
• Handled
a variety of FINRA and AAA arbitrations and obtained significant awards,
including double damages and attorney’s fees.
• Obtained
significant recoveries for investment banking firms and sales representatives
seeking to recover unpaid commissions and fees.
• Served
as counsel to the MBTA and Commuter Rail in connection with the 2008 collision
between a runaway freight car and a six-car commuter train in Canton,
Massachusetts.
• Successfully
defended verdicts on appeal, including a 2015 affirmance by the Massachusetts
Supreme Judicial Court involving federal preemption issues.
• Prosecuted
the first case of a top professional athlete, the world’s former No. 3 ranked
tennis player, claiming that a supplement manufacturer was responsible for a
positive steroid test caused by its contaminated product.
Before
joining Smith Duggan Buell & Rufo LLP in 2021, Dana practiced for 17 years
at Nystrom, Beckman & Paris, LLP, and 6 years at Goodwin Procter LLP.
First and
foremost, Dana strives to provide his clients with the highest level of service
while helping them achieve their objectives in a targeted and cost-efficient
manner.
