Joel practices as Special Counsel at Mintz in the Litigation Section, with a particular focus on litigation that creates recovery opportunities for institutional investors, as well as real estate litigation and insurance matters. As a key member of the Institutional Class Action Recovery Practice, Joel advises institutional investors with respect to the monitoring and evaluation of both foreign and domestic securities and antitrust class actions, and has helped collect over $8 billion for institutional clients. He has represented various clients in evaluating whether to opt out of or object to class settlements throughout the world. Joel, along with the rest of the Institutional Class Action Recovery Practice, represents mutual funds, institutional investors, public pension funds, trusts, investment advisors, and individuals as claimants in thousands of cases, both foreign and domestic, handling approximately 350 cases concurrently, with up to several million dollars in recoveries per week.
A well-rounded attorney, in addition to his work with institutional investors, Joel has an active real estate litigation practice, representing developers, property owners, and financing agencies, particularly with respect to land use litigation and permitting disputes. Joel has expertise in real estate disputes involving municipal zoning board hearings and decisions, zoning appeals, and Chapter 40B affordable housing issues. A seasoned litigator, he advises clients at all stages of civil litigation, from pre-litigation counseling and investigation through discovery, alternative dispute resolution, trial, and the appeals process.
Joel also has extensive experience representing primary and excess insurers and reinsurers in complex coverage disputes arising under representations and warranties and commercial general liability policies.
Before joining the firm, Joel held a clerkship position with the Massachusetts Supreme Judicial Court, serving under, the late Chief Justice Ralph D. Gants. He has also held internship positions in the litigation sections of law firms in Boston, and in the Insurance and Financial Services Division of the Massachusetts Attorney General’s Office.
Experience
Institutional Investor Class Action Recovery
- Represented institutional investors in monitoring and/or participating in virtually all U.S. securities class actions, regulatory settlements, and other investor class actions.
- Represented institutional investors in monitoring and/or participating as opt-out claimants or parties in antitrust and securities class actions involving interest rate and currency manipulation claims.
- Represented mutual funds and other institutional investors in evaluating and participating in global recovery opportunities, including securities and antitrust cases in Australia, Brazil, Canada, China, England, Denmark, Germany, Italy, Japan, the Netherlands, South Africa and Taiwan.
Real Estate
- Obtained dismissal of lawsuit brought by a municipality challenging a funding agency’s determination of eligibility for a Comprehensive Permit.
- Successfully appealed to the DHCD a municipality’s determination that it had achieved an affordable housing statutory minimum.
- Represented clients in front of local zoning boards in Massachusetts land zone proceedings.
Insurance
- Defended an insurer against claims that it converted subrogation claims, obtaining summary judgment from the US District Court for the District of Oregon.
- Represented clients in evaluating coverage disputes under representation and warranties and general commercial liability policies.
viewpoints
Recent Second Circuit Opinion Underscores the Importance of Engaging Experienced Counsel to File and Perfect Class Action Claims
July 11, 2023 | Blog | By Joel Rothman, Peter M. Saparoff
The U.S. Court of Appeals for the Second Circuit (“Second Circuit”) recently issued an important decision concerning challenging the rejection of claims made by class members in settled U.S. class actions. Contant v. AMA Cap., LLC, No. 21-3058 (2d Cir. Apr. 14, 2023). In sum, the Second Circuit affirmed the decision of the U.S. District Court denying a class claimant’s (the “Claimant”) request for the court to overturn the claims administrator’s rejection of the Claimant’s claims.
The Last Remaining FX Defendant Prevails at Trial
April 5, 2023 | Blog | By Elizabeth M. Platonova, Joel Rothman
Class Plaintiffs in the case of In re Foreign Exchange Benchmark Rates AntiTrust Litigation alleged that Defendant banks conspired to fix prices in the foreign exchange (“FX”) market in violation of Sections 1 and 3 of the Sherman Antitrust Act. All but one of the Defendant banks settled several years ago for a total of $2.3 billion. Defendant Credit Suisse decided to proceed to trial, and on October 20, 2022, a Manhattan federal jury found that Credit Suisse played no part in a conspiracy to fix the foreign currency exchange market.
Recent First Circuit Opinion in SEC v. Lemelson Provides a Roadmap for Section 10(b) Cases Involving an Opinion Defense
January 20, 2023 | Blog | By Joel Rothman, Elizabeth M. Platonova
On January 3, 2023, the First Circuit released an opinion that provides a straightforward analysis of the legal standards for determining if statements are non-actionable opinions, as well as the viability of materiality and scienter defenses.
Court Finds Proposed Opt Out Provisions to Be Too Burdensome
October 13, 2021 | Blog | By Joel Rothman, Sofia Nuño
Second Circuit Revives Antitrust Class Action Brought by Two Non-Existent Entities
April 5, 2021 | Blog | By Aaron Fenton
Two Isn’t Always Better Than One: SDNY Denies Class Certification Where Lead Plaintiff Hired Two Firms
October 21, 2020 | Blog | By Ellen Shapiro
How a Prior DOJ Settlement Doomed a SEC Enforcement Action: A Volkswagen Case Study
September 10, 2020 | Blog | By Ellen Shapiro
Ninth Circuit to Determine Whether Direct Listing Purchasers Have Standing Under Sections 11 and 12 of 1933 Act
August 25, 2020 | Blog | By Alain Mathieu, Joel Rothman
News & Press
Mintz Recovers Over $400M for Institutional Investor Clients in 2024
November 14, 2024
Mintz's Institutional Investor Class Action Recovery Practice has recovered $400 million for institutional investor clients in 2024 and expects projects for recoveries exceeding $500 million by year end.
The Evolving Frontier Of Foreign Securities Litigation
January 7, 2019
Mintz Honored by JD Supra's 2018 Reader's Choice Awards
March 19, 2018
Business Torts in Massachusetts
August 8, 2017
Textualism Takes Center Stage In CalPERS V. ANZ Securities
April 20, 2017
Will Securities Antitrust Cases Invite More Objections Because of the Complexity of Their Distribution Plans?
June 23, 2016
Involvement
- Former Member, Board of Trustees & General Counsel, Infant Toddler Children’s Center in Acton, Massachusetts
- Former Member, Board of Trustees, Concord Children's Center in Concord, Massachusetts