Diana Lloyd, Mark Cahill, Mike Gass, Paul Popeo, Macey Russell
Choate successfully represented Hewlett-Packard in a major contract dispute relating to HP’s claim that Oracle is obligated to port its software to certain of HP’s platforms. Choate handled the cross-examination of Oracle’s principal witnesses in California Superior Court, and the Court ultimately ruled in our client’s favor—repeatedly citing testimony elicited on cross-examination. Oracle has since resumed porting its software as demanded by HP.
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Michael Dube has joined the firm as a partner in Securities Litigation and Major Commercial Litigation, where he will provide sophisticated counsel regarding SEC and internal investigations, the Dodd-Frank whistleblower rules and a wide range of business litigation matters. Read more...
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Macey Russell has recently been selected to serve as a member of the Suffolk University Board of Trustees and the Beth Israel Deaconess Medical Center Board of Overseers.
Choate litigators won dismissal of an antitrust class action in the first decision of its kind to apply vertical analysis in the area of private label retailing—a sector that has become increasingly important during the recession. Class action lawyers attacked an agreement between high-tech manufacturer Hewlett-Packard and its leading retailer, Staples, alleging that the agreement had an unlawful impact on private label sales. By demonstrating that the agreement was lawful because HP and Staples have a primarily vertical relationship, Choate’s original and creative defense won dismissal of the case.
Choate saved energy customers more than $100 million by successfully upending a state law requiring that utilities enter into long-term renewable energy contracts only with Massachusetts-based generators. In this industry-leading lawsuit on behalf of client TransCanada, Choate created a buzz in the energy industry by successfully demonstrating that the law violated the Commerce Clause of the US Constitution.
Choate litigators recently won a $5.75 million jury verdict and a major sanctions award for life sciences company Clinical Data, Inc. The case arose from a former chief executive officer’s breach of contract, breach of fiduciary duty and misuse of Clinical Data’s confidential information. Choate successfully demonstrated that the former chief executive had exploited Clinical Data’s trade secrets for his own benefit, and the jury awarded the company almost two times the amount of its estimated damages. Prior to trial, Choate litigators further proved that the former chief executive had intentionally destroyed relevant evidence, which resulted in an adverse inference being drawn against him at trial and a court order dismissing all of his claims and awarding Clinical Data $243,000 in sanctions.
"a solid firm with good bench strength, constantly involved in high-end work"
Nationally Recognized in Commercial Litigation
Expert trial lawyers represent leading corporations and financial institutions in significant and complex commercial litigation across US.
Preeminence in Complex Financial/Business Litigation
Preeminent practice in representing public companies, accounting firms, investment bankers, underwriters, venture capitalists, private equity firms and others in complex financial transaction litigation, including:
- Major contractual disputes
- Corporate governance
- Financial statements
- Financial instruments
- Press disclosures
- Rights under complex partnership agreements
- SEC filings
Significant Tort Defense
Extensive experience in tort defense work, including:
- Major industrial accidents
- Large scale property damage claims
- Products liability
- Wrongful death actions
Leader in Class Action Defense
Leader in litigating class action claims in federal and state courts throughout US, including:
- Accounting fraud
- Consumer protection & unfair trade
Leading Securities Litigation Practice
Leading practice in representing public companies and officers and directors in securities fraud cases across US, including:
- Internal investigations
- SEC, FINRA and state securities division investigations
- SEC civil investigations and proceedings
- SEC white collar defense
Expert in Antitrust
Expert in all areas of antitrust, including litigating antitrust cases and managing antitrust issues in complex transactions such as mergers, joint ventures, IP licensing and pricing. Representing and advising clients in Hart-Scott-Rodino compliance and federal and state antitrust law:
- Federal Trade Commission
- US Department of Justice
- State Attorney Generals’ Offices
Foremost in e-Discovery
Breakthrough e-discovery practice uses next-generation technologies—some of which Choate has helped to develop—to provide tailored, accurate results for fraction of time and cost of traditional discovery:
- Expertly selected combinations of programs achieve optimal results in each case
- Rapid data processing facilitates early case assessment
- Complex relationship analysis finds hot documents that would otherwise be missed
Lead counsel in cases of regional and national significance, including:
- Bedi v. Hewlett-Packard Company
- John Hancock v. Abbott Laboratories
- MBTA v. City of Somerville and City of Melrose
- Billings v. GTFM, LLC
- Seguros Caracas de Liberty Mutual v. Goldman Sachs
- Reisman v. KPMG Peat Marwick LLP
Over 75 trial lawyers and skilled litigation support team members with expertise in securities, corporate, tax, finance, healthcare, IP, tort, and labor & employment.
Lawyers throughout practice areas consistently receive national recognition for excellence. Named a “Go-to Firm” in Litigation in 2013 by Corporate Counsel. Nationally recognized as one of the leading practices of its kind by US News & World Report.
Representation before federal and state courts and government agencies and in arbitrations across United States and internationally.