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Joel D. Rothman

Special Counsel

[email protected]

+1.617.348.4495

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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.
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viewpoints

The Securities and Exchange Commission (“SEC”) appears to be stepping up enforcement in the EB-5 area. On July 6, 2015, the SEC filed a complaint and a separate cease and desist order against the perpetrators of a Ponzi scheme targeting EB-5 investors.
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On March 19, 2015, in what can be characterized as terse and sternly worded Memorandum Order (the “Order”), Judge Swain of the Southern District denied a Motion to Sever Individual Claims (the “Motion to Sever”) filed by three funds managed by D. E. Shaw & Co (the “D. E. Shaw Funds”). 
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Upcoming Supreme Court Securities Cases

October 1, 2014 | Blog | By Chip Phinney, Joel Rothman

As the Supreme Court begins its 2014-15 term this month, it will be considering a number of securities cases, including the Omnicare case, which is scheduled for oral argument on November 3rd, and three other cases in which petitions for certiorari are currently pending before the Court. 
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In what amounted to a 6-3 decision, the Supreme Court held in Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. ___ (2014) that the presumption of reliance based on the fraud-on-the-market theory, first articulated in Basic Inc. v. Levinson, 485 U.S. 224 (1988), continues to apply to securities class actions alleging violations of  Section 10(b) of the Exchange Act and Rule 10b-5, promulgated thereunder. 
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In its 2010 Morrison decision, the Supreme Court decided that Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (“Section 10(b)”),only reaches “transactions in securities listed on domestic exchanges” and “domestic transactions in other securities,” regardless of whether the alleged fraudulent conduct occurred within the United States or caused a substantial effect within the United States. 
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On April 15, 2014 the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative.
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On February 26, 2014, the United States Supreme Court limited the reach of the Securities Litigation Uniform Standards Act of 1998 (SLUSA), thereby increasing the number of individuals and entities that may be surprised to find themselves defendants in state securities law class actions. 
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Mintz's Class Action Monitoring and Recovery practice represents mutual funds, institutional investors, public pension funds, trusts, investment advisors, and individuals as claimants in securities and antitrust class actions and regulatory settlements throughout the nation.
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News & Press

This Law360 Expert Analysis column, authored by Mintz Member Peter Saparoff and Associate Joel Rothman, discusses several recent developments which highlight why foreign securities litigation is an ever-changing scenario where nothing is definite.
Mintz is proud to be recognized by JD Supra in its 2018 Reader’s Choice awards. The annual program highlights the most widely read authors and articles throughout the past year. Five Mintz attorneys were named JD Supra Top Authors in four different industries.
Mintz Members Peter Saparoff and Adam Sisitsky, and Associate Joel Rothman co-authored the book Business Torts in Massachusetts, which provides a comprehensive and practical guide for business counsel and litigators on the wide range of "business torts" actions.
This article, co-authored by Mintz Litigation Member Joel Rothman and attorney Angela Dilenno, discusses the U.S. Supreme Court’s hearing of a case dealing with a relatively straightforward issue in the generally complex world of securities litigation.
Peter Saparoff, Co-chair of Mintz’s Securities Litigation Practice, and Joel Rothman, Mintz Boston Associate, authored this American Bar Association article discussing whether securities antitrust cases will incite an increase in objections because of the complexity of their distribution plans.
Members Peter Saparoff and Robert Kidwell and Associates Joel Rothman and Kevin Mortimer authored this ABA’s Section of Litigation column on the trend of plaintiff investors filing a growing number of class action cases against financial institutions alleging violations of U.S. antitrust laws.
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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
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