E. Macey Russell

Partner

t 617-248-4012   f 617-248-4000

In 2007, the Governor appointed Macey Russell to the Judicial Nominating Commission which recommends judicial appointments at all levels throughout the Commonwealth.  After serving as Vice Chairman in 2010, the Governor appointed Mr. Russell Chairman of the Commission beginning in 2011.  In 2009, Massachusetts Lawyers Weekly named Mr. Russell a “Diversity Hero.”  In 2009, Litigation Counsel of America named Mr. Russell to its Trial Lawyer Honorary Society composed of less than one-half of one percent of American lawyers.  In 2011, the American Bar Foundation named him a Fellow, which is reserved for one third of one percent of attorneys in his jurisdiction.  Also in 2011, the Boston Bar Association appointed Mr. Russell as Co-Chair of its Diversity and Inclusion Committee.  The Burton Foundation and Library of Congress honored Mr. Russell with a 2011 Burton Award for excellence in legal writing for his co-authored article “Developing Great Minority Lawyers for the Next Generation.”  Mr. Russell is also listed in Best Lawyers in America.

Since 1989, Mr. Russell has been a frequent advisor and contributor to Harvard University Law School’s Trial Advocacy Workshop.

Practice Focus

Financial Institution and Complex Commercial Litigation:  representation of financial institutions, banks, businesses and corporations in disputes involving contracts, securities, investments, and lending arrangements, and in class action matters in state court, federal court and in arbitrations.

Representative Engagements

Class Actions

  • Representation of financial institution as Massachusetts counsel in class action law suit involving claims of improperly preventing customers from making on-line payments to cure default prior to repossession of collateral. 
  • Representation of financial institution as Massachusetts counsel in multi-district class action law suit involving claims of improper fee notices to customers in violation of federal banking statutes. 
  • Represented financial institution in lease financing litigation matters and in class action case involving claims of improper insurance rebate procedures.
  • Representation of corporation as Massachusetts counsel in multi-district consolidated class action case involving claims that fruit products contain unreasonably high levels of lead.

Investment Litigation

  • Representation of parent corporation in multiple lawsuits against claims brought by hedge fund investors for losses on theory that parent is liable for decision of its subsidiary corporation, as general partner, to engage Wall Street investment manager who stole partnership funds using Ponzi scheme.
  • Representation of investment advisory firm in connection with claims brought by client against firm resulting from financial losses sustained by client in his stock portfolio. 
  • Representation of financial institution in action brought by investors against investment fund and its managers for fraud; case also addressed claims by investors that financial institution participated “in the fraud” indirectly by endorsing fund managers and creating vehicle to invest retirement funds into alternative investment vehicles. 
  • Representation of investment fund in litigation arising out of claims of discrimination in residential mortgage lending.

Asset Based Litigation

  • Representation of financial institution in federal court litigation and related adversary proceeding in bankruptcy court involving claims of fraudulent conveyance of assets while litigation was pending.
  • Represented various financial institutions in lender liability litigation arising out of claims of wrongful foreclosure, wrongful repossession of pledged assets, failure to fund or continue to fund loan obligations, and in connection with credit related claims. 
  • Representation of financial institution in floor plan financing litigation and related fraud claims.

Real Estate Related Litigation

  • Representation of financial institution in connection with analysis of borrowers’ defaults under $250 million commercial real estate loan facility secured by properties in several states.
  • Representation of client in litigation relating to claim to form real estate trust for benefit of heirs, and related claims for constructive trust or resulting trust.
  • Representation of trustee of commercial real estate backed securities fund in lawsuit by borrower seeking modification of loan terms.
  • Representation of client in eminent domain action over taking and valuation of property.
  • Representation of client in action to quiet title to real estate in context of registration proceeding in land court.
  • Representation of financial institution in litigation brought against developer of real estate and defense of lender liability claims.
  • Representation of OREO-ARM of financial institution in litigation over sale of real estate and violations of restrictive covenants.
  • Representation of financial institution in claims against loan servicer for refusing to grant loan modification of commercial note without trustee approval.
  • Representation of trust as successor-in-interest to potential responsible party in Department of Environmental Protection Superfund clean-up action seeking to recover costs for allegedly contaminating public dump site over 60 years ago.
  • Represented Federal Deposit Insurance Corporation with respect to bankruptcy of Bank of New England Corporation and its subsidiary, Bank of New England Mortgage Company, regarding value of mortgage loan servicing rights and potential fraudulent conveyance of servicing rights by the subsidiary banks.
    Dr. Ben S. Branch, Trustee of Bank of New England Corporation v. Federal Deposit Insurance Corporation, Receiver for Bank of New England, US District Court

Consumer Litigation

  • Representation of financial institution in claims under Fair Credit Reporting Act involving challenges of financial institution reports to credit reporting agencies.
  • Representation of financial institutions in claims under Fair Debt Collection Act.

Commercial Litigation

  • Represented physician in federal court litigation and related arbitration for breach of contract including claims relating to physician privileges.
  • Representation of company on action against former employee for misappropriation of trade secret and confidential information.
  • Representation of companies and businesses in variety of commercial disputes arising out of sales of goods and provision of services.
  • Representation of technology corporation in connection with action following audit to recoup funds misappropriated by corporate officers who were prior owners hired post-acquisition to manage business. 

Investigations

  • Conducted internal investigation of executive level officer for potential misconduct and misappropriation of confidential information.
  • Conducted internal investigation on leaks of confidential board information.

Publications and Presentations

Faculty:  Harvard University Law School Trial Advocacy Workshop (1989-1990, 1992-1994, 1996-1998, 2000-2007, 2009-2010): taught all aspects of trial preparation including opening and closing arguments, examination and cross-examination of lay and expert witnesses and the use of demonstrative evidence at trial.

Author

  • “Resisting Challenges to the Diversity Value Proposition,” author, IILP Review 2012: The State of Diversity and Inclusion in the Legal Profession, July 2013.
  • “Developing Great Minority Lawyers for the Next Generation,” co-author, ACC Docket, July/August 2010.
  • “Wider Pipeline is Vital to Progress,” author, The National Law Journal, October 19, 2009.
  • “Chapter 12, Part II Demonstrative Evidence,” co-author, Massachusetts Superior Court Civil Practice Manual (MCLE Inc. 1997 and supp. 2002, 2005, 2007).

Moderator

  • “The Business Case for Diversity: Reality or Wishful Thinking?” moderator, American Bar Association Section of Litigation Annual Conference, Chicago, April 2013.
  • “The Future of Boston Law Firms in a Global Economy,” moderator, Boston Bar Association’s Diversity & Inclusion Section, Boston, June 2012.
  • “Many Faces of Leadership II,” honorary chairperson, emcee and moderator of Business Panel, The Boston Leadership Development Foundation Conference, Commonwealth of Massachusetts State House, October 21, 2005.
  • “First Annual Leadership Conference,” honorary chairperson, emcee and moderator of Corporate Panel, The Boston Jaycees Leadership Foundation, The Boston Globe, October 17, 2003.
  • “National Summit on Retention of Minority Lawyers in the Private Sector,” moderator and panelist, American Bar Association, Commission on Minorities, Boston, Massachusetts, April 27-28, 2000.
  • “A Look at Racial and Gender Diversity After Proposition 209 and Texaco,” moderator and panelist, American Bar Association Annual Meeting, San Francisco, California, August 2, 1997.
  • “Waiting to Exhale: Coping with Frustration and Stress in the Legal Profession,” moderator and panelist, ABA Law Practice Management Diversity Task Force and Commission on Opportunities for Minorities in the Profession, Orlando, Florida, August 2, 1996.

Lecturer

  • “Challenges of Diversifying Law Firms and Organizational Change,” guest lecturer, Bentley College, Waltham, MA, December 8, 2008. 
  • “What it Means to be a Black Lawyer Today,” guest lecturer, New England School of Law, Boston, MA, January 22, 2003.
  • “Diversity in the Legal Profession,” guest lecturer, Suffolk University Law School (Professor Lisle Baker), Boston, Massachusetts, Fall 2001.
  • “Empowerment Within the Legal Profession—A Diversity Perspective,” guest lecturer, The Hagen School of Business, Iona College, New Rochelle, New York, February 1, 2000.

Panelist

  • "Diversity in Legal Services and in the Boston Legal Community," speaker, Boston Bar Association's Delivery of Legal Services and Diversity & Inclusion Sections, Boston, January 2014.
  • “Increasing Diversity in Our Practice,” speaker, Massachusetts Defense Lawyers Association, Boston, April 2013.
  • “Your Practice, Your Bar Leadership and Your Life… It’s a Balancing Act,” speaker, Boston Bar Association Bar Leadership Institute for Affinity Bar Associations, Boston, April 2013.
  • “By Any Means Necessary – Effecting Change With the Tools in Your Hands,” panelist, Harvard Black Law Students Association Spring Conference, March 2012.
  • “Achievable Next-Generation Strategies for Diversity and Inclusion,” co-organizer, Charles Hamilton Houston Institute for Race and Justice at Harvard Law School, Cambridge, MA, May 2011.
  • “Establishing a Culture of Excellence in Your Organization: Beyond Diversity and Inclusion,” panelist, ABA Business Law Section Spring Meeting, April 15, 2011.
  • “Alone at the Top: Are Enough Minorities Climbing the Large Law Firm Ladder,” guest speaker, Boston College Law School, Newton, MA, February 5, 2009.
  • “Affinity Groups and Diversity Initiatives,” guest speaker, The 16th Annual Marketing Partner Forum, The Hildebrandt Institute, Dana Point, CA, January 28, 2009.
  • “Selling Litigation—Three Successful Rainmakers Share Their Secrets,” panelist, The Hildebrandt Institute, Virtual Seminar,  May 21, 2008.
  • “The Big Law Firm: Whose Club is it Now?” panelist, The First Annual, First Circuit ABA Conference on Diversity and Law, Harvard University Law School, April 26, 2003. 
  • “The Need for Ethnic and Racial Diversity and How to Attain It at the BBA,” panelist, Boston Bar Association Leadership Retreat, Stockbridge, Massachusetts, October 22, 1999.

Professional and Community Involvement

Mr. Russell co-chairs the firm’s Diversity Committee and is a member of the firm’s Hiring Committee. 

Mr. Russell is active in several legal organizations, including:

  • Member, The Fellows of the American Bar Foundation (August 2011 – present).
  • Board of Directors, Center for Law and Education (May 2009 – 2010).
  • Co-Chair, Diversity and Inclusion Section, Boston Bar Association (2011 – present).
  • Steering Committee, Boston Bar Association’s Diversity and Inclusion Section (September 2010 – 2011).
  • Co-Chair, Pipeline Subcommittee, Boston Bar Association’s Diversity and Inclusion Section (September 2010 – 2011).
  • Chairman, Commonwealth of Massachusetts’ Judicial Nominating Commission (2011 – present); Vice Chairman (2010 – 2011);        Member (2007-2010).
  • Executive Committee, Boston Lawyers Group (2008 – present).
  • Charles Hamilton Houston Institute for Race and Justice at Harvard Law School Leadership Advisory Council (April 2011 – present), Pro Bono – “School to Prison Pipeline Project” (2008 – present).
  • Dean’s Advisory Committee, Suffolk University Law School (2005 – 2011).
  • Member, Boston Bar Foundation Grants Committee (2006 – 2010).
  • Founding Committee Member, Charting Your Own Course Foundation, Minority In-House Counsel/Associate Career Conference (1999 – 2002) Washington, DC.
  • Planning Committee Member, National Summit on the Retention of Minority Lawyers in the Private Sector, Commission on Opportunities for Minorities, American Bar Association (1999). 
  • Chairperson, Diversity Committee (1996 – 1999) and Council Member (1997 – 1999).
  • Law Practice Management Section, American Bar Association (1996 to present). 
  • Executive Committee, Massachusetts Black Lawyers Association
    (1995 – 1997).
  • Advisory Committee (1997 – 1998), Conference of Minority Partners, American Bar Association. 
  • Board of Editors, Massachusetts Lawyers Weekly (1995 – 1997).

Mr. Russell is also active in several non-profit organizations including:

  • Board of Trustees, Suffolk University, Boston, MA (October 2011 – present).
  • Board of Overseers, Beth Israel Deaconess Medical Center, Boston, MA (October 2011 – present).
  • Board of Fellows, Trinity College, Hartford, CT (2009 – 2012).
  • President, Director and Founder, The Boston Leadership Development Foundation Inc (2006 – present).
  • Founder, President and Chairperson, The Reaching Back Foundation Inc, Boston, MA (1996 – present).
  • Business Liaison Committee, Boston 2004, Inc., Democratic National Convention, Boston, MA.
  • Represented the NAACP Boston Chapter as pro bonocounsel in litigation of civil rights claims on behalf of minority school children relating to the constitutionality of the admissions policy to public examination schools.
    Sarah Wessman v. Boston School Committee, et al
    , D Mass
  • Past Chairperson, 21st Century Committee of the Boston Chapter NAACP, Boston, MA.
  • Past Director, Newton Pop Warner Football and Cheerleading Program.
  • Past Executive Vice President, The New England Colleges Fund, North Andover, MA.
  • Past President, The Brockton Boys & Girls Club, Brockton, MA.
  • Past President, The Black Alumni Association and Board of National Alumni Association, Trinity College, Hartford, CT.
 

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