Appellate

Life Sciences

• Secured a complete dismissal of a product liability case and appellate attorney’s fees at the Massachusetts Appeals Court on behalf of one of the world’s largest biotechnology companies by successfully arguing to uphold the state high court’s initial dismissal and the lower court’s denial of the motion for relief from judgment.
• Successfully represented Vertex Pharmaceuticals, Inc. in a securities class action complaint filed against Vertex and the company’s senior executives by Local No. 8 IBEW Retirement Plan and Trust. We successfully rebuffed plaintiffs twice in the District Court, ultimately securing victory when the First Circuit affirmed the dismissal of claims, in a decision crystalizing the standard required to plead scienter in securities fraud cases.
• Defeated class certification and obtained judgment on the pleadings in favor of defendants on all counts in a securities class action against Keryx Biopharmaceuticals and four of its former officers and then successfully defended that judgment on appeal before the First Circuit.

Technology

• Represented a national telecommunications company in an appeal from a state agency ruling that threatened to prevent the sale of a major product. A week before trial, the state Attorney General acknowledged that the agency had no defense and consented to the entry of a declaratory judgment in favor of the client.
• Represented an air-conditioner manufacturer on appeal and succeeded in affirming the dismissal of all claims against the client.

Healthcare

• Briefed, argued, and won before the Massachusetts Supreme Judicial Court a case of statutory first impression and constitutional dimensional concerning the interpretation of G. L. c. 123, § 12, which raised the question how long a patient in psychiatric distress may be cared for in an emergency department while waiting for a bed in an appropriate in-patient psychiatric facility.
• Represented a national prescription benefit management company in a case where The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment in favor of our client.
• The US Court of Appeals for the Seventh Circuit affirmed the district court’s ruling dismissing the plaintiff’s False Claims Act qui tam suit against Mintz Levin’s client, a multi-regional retail pharmacy corporation.

Insurance & Financial Services

• Secured a rare reversal of summary judgment ruling in Massachusetts Appeals Court on behalf of a major multinational insurer, involving liability claims amounting to $30 million. 
• Obtained dismissal with prejudice of federal and state court complaints asserted against a futures commission merchant (FCM) by investors in a commodity pool who alleged that the FCM aided and abetted a Ponzi scheme perpetrated by the pool operator. We secured a favorable opinion by the Fifth Circuit Court of Appeals in a case of first impression interpreting the Commodity Exchange Act.
• Successfully defended Citizens Bank against putative class allegations of aiding and abetting fraud and breach of fiduciary in connection with a $100 million Ponzi scheme. The Western District of NY dismissed the complaint, with prejudice. The dismissal was upheld by the Second Circuit Court of Appeals.
• Represented a former employee of a pre-eminent financial services industry firm charged with violations of the securities laws in connection with the firm's sale of funds invested in subprime securities. Prevailed in a three week trial before the SEC’s Chief Administrative Law Judge, and again before the First Circuit Court of Appeals.
• Defended a hedge fund against securities and unfair business practice claims in a case in which the Massachusetts Appeals Court upheld the lower court’s entry of judgment after trial in favor of our client.
• Represented the defendants-respondents in an appeal concerning a forum selection clause in an insurance contract.
• Successfully appealed decision dismissing investment funds’ action for legal malpractice and breach of fiduciary duty against former counsel.
• Represented a Canadian insurance company in its reinsurance contract dispute with an American insurance company. The US Court of Appeals for the First Circuit affirmed the District of Massachusetts’s award of summary judgment to our client.

Non-Profit Organizations

• Filed a pro bono amicus brief on behalf of the Massachusetts Coalition for the Homeless, the ACLU of Massachusetts and two plaintiffs in a case against the City of Fall River related to the enforcement of the so-called “panhandling statute”, violations of which previously resulted in fines and potential criminal prosecutions. Adopting arguments that we advanced on behalf of the amici, the Massachusetts Supreme Judicial Court concluded that the statue is unconstitutional on its face under the First Amendment to the United States Constitution and the Massachusetts Declaration of Rights.

Professional Services

• Filed an amicus brief in the Seventh Circuit on behalf of national trade associations in connection with an appeal from a lower court ruling certifying a national product liability class. Adopting arguments that we advanced on behalf of the amici, the Seventh Circuit reversed the lower court ruling and decertified the plaintiff class.
• Obtained a decision by the Connecticut Supreme Court that reversed an injunction and a seven-figure judgment against our client on trade secret and unfair competition claims.

Real Estate, Hospitality, Construction & Infrastructure

• Won a complete dismissal with prejudice of a $3 billion RICO case filed against our client, Wynn Resorts in the District of Massachusetts. The case was brought by Sterling Suffolk Racecourse as part of an ongoing legal battle with Wynn over competing casino projects in the greater Boston area. The matter involved a collection of salacious allegations cutting across multiple jurisdictions, but our team was ultimately successful in arguing that Suffolk had failed to prove a pattern of racketeering activity, a necessity in a RICO case.
• Argued an appeal of a Comprehensive Permit before the Supreme Judicial Court, which affirmed our client’s Comprehensive Permit for a residential development of approximately 150 units.
• Obtained a decision by the New York Appellate Division to set aside the jury verdict against our client, a high-profile real estate developer, in a race discrimination case.
• Defended the developer of a mixed use project, which included over 60 residential units, in an appeal brought by a competing shopping center.

Retail & Consumer Products

• Represented a marketing agency in a case concerning breach of contract and unfair business practice claims in the food industry. The California Court of Appeal ruled in favor of our client in upholding the trial court’s refusal to compel arbitration.
• Represented the appellant in this case concerning tax liabilities relating to escrow release contracts arising out of the settlements of class action tobacco litigation.
• Represented an eyewear company in a successful appeal to the Federal Circuit, obtaining summary judgment in a patent infringement case.