Robert J. Kaler
Robert J. Kaler
+1.617.854.1443

Overview

Robert J. Kaler is a leading trial and appellate lawyer practicing in the areas of commercial and public contracts; international trade and investment; major infrastructure, engineering and construction projects; large-scale information technology systems; financial services, banking and securities transactions; unfair competition and false advertising disputes; intellectual property and trade secret rights; medical device and healthcare issues; commercial real estate disputes; business tort claims such as fraud, libel, disparagement and breach of fiduciary duty; and other complex commercial litigation and U.S. and international arbitration. He is ranked in Best Lawyers in America (Commercial Litigation; Construction Law), Martindale Hubbell Law Directory (AV Preeminent), U.S. News & World Report and other prominent legal reviews, including Chambers USA – America's Leading Lawyers for Business guide (Litigation: General Commercial), which has described him as "an incredibly smart lawyer" handling "a variety of commercial disputes, class actions, and IP litigations on behalf of major corporations," and has quoted clients as reporting that:

"He's very thorough, doesn't leave anything to chance and is excellent in court."

– Chambers USA – America's Leading Lawyers for Business 2023 Guide

Mr. Kaler is a member of the Massachusetts, New York and District of Columbia bars, and has served as lead counsel for public and private companies, major banks and financial institutions, government authorities and agencies, and private organizations and individuals in numerous high stakes jury and non-jury trials, class actions, domestic and international arbitrations (e.g. International Chamber of Commerce, American Arbitration Association), and administrative proceedings before U.S. government agencies such as the U.S. International Trade Commission (USITC), and Government Accountability Office (GAO).

In the engineering-construction area, for example, Mr. Kaler represented one of the nation's largest convention centers in a highly publicized litigation against its design firms, and after five weeks of jury trial obtained a recovery of more than $24 million in damages to repair the structure. In the financial area, he defended one of the world's largest private leasing companies against $55 million fraud and breach of fiduciary duty claims in a federal court jury trial, and obtained a jury verdict exonerating the company and awarding it substantial damages and costs. In the intellectual property area, he represented a major electronics manufacturer in a lengthy federal court trial in New York in which he obtained a jury verdict clearing his clients of trade secret misappropriation claims and awarding them $1.2 million in contract damages.

In arbitration, he has, among other cases, successfully represented a NYSE manufacturing company in a multimillion dollar claim against its robotics system provider, defended a technology company against $20 million fraud and negligent misrepresentation claims, presented multiple engineering and construction delay and disruption claims, and defended a large European financial institution against major breach of contract claims arising out of its acquisition of a defective computer system. He also successfully represented a leading healthcare organization in federal court litigation in Virginia over the failure of its new enterprise resource planning (ERP) system; obtained federal court injunctions in Massachusetts requiring the operator of a client's 1,200-mile fiber optic telecom network to continue to perform its contract during the pendency of a dispute; and successfully defended a medical device manufacturer against $150 million class action securities fraud claims, among other cases.

Mr. Kaler has substantial appellate as well as trial and arbitration experience, having represented clients in the U.S. Supreme Court, the U.S. Courts of Appeals for the First, Second, Third and Fourth Circuits, and various state appellate courts. Many of the cases he has argued on appeal have established significant legal precedents in the areas of complex commercial contracts, see Axia NetMedia Corp. v. Mass. Tech. Park Corp., 889 F.3d 1 (1st Cir.2018), 973 F.3d 133, 135 (1st Cir. 2020); engineering and construction law, G4S Technology v. Mass. Tech. Park Corp., 479 Mass. 721, 99 N.E.2d 728 (Supreme Judicial Court 2018); federal securities law, In re Boston Scientific Securities Litigation, 686 F.3d 21 (1st Cir. 2012); false and deceptive advertising law, Cashmere and Camel Hair Manufacturers Inst. v. Saks Fifth Avenue, 284 F.3d 302 (1st Cir. 2002), cert den. 537 U.S. 1001 (2002), CCIA v. Associated Dry Goods Corporation, 799 F.2d 6 (1st Cir. 1986); insurance law, Tamerlane v. Warwick Insurance Co., 412 Mass. 486, 590 N.E.2d 191 (1992), and other areas.

In the area of public service, he also spends a significant amount of time on pro bono work, advising and representing mentally disabled applicants for Social Security disability benefits, both administratively and in U.S. District Court. See, e.g., Cordeiro v. Saul, 391 F.Supp.3d 170 (D. Mass. 2019) (vacating Social Security Administration decision denying SSDI disability benefits to pro bono client), recons. den., 2019 WL 7039613 (2019); Pelkey v. Saul, 2021 U.S. Dist. LEXIS 92910 (D. Mass. 2021) (granting motion to remand pro bono client's case to Social Security Administration for consideration of additional evidence). He is a member of the LCA's Diversity Law Institute, which works toward achieving greater diversity in the legal profession and justice system. He is also a member of the American and International Bar Associations, the Defense Research Institute, the Federal Bar Association, and many other professional organizations and groups.

(Per NYRPC 7.1: Attorney Advertising. Prior results do not guarantee a similar outcome.)

Representative Experience

  • Trial Counsel for a Large European Company in an ICC International Arbitration Arising Out of a U.S. Engineering and Construction Project (2022-2024)
    Represented European steel producer in a dispute arising out of its supply of high strength steel for use on a major U.S. engineering and construction project, in an international arbitration conducted under the rules of the International Chamber of Commerce (ICC) based in Paris, France, with evidentiary hearings in New York.  Obtained multimillion-dollar award in favor of client, plus costs, attorneys fees and post-judgment interest, after a two-year proceeding.
  • Defended Global Financial Services and Investment Advisory Firm in Breach of Fiduciary Duty and Merger Agreement Contract Litigation (2021-2024)
    Trial and appellate counsel for U.S. financial services firm and its management successfully defending against claims of breach of fiduciary duty and alleged violation of a merger and acquisition agreement for the acquisition of an investment advisory firm. Obtained protective orders limiting excessive discovery, followed by a final judgment in favor of the client, after two years of litigation, and successfully defended that judgment on appeal.
  • Trial Counsel for International Trade Association in U.S. District Court Actions Challenging False Advertising on the Internet (2021-2023)
    Successfully represented international trade association of manufacturers and distributors in U.S. District Court actions challenging the false and deceptive advertising of various products on the Internet, both in the United States and abroad. Obtained final judgment and permanent injunction preventing the continued marketing and sale of relevant products in first action, and satisfactorily settled the second action.
  • Represented National Government Contractor in Court Challenging the Implementation of a Multiyear Public Procurement for IT and Related Services (2021-2022)
    Obtained preliminary and permanent injunctions invalidating a large-scale public procurement that failed to comply with statutory fair and competitive bidding process requirements, and reversing an improper termination of client's contract by a public authority, which was followed by a successful renewal of that contract.
  • Defense of National Financial Institution in Class Action Alleging Violation of Federal Banking Laws (2020-2021)
    Successful defense of a large national bank against a U.S. District Court class action litigation asserting claims under the Electronic Fund Transfer Act, 15 U.S.C. §1693, and its implementing Regulation E, relating to interbank funds transfers. Plaintiff sought substantial damages and injunctive relief, and claimed violation of multiple federal statutes and Consumer Financial Protection Bureau regulations. Case resolved within a year after commencement.
  • Lead Counsel for U.S.-Based Biomedical Research Organization in Enterprise Resource Planning (ERP) Systems Litigation
    Represented leading U.S.-based biomedical research organization, specializing in the acquisition, manufacture, storage, and distribution of standard reference microorganisms and tissue types, in a large-scale internal investigation of and subsequent U.S. District Court litigation over the failure of its new enterprise resource planning (ERP) system. Case was resolved nine months after its commencement.
  • Intellectual Property/Information Technology Trade Secrets Litigation
    Successfully defended an application software development company in a $20 million-plus breach of contract, unfair trade practices, tortious interference, and trade secret misappropriation case arising out of a worldwide product line purchase and distribution agreement for sophisticated Geospatial data processing software. See Netezza Corporation v. Intelligent Integration Systems, Inc., C.A. No. 09-4961-BLS1 (Mass. Sup. Ct. Business Litigation Section).
  • Lead Trial and Appellate Counsel for Fiber Optic Telecommunications Network in Engineering and Commercial Contract Matters
    Defended major telecommunications network, both in the trial court and on appeal, against large-scale breach of contract claims by the design-builder of its 1,200-mile fiber optic broadband cable system. See G4S Technology, LLC v. Massachusetts Technology Park Corporation, 33 Mass. L. Rep. 301 (2016), 34 Mass. L. Rep. 142 (2017); 479 Mass. 721, 99 N.E.3d 728 (2018); Axia NetMedia Corporation v. Mass. Tech. Park Corp., 252 F.Supp.3d 52 (D. Mass. 2017), aff'd, 889 F.3d 1 (1st Cir. 2018).
  • Defense of NYSE Company Against $150 Million Securities Fraud Class Action and Appeal
    Defended NYSE-listed medical device company against securities fraud claims under the Securities Exchange Act of 1934 and SEC Rule 10b-5, obtained a final judgment in the U.S. District Court dismissing those claims, and successfully defended against the plaintiffs' appeal of that judgment in the U.S. Court of Appeals for the First Circuit. See In Re Boston Scientific Securities Litigation, 2011 U.S. Dist. LEXIS 106042, Fed. Sec. L. Rep. (CCH) P96545 (D. Mass.), affirmed, 686 F.3d 21 (1st Cir. 2012).
  • U.S. District Court Jury Trial of $52 Million Fraud Claim Against International Equipment Financing Company
    Defended a large international equipment finance leasing company in a multimillion-dollar federal court jury trial involving claims of breach of contract, fraudulent and negligent inducement, secured transaction issues under the Uniform Commercial Code, and alleged breach of fiduciary duty. Obtained jury verdict in favor of the client and an award of $2.8 million in litigation costs after four years of litigation and a three-week jury trial. See CSI Leasing, Inc. v. Lycos, Inc., C.A. No. 05-10017-RWZ (D. Mass.).
  • State Court Jury Trial of $28 Million Engineering and Design Defect Claims for Public Convention Center Owner
    Represented the Massachusetts Convention Center Authority in its multi-year litigation against the joint venture of architectural and engineering firms that designed the new 1.7 Million-square-foot Boston Convention and Exhibition Center. Client recovered $24 Million in damages to correct design deficiencies in roof drainage, waterproofing, roadway, heating, ventilation and air conditioning systems after five weeks of jury trial. See Massachusetts Convention Center Authority v. HNTB Corporation, et al., C.A. No. 04-4335 BLS (Mass.).
  • U.S. District Court Jury Trial of $55 Million Technology Failure Claim Against Two Major Engineering Firms
    Successfully defended two multinational corporations against $55 Million fraud and breach of contract claims in a federal court jury trial arising out of international agreements for the transfer of chemical reprocessing technology used in the design and construction of a large chemical plant in Gujarat, India. Obtained jury verdict exonerating the clients and recovering licensing fees owed to them. See Mistry Prabhudas Manji Engineering Put. Ltd. v. Raytheon Engineers & Constructors, et al., 213 F. Supp. 2d 20 (D. Mass.).
  • International Litigation of $104 Million Information Technology Systems Claim
    Represented a $10 billion European bank in a successfully resolved three-year federal court litigation against its computer systems provider, including extensive international discovery, trial court proceedings, and appellate proceedings in the U.S. Court of Appeals and the United States Supreme Court. See, e.g., Ceska Sporitelna, a.s. v. Unisys Corporation, C.A. No. 96-4152, 1996 US Dist. LEXIS 15435 (E.D. Pa.), affirmed, 116 F.3d 467 (3rd Cir. 1997), cert den., 522 U.S. 1069.
  • International Arbitration for Large U.S.-Based Technology Firm Involving $93 Million in Claims
    Served as lead counsel for large U.S.-based technology corporation in a 13-month international arbitration against a major foreign commercial contractor involving claims of $93 million in total damages. Defended contract, fraud and related business tort claims arising from the technology infrastructure project operation that generated substantial economic losses. Arbitration involved extensive discovery, expert economic and technical evidence, and dozens of witnesses from both the U.S. and abroad addressing complex electronics, engineering, econometrics, and marketing issues.
  • Defense of Nationwide Insurance and Securities Companies in State Court Fraud Action
    Successfully defended national securities brokerage and insurance companies against multimillion-dollar fraud and negligence claims arising out of the former agency's administration of an employee retirement plan and allegedly negligent tax advice in connection with the sale of annuities. See Hatziiliades v. Marino, Nationwide Life Insurance Company, et al., C.A. No. 2010-CV-1849 (Mass. Super. Ct.).
  • U.S. District Court Jury Trial in Massachusetts on $30 Million Fraud and Unfair Trade Practices Claims
    Obtained a jury verdict in favor of a U.S. computer software company and its president in a four-year complex litigation, culminating in a three-week jury trial in the U.S. District Court and a subsequent appeal to the U.S. Court of Appeals, during which $30 million fraud and breach of contract claims against both clients were dismissed. See The pH Group, Ltd. v. David Birch and Cognetics, Inc., 985 F.2d 649 (1st Cir.).
  • U.S. District Court Jury Trial in New York Regarding the Sale of a $10 Million Electronics Business
    Represented a U.S. electronics firm and its president in a month-long New York Federal Court jury trial on multimillion dollar claims of fraud, unfair competition and breach of contract claims arising out of the sale of an electronics manufacturing business, and the breach of related commercial agreements. Jury awarded the individual client approximately $2 million in damages. See Robinson Laboratories, Inc.et al. v. Herley Industries, Inc., 86 Fed. Appx. 459 (2nd Cir.).
  • Defense of Medical Products Company in Trademark Infringement Action in U.S. District Court
    Massachusetts counsel in successful defense of medical products company against federal trademark infringement, dilution and unfair competition claims seeking preliminary and permanent injunctive relief and damages in U.S. District Court for the Central District of Massachusetts. See Solmetex LLC v. DentalEZ, Inc., Ramvac Dental Products, Inc., Apavia, LLC, 150 F. Supp. 3d 100 (D. Mass. 2015).
  • Defense of NYSE Life Sciences Company Against Product Liability Claims Relating to FDA-Approved Medical Device
    Successfully defended a medical device manufacturer against product liability claims in New Hampshire state court relating to Class III medical device, and obtained with prejudice dismissal of all claims on federal preemption grounds. See Daviduk v. Edwards Lifesciences (U.S.) Inc., Dkt. No. 218-2015-CV-01263 (N.H. Sup. Ct. 2016).
  • Real Estate and Environmental Litigation on Behalf of Healthcare Provider
    Successfully defended commercial tenant healthcare provider against disputed claims that it breached its lease, violated the Massachusetts Oil and Hazardous Release Prevention Act (M.G.L. c. 21E), and negligently contaminated the leased premises with hazardous materials. Case involved disputed claims that the healthcare provider was liable for the cost of an environmental cleanup under principles of subrogation. See Steadfast Insurance Co. v. The Forsythe Institute, Inc., C.A. No. 13-12169-GAO, 2014 U.S. Dist. LEXIS 141061 (D. Mass. 2014).
  • Representation of Publicly Traded Hotel Owner in Major Engineering/Construction Deficiency Case
    Successfully represented a New York Stock Exchange-listed real estate investment trust (REIT), in a multi-million dollar engineering and construction litigation seeking to recover the client's long-term costs to repair and remediate structural portions of one of its major hotel properties in Boston. Case was settled on the eve of trial after extensive pretrial fact discovery, pretrial motions practice, expert witness examinations on complex engineering and damages issues. See DiamondRock Hospitality Limited Partnership, et al. v. Suffolk Construction, et al., C.A. No. 12-0307-BLS1 (Mass. Super. Ct. 2014).
  • Defense of U.S. District Court Shareholder Derivative Action Against Public Company Directors
    Defended the board of directors of Boston Scientific Corporation (NYSE: BSX) in a shareholder derivative action filed against them in the U.S. District Court for the District of Massachusetts alleging that they breached their fiduciary duties in connection with their direction and management of the company's securities filings, financial reporting, ethics compliance, and product distribution and quality control systems. Obtained final judgment dismissing all claims against all clients with prejudice after a year of litigation. See Barrington et al. v. Abele, et al, C.A. No. 1:10-cv-11054-NMG (U.S. Dist. Ct. Mass. 2010).
  • Defense of Massachusetts State Court Shareholder Derivative Actions Against Public Company Directors
    Successfully defended the board of directors and senior officers of a large publicly traded corporation against consolidated shareholder derivative actions alleging breaches of fiduciary duty in connection with allegations raised in a federal qui tam whistleblower action against the corporation. Obtained final judgment in favor of the clients dismissing all claims against them with prejudice. See Drummond, et al. v. Tobin, et al., Kurtz, et al. v. Tobin, et al., Lin, et al. v. Tobin, et al., 28 Mass. L. Rep. 77, 2010 Mass. Super. LEXIS 345 (December 16, 2010).
  • Defense of Large Commercial Bank on UCC/Secured Transaction Claims
    Successfully defended a large commercial bank against breach of contract, fraud and unfair trade practices claims brought by the disappointed purchaser of assets in a secured party sale of machinery and intellectual property under the UCC that had been invalidated by the U.S. Bankruptcy Court. See RP Machine Enterprises, Inc. v. UPS Capital Business Credit, 2007 U.S. Dist. LEXIS 63823 (D. Mass. 2007).
  • Defense of $100 Million European Investment Fund Against U.S. District Court Securities Fraud Claims
    Defended a European investment fund against class action securities fraud claims brought in U.S. federal court pursuant to the Securities Exchange Act of 1934, § 10 (b) and SEC Rule 10b-5 arising out of the collapse of a multinational language recognition software company. See In re Lernout & Hauspie Securities Litigation, 236 F. Supp. 2d 161 (D. Mass. 2003).
  • Litigation and Arbitration of Participation Rights in a $200 Million Hedge Fund
    Represented the founding investors of an international hedge fund in a successful U.S. arbitration seeking to enforce their rights under a Subscription Agreement entitling them to share in the annual management and performance fees generated by the fund, and granting them preemptive rights of participation in related hedge fund management operations. See Idnani, et al., v. Mehrotra and Venus Capital Management, Inc., et al., C.A. No. 08-0301 - BLS 1 (Mass. 2007), affirmed, 76 Mass. App. Ct. 1125 (2010).
  • Massachusetts State Court Jury Trial on Real Estate Transaction
    Lead trial counsel in a Massachusetts Superior Court jury trial relating to the disputed exercise of option rights to a large parcel of commercial real estate in Western Massachusetts. See Polaris Development Company v. Ragsdale, C.A. No. 99-2000c (Mass. Sup. Ct. 2000).
  • False Advertising/Unfair Competition Litigation for International Trade Group
    Represented an international trade group and U.S. manufacturer in their successful appeal to the United States Court of Appeals for the First Circuit on the issue of the requirements for asserting false advertising and unfair competition claims under the federal false advertising statute, 15 U.S.C.§ 1125, et seq., and related state laws. See Cashmere and Camel Hair Manufacturers Institute et al., v. Saks Fifth Avenue, et.al., 284 F.3d 302 (1st Cir. 2002).
  • Lanham Trademark Act Litigation for National Trade Association
    Obtained preliminary and permanent injunctive relief on behalf of a national trade association against the continued marketing of mislabeled goods. Case established the standing of the trade association to seek and obtain injunctive relief under the federal Lanham Trademark Act, and clarified the requirements for obtaining such relief. See Camel Hair and Cashmere Institute of America v. Associated Dry Goods Corporation, et al., 799 F.2d 6 (1st Cir. 1986).
  • Defense of U.S. District Court Shareholder Derivative Actions in Massachusetts and Delaware
    Defense of the board of directors and senior officers of a public company against shareholder derivative actions in the federal and state courts of Delaware and Massachusetts, asserting claims of breach of fiduciary duty, corporate waste, unjust enrichment, and alleged mismanagement in connection with the company's product distribution and sales activities, and its efforts to comply with federal securities laws. See Iron Workers District Council, et al. v. Elliott, et al., C.A. No. 1:10-cv-00699-SLR (U.S. Dist. Ct. Delaware 2010); Israni v. Elliott, et al., C.A. No 10-4024 (Mass. Sup. Ct. 2010).
  • Massachusetts State Court Jury Trial for Boston Real Estate Developer on Fraudulent Conveyance Claims
    Won a jury verdict in favor of a Boston real estate developer in a state court jury trial on fraudulent conveyance and common law contribution claims arising out of the operation of a commercial building complex in Boston. The defendant's fraudulent conveyances of assets were set aside and the client was awarded damages. See Bloom v. Wolfe, et al., C.A. No 92-0472-D (Mass. Sup. Ct.).
  • Appeal to the Massachusetts Supreme Judicial Court on Insurance Industry Issue
    Lead appellate counsel for a casualty insurance company in a successful appeal to the Massachusetts Supreme Judicial Court which altered the Massachusetts rule applicable to the computation of time in insurance policy cancellation cases, but held that the change would not be applied retroactively against the client insurance company for the reasons argued on appeal. See Tamerlane v. Warwick Insurance Company, 412 Mass. 486, 590 N.E.2d 191 (1992).
  • Defense of Employee Retirement Income Security Act (ERISA) Claims
    Defended breach of fiduciary duty and related failure to investigate claims under the Employee Retirement Income Security Act of 1974 (ERISA) against a corporate director in connection with alleged losses resulting from the company plan's $46 million investment in preferred stock of the Federal Home Loan Mortgage Corporation (Freddie Mac) and the Federal National Mortgage Association (Fannie Mae). See Diana D. Merriam, et al. v. DSM, Inc., et al., C.A. No. 1:11-cv-10577 (D. Mass.).
  • Representation of Federal Reserve Bank of Boston in U.S. District Court Litigation
    Successfully defended the Federal Reserve Bank of Boston in a federal court action brought against it by an air transport company seeking to enjoin the bank's operation of the Federal Reserve's nationwide check transportation system and challenging the bank's procurement procedures for that system. See Corporate Air, Inc. v. Federal Reserve Bank of Boston, C.A. No. 91-30275-Z, 1994 US Dist. LEXIS 13757 (D. Mass. 1994).
  • New York State Supreme Court Jury Trial for Fortune 500 Company
    Defended a Fortune 500 company in a two-month jury trial in the New York State Supreme Court in Manhattan involving fraud, breach of contract, and unfair trade practices claims arising out of the multimillion dollar sale of a computerized graphics and information technology business. See, e.g., Volt Systems Development Corp. v. Raytheon Company, 155 A.D.2d 309, 547 N.Y.S.2d 280.
  • Defense of Large Commercial Bank in Securities Registration Case
    Represented a large commercial bank in a securities action brought against that bank and a number of other defendants in connection with the alleged sale of unregistered securities in violation of federal and state securities laws. See Levi C. Adams, et al. v. Hyannis Harborview, Inc., et al., 838 F.Supp. 676 (D. Mass. 1993).
  • Defense of Major Surety Company in U.S. District Court Payment Bond Litigation
    Defended a major surety company in a federal court action seeking to compel it to pay out on a surety payment bond. Court granted the client's motion to stay federal court action and compel arbitration in accordance with the underlying contract. See Thomas O'Connor & Company, Inc. v. Insurance Company of North America, 697 F.Supp. 563 (D. Mass. 1988).
  • Litigation of $50 Million Government Contract Bid Protest Proceeding
    Represented the Massachusetts Technology Collaborative and the Massachusetts Broadband Institute, instrumentalities of the Commonwealth of Massachusetts, in bid protest proceedings challenging their award of a $50 million contract for the statewide expansion of fiber optic networks. Obtained a favorable decision dismissing the bid protest and affirming that the award of the contract complied with the Massachusetts Design-Build Statute. See Maverick Constr. v MA Broadband Institute/MA Technology Collaborative, Bid Protest No. RFP 2011-MBI-08. (2011).
  • Defense of Company Director Against Shareholder Claims of Breach of Fiduciary Duty
    Obtained dismissal of shareholders' claims for declaratory relief, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, and breach of contract against a director and officer of a large private corporation arising out of a dispute concerning the implementation of stock transfer and right of first offer restrictions in the corporation's articles of organization. See Merriam v. DeMoulas, et al., C.A. No. 10-02681 (Mass. Sup. Ct 2010).
  • Appellate Securities Litigation for Overseas Investment Fund
    Served as appellate counsel for an overseas investment fund defending against securities fraud claims brought by the bankruptcy trustee of a defunct corporation. Obtained dismissal of all claims against the client. See Alan Nisselson, Trustee of Dictaphone Litigation Trust v. Jo Lernout, et al., 469 F.3d 143 (1st Cir. 2006), cert. denied, 550 U.S. 918 (2007), on remand, 568 F. Supp. 2d 137 (D. Mass. 2008).
  • Mediation and Settlement of International Contract Dispute for U.S. Electronics Company
    Represented a U.S. electronics company in pursuing breach of contract and related tort claims against a foreign company with which it had entered into an exclusive international marketing and distribution agreement governing the sale of complex audio sensor equipment. The claims were settled for a substantial payment to the client after a series of negotiation and mediation sessions in London.
  • Defense of $10 Million Structural Defect Claim
    Lead trial counsel for a U.S. construction company in a two-year arbitration (52 days of hearings) arising out of alleged structural failures in a major condominium complex. Successfully defended the client against a $10 million claim brought against it by the condominium developers, and obtained an award of over $400,000 in favor of the client.
  • Defense of Federal Reserve Bank Officer in Antitrust and Federal Securities Fraud Action
    Defended President of the Federal Reserve Bank of New York and a Director of the Bank for International Settlements (BIS) in an antitrust and securities fraud case alleging manipulation of the over-the-counter gold derivatives markets. Resulted in dismissal of Sherman Act, Securities Exchange Act, and all other claims against client after a year and half of litigation in U.S. District Court. See Howe v. Bank for International Settlements, et al., 191 F.Supp. 2d 6 (D. Mass. 2002)

Credentials

Education
  • American University, J.D.
  • Dartmouth College, B.A.
Bar Admissions/Licenses
  • District of Columbia
  • Massachusetts
  • New York
Court Admissions
  • U.S. Supreme Court
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of Columbia
  • U.S. Bankruptcy Court for the District of Columbia
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
Memberships
  • American Bar Association (ABA) 
  • Massachusetts Bar Association (MBA) 
  • Boston Bar Association (BBA)
  • District of Columbia Bar Association
  • New York State Bar Association (NYSBA)
  • Defense Research Institute (DRI) 
  • International Bar Association (IBA) 
  • Diversity Law Institute (DLI)
  • Federal Bar Association
Honors & Awards
  • The Best Lawyers in America guide, Commercial Litigation, 2018-2023, 2025; Construction Law, 2008-2025
  • Chambers USA – America's Leading Business Lawyers guide, Leaders in their Field - Litigation: General Commercial, 2010-2024
  • Lexology Client Choice Awards, 2024 (Arbitration and ADR)
  • Massachusetts Super Lawyers magazine, 2012-2023
  • Holland & Knight Pro Bono All-Star, 2021
  • Massachusetts Lawyers Weekly, Top Ten Lawyers of 2003
  • Holland & Knight Pro Bono All-Star, 2020, 2021
  • Litigation Counsel of America, Fellow
  • Martindale-Hubbell AV Rated
  • American Bar Foundation, Fellow

Publications

News