Complex Trial & Appellate Litigation

Chief Justice Margaret Marshall, Justin Wolosz,
Macey Russell, Mark Cahill, Bob Buchanan,
John Nadas, Joan Lukey

Blue Chip Clients

Lead counsel for blue chip clients, including:

Avis/Budget
Bank of America
Cabot Corporation
Caesars Entertainment
CIGNA
CGI
EMC
Fidelity
Heritage Partners
Hewlett-Packard
John Hancock
Liberty Mutual
Major Law Firms
RLI
Samsung
Summit Partners
The Hartford
TransCanada
Travelers

Breadth & Depth

Extensive experience in broad range of business disputes, representing both plaintiffs and defendants, involving:

Antitrust
Appellate
Breach of fiduciary duty
Challenging governmental actions
Complex contract
Constitutional law
Construction
Consumer class action
False Claims Act
Mergers and acquisitions
Personal injury
Products liability
Professional negligence
Real estate
Tort claims
Trade secret

 

Complex Trial & Appellate Litigation

"extremely responsive, business goal-oriented and realistic about risks and outcomes"

Chambers USA

Experts in Trial and Appellate Work

Experts in helping sophisticated clients resolve challenging business disputes through litigation, including trials, arbitrations, appeals and settlements.

Bench Strength

Comprehensive team of leading litigators consistently recognized for excellence, including:

  • Former Chief Justice of Massachusetts Supreme Judicial Court
  • Former President and three Fellows of American College of Trial Lawyers
  • Former Vice President and General Counsel Harvard University
  • Class of 2012 Lifetime Achiever, American Lawyer
  • Two former Presidents of Boston Bar Association
  • Former Chairman of Massachusetts Judicial Nominating Commission
  • Two Burton Awards for Excellence in Legal Writing
  • Chambers USA, Chambers Global: Band Two Litigator
  • The Best Lawyers in America
  • Expert Guide’s Guide to the World’s Leading Lawyers
  • Benchmark Litigation
  • LawDragon 500

Focused on Resolution

Ability to learn and understand clients’ business and unique issues, apply skills and experience to problem at hand and help achieve an effective resolution.

Reach

Representation before federal and state trial and appellate courts and government agencies and in arbitrations across United States and internationally.

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

Representative Engagements

 

  • Healthcare website provider – As publicly reported, Choate represents a major website design and implementation vendor in a False Claims Act investigation undertaken by the Massachusetts Attorney General in connection with the client’s work on the Massachusetts healthcare website.
  • Choate is trial counsel for Hewlett-Packard in California state court contract litigation against Oracle.  In a first trial phase, the court interpreted the contract, and a promissory estoppel claim, in HP’s favor.  Claimed damages are $4 billion.
  • Casino operator – In the matter of Caesars Entertainment Corporation et al. v. Crosby et al., Choate’s clients seek to enjoin the publication and dissemination of a Suitability Report issued by the Investigation & Enforcement Bureau of the Massachusetts Gaming Commission in connection with the Boston-area gaming license.  The Caesars Entities contend that the Chairman of the Commission, and his subordinate the Director of the Bureau, conspired in violating Plaintiffs’ civil rights, to force Caesars out of the process in order to assist a beneficiary, Crosby’s personal friend and former business partner, of the sole competitor.
  • Internationally renowned author: Choate represents an internationally bestselling author in long-standing litigation against her former business managers for breach of fiduciary duty and malpractice.
  • Choate is US litigation counsel for Hewlett-Packard in a variety of claims arising from HP’s purchase of Autonomy Corporation plc for $11 billion.
  • Choate obtained dismissal of would-be federal class action relating to the sale of printer ink cartridges.  The Court’s ruling was the first case in the nation to address the antitrust analysis of dual distribution in private label sales.
  • Choate was retained, on appeal, to represent affiliates of Hartford Insurance Group in a federal action brought by British and Continental European reinsurers who alleged that they were induced by fraud to enter contracts.  On appeal, Choate secured a reversal of a $106 million verdict against Hartford affiliates.
  • Choate was retained, on appeal, to represent Clare, Inc. in a breach of contract case arising out of an unsuccessful ASIC development.  Choate secured a reversal of a $35 million jury award.
  • Choate represented TransCanada in a challenge to a state law which provided that utilities must enter into long-term contracts for renewable energy and that generators must be based in Massachusetts.  In response to Choate’s motion for an injunction the state agency suspended an unconstitutional provision in the statute.
  • Choate represented CIGNA Corporation in a False Claims Act case which alleged violation of federal law in connection with programs relating to Social Security Disability Insurance Benefits.  The matter was settled on a basis which was very favorable to CIGNA.
  • Choate obtained a defense verdict following a two week long Federal court jury trial in a $120 million extracontractual and bad faith suit against a major insurer.
  • Choate successfully defended an international company against self-dealing claims brought by a minority shareholder in a $150 million business valuation dispute.  After a one week trial, the minority shares were valued at less than ten percent of the amount sought by the plaintiff.
  • Choate successfully prosecuted breach of financial warranty and fraud claims against, and obtained an eight figure settlement from, sellers of various private manufacturing companies.
  • Choate obtained a defense verdict and a seven figure counterclaim jury award of compensatory and punitive damages against a plaintiff who breached a letter of intent in a private business purchase transaction.
  • Choate represents John Hancock in a federal action seeking to recoup in excess of $100 million for alleged misrepresentation and breach of contract relating to investments in pharmaceutical research and development programs.  The case, tried in federal court for 10 days, awaits decision.
  • Choate litigators have substantial experience prosecuting and defending disputes stemming from private M&A transactions, including working capital and earnout disputes, fraud claims, business valuations and complex indemnification disputes.
 

Thank you for reaching out to contact Choate. Before you send your message, we wanted to make sure you are aware of the following. Please do not send any confidential information in response to this link. Sending an e-mail to Choate does not give rise to an attorney-client relationship, and will not be deemed to disqualify Choate from undertaking any engagement for a current or future client.  Before any attorney-client engagement may be formed, Choate will need to check for possible conflicts of interest, you will need to consider whether you wish to retain Choate as counsel, and we will need to consider whether we wish to accept the potential engagement. In the meantime, Choate reserves the right to represent parties with interests adverse to you.

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