Business Litigation and Dispute Resolution

Overview

When businesses face complex disputes, they turn to Robinson+Cole. We serve corporations and other entities, from Fortune 500 companies to start-ups, across virtually every industry, locally and around the globe. We know that success requires not only the extensive trial and appellate experience that our lawyers possess but also a deep understanding of the client’s business operations and the commercial issues driving the conflict. Our superior reputation is built on more than 150 years of helping clients resolve their toughest business challenges.

Our Services and Our Team

As trusted advisors, our lawyers are often involved by clients soon after a dispute arises, before any lawsuit or arbitration demand is filed. Whether our role at that stage is direct or behind the scenes, our ultimate goal remains the same: a swift conclusion that meets the client’s business objectives. If the opposing party does not promptly come to terms or abandon its claims, we work to best position our client for potential litigation.

As forceful advocates, our lawyers have amassed an impressive track record of success, achieving very favorable results in hotly contested, sophisticated, multimillion-dollar business disputes, including bet-the-company cases and class actions. We have extensive experience taking cases to trial in federal and state courts, and in arbitrations, around the country, involving claims and issues such as the following:

  • breach of contract
  • fraud and misrepresentation
  • unfair and deceptive trade practices
  • antitrust, unfair competition, and tortious interference with business expectancies
  • misappropriation of trade secrets and other confidential information
  • consumer claims, particularly in the class action context
  • trademark, copyright, and patent infringement
  • data privacy and cybersecurity
  • postclosing disputes
  • corporate governance and shareholder and partnership disputes
  • securities and financial services
  • breach of fiduciary duties
  • professional services
  • franchise and distributor disputes
    • Experience
      • Represented plaintiff in action against United States subsidiary of Hong Kong Shanghai Banking Corp. for breach of agreement to finance equipment leases negotiated by plaintiff. After two weeks of trial, defendants increased their settlement offer by a factor of 14 and the matter settled.

      • Prevailed in a multimonth jury trial defending an institutional client against contract and tort claims. The plaintiff filed its case seeking $100 million in damages arising from a failed development project. On the eve of trial, we eliminated $90 million of the damages sought through a successful motion practice. Thereafter, the remaining $10 million in claims were tried to conclusion, with the jury returning a unanimous verdict in favor of our client. 

      • Represented privately held trust in a securities fraud action against a private investment broker and her company. Obtained judgment exceeding $1.3 million after trial, which was successfully defended on appeal to the Second Circuit. After the defendants failed to satisfy the judgment, succeeded in piercing the corporate veil of the company in a five-day jury trial to reach the assets of the broker's husband, a co-owner of the company, and successfully defended that judgment at the Second Circuit.

      • Successfully defended a manufacturer of nutritional supplements against a proposed nationwide consumer product class action brought in California state court. The manufacturer, which distributes its product worldwide, was facing claims based on allegations that included product mislabeling and unfair trade practices, as well as violations of the California Consumers Legal Remedies Act (CLRA) and California-specific causes of action. We aggressively litigated the case in the early stages, and prior to any discovery production by the defendant or any depositions being conducted, the plaintiff agreed to a voluntarily dismissal with prejudice without any payment from the defendant.

      • Successfully defended entity in an arbitration trial involving a multimillion-dollar breach of contract claims. The arbitration concluded after several days of evidence, and the three arbitrators thereafter issued a unanimous award in favor of our client. 

      • Obtained favorable midtrial settlement for client in a construction-related dispute involving allegations of breach of contract and Unfair Trade Practices Act violations.

      • Won complete motion to dismiss in a hotly contested Financial Industry Regulatory Authority (FINRA) arbitration, resolving matter for client in less than six months. FINRA panel granted motion to dismiss, agreeing that the client was not associated with the securities in question, had no contact with the claimant, and had no supervisory responsibilities with respect to the sale of the securities at issue.

      • Won summary judgment for a client in a complex federal action based on the Noerr-Pennington doctrine.

      • Won preliminary injunction for a client under the Connecticut Unfair Trade Practices Act after a three-day evidentiary hearing.

      • Represented institutional client in a breach of contract and unfair trade practices lawsuit against an international services provider. Following extensive fact and expert discovery, we negotiated a recovery for our client of several million dollars. 

      • Defended international company in a civil lawsuit brought against it by the U.S. Department of Justice in New York arising from an accident that led to multiple fatalities and required extensive environmental remediation. The government initially demanded $200 million to settle the dispute. After our depositions of the government’s key fact and expert witnesses, the government agreed to settle for approximately 2 percent of its initial demand.

      • Represented manufacturing company in a lawsuit and arbitration asserting claims against the former CEO for fraud in connection with the CEO's acquisition of controlling interest in company. The company alleged that the CEO acquired the stock at an artificially low price and then sought to sell it back to the company at an artificially high price. Following the company prevailing in a declaratory judgment action in court over which the contract controlled the arbitration, the matter settled with the CEO selling the stock back to the company at a fraction of his initial demand.

      • Successfully represented client in a four-day preliminary injunction hearing in the United States District Court, District of Connecticut, in a case involving the Connecticut Franchise Act, breach of contract, the Connecticut Unfair Trade Practices Act, and tortious interference with contractual relations.

      • Representation of a multinational health care information technology provider in an injunction action intended to prevent a breach of contract by a state health care agency. Robinson+Cole obtained an emergency ex parte injunction to prevent the state agency from disclosing trade secrets proprietary to our client in response to a freedom of information request promulgated by a legal aid organization opposed to managed care in governmental health care programs. Subsequently, Robinson+Cole defended against the agency’s efforts to lift that injunction and a subsequent appeal. The matter ended while the appeal was pending when the legal aid organization withdrew its FOIA request.

      • Successfully prosecuted three attempts to monopolize cases against AT&T and the Bell System on behalf of over 50 central station alarm companies.

      • Successfully handled an attempt to monopolize a case on behalf of the number two long distance telephone company on Guam against the market leader.

      • Obtained summary judgment on behalf of a resort development in South Carolina against a real estate brokerage firm, which had alleged Sherman Act violations.

      • Obtained jury verdict on behalf of the sellers of a satellite technology company in a fraud action brought in federal court in Orlando.

      • Obtained summary judgment for a Fortune 500 company in defense of claims that the client had a continuing obligation to provide access to its wastewater treatment facilities, fire suppression system, and parking lot for the plaintiff's use of an adjacent commercial property.

      • Won jury verdict in federal court in Boston on breach of contract case against Lufthansa Congo.

      • Business Litigation

      • Obtained favorable verdict after a jury trial involving allegations of unfair competition and unfair trade practices in the specialty chemical industry.

      • Obtained favorable verdict after a jury trial representing a large research university in a breach of contract action.

      • Represented chemical manufacturing company in a case involving allegations of bad faith competitive bidding for a tender offer on the company’s publicly traded shares, including obtaining reversal of a pre-trial ruling at the Connecticut Appellate Court. 

      • Commercial Litigation

      • Represented a global provider of integrated financial information and analytics in lawsuit brought by an outsourcing company alleging breaches of contract, breaches of fiduciary duty, and fraud. Obtained favorable settlement for our client after winning partial summary judgment.

      • Obtained a $50 million judgment and successfully foreclosed on the security interests for a global technology provider in a lawsuit brought against a number of its competitors to recover on a note our client had purchased from a third party.

      • Represented a cybersecurity and data backup company in lawsuit brought against former executive for breach of employment and stock option agreements. Obtained summary judgment for our client enforcing a forfeiture for competition provision and dismissing the defendant’s counterclaims.

      • Represents one of the largest cable operators in the United States in putative class actions accusing it of unfair trade practices and consumer protection violations. 

      • Represents premium all-natural pet product company in breach of contract, fraud, and unfair trade practices lawsuit.

      • Represents cloud computing company in lawsuit accusing a competitor of trade libel and defamation.

      • Represents clients in personal and real property tax appeals for commercial taxpayers against Connecticut municipalities. Obtained favorable resolutions for clients involving valuation disputes.

      • Significant Decisions

      • Josephson, LLC v. Affiliated FM Ins. Co., 2022 WL 999134 (R.I. Super. 2022) – rulings on cross motions for partial summary judgment in COVID-19 business interruption litigation holding, as a matter of first impression under Rhode Island law, that COVID-19 is not capable of causing physical loss or damage to property and that the policy’s Contamination Exclusion unambiguously applies to bar the claims.

      • ITT Inc. v. Factory Mutual Ins. Co., 2022 WL 1471245 (D. Conn. 2022) – ruling on motion to dismiss COVID-19 business interruption litigation holding under Connecticut law that none of the policyholder’s attempts to classify the impact of COVID-19 as physical loss or damage succeeds and therefore concluding that claims for coverage under Time Element, Civil or Military Authority, Ingress/Egress or Logistics Extra Cost fail.

      • Procaccianti Companies, Inc. v. Zurich American Ins. Co., 2022 WL 2802357 (D.R.I. 2022) – ruling granting motion to bifurcate and stay discovery on bad faith dismiss in COVID-19 business interruption litigation pending resolution of breach of contract and declaratory judgment claims relating to insurance coverage.

      • Business Litigation

      • Defended family in fraud, breach of fiduciary duty, and related claims brought by a New York City-based art dealer stemming from the purchase and subsequent sale of a Picasso sculpture for over $20 million. Won pre-answer motion to dismiss prior to engaging in discovery.

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    • News
      • August 17, 2023

        78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

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      • July 20, 2023

        Robinson+Cole Welcomes Former DOJ Trial Attorney, Sean C. Griffin, as a Partner in its Growing Washington, DC Office

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      • April 7, 2023

        Curtis Crowther and Trevor Bradley Author Delaware Business Court Insider Article on Restrictive Covenant Enforcement

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      • January 12, 2023

        Arila Zhou, Ben Daniels and Sabrina Galli Say Buzzfeed Case Portends Trends in SPAC Litigation in The Review of Securities & Commodities Regulation

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      • November 23, 2022

        Kendra Berardi Elected Clerk of MCLE Board of Trustees

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      • November 16, 2022

        Robinson+Cole Continues Significant Strategic Expansion with New Office in Washington, DC

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      • August 5, 2022

        Eric Rigoli Elected to Board of CT Democracy Center

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      • June 29, 2022

        Ben Daniels and Trevor Bradley Author Law360 Expert Analysis Article on Judicial Shift on SEC Admin Process

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      • February 25, 2022

        Amanda Phillips Authors Article on Future of Remote Proceedings in Massachusetts Bar Association's "Section Review"

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      • January 14, 2022

        Ben Daniels Quoted in HBJ Article on University of Saint Joseph's Move to Co-Ed Undergraduate Programs

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      • December 3, 2021

        Kathryn Rattigan Discusses the "Internet of Things" on Emerging Litigation Podcast

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      • November 4, 2021

        Robinson+Cole Receives 40 First-Tier Metropolitan Rankings and Four National Rankings in Latest U.S. News – Best Lawyers “Best Law Firms”

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      • June 29, 2021

        Andrew DePeau Elected to Board of Trustees of the Boys & Girls Clubs of Hartford

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      • May 18, 2021

        Robinson+Cole Expands Litigation Practice

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      • January 28, 2021

        Robinson+Cole Continues Growth in Boston

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      • November 18, 2020

        Kendra Berardi Honored as One of Massachusetts Lawyers Weekly's 2020 Top Women of Law

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      • November 6, 2020

        Robinson+Cole Receives 36 First-Tier Metropolitan Rankings and Four National Rankings in Latest U.S. News – Best Lawyers “Best Law Firms”

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      • October 12, 2020

        Robinson+Cole Lawyers Co-Author Article on Contractual Considerations for Italian Companies Doing Business in the U.S.

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      • July 21, 2020

        Kathryn Rattigan Selected for Providence Business News’ 2020 “40 Under Forty” Program

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      • March 31, 2020

        Tom Donlon Quoted in Recent Article on Covid-19 and Cruise Ships

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      • June 14, 2019

        Je'Quana Orr Is Profiled in UConn School of Law Publication

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      • May 24, 2019

        Robinson+Cole Receives Presidential Award for Export Service

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      • May 21, 2019

        Ed Heath, Kevin Daly and Jeff White Speak at International Space Trade Summit

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      • May 15, 2019

        Ed Heath and Jeff White Address Global Growth at 2019 Smart Manufacturing Summit

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      • April 23, 2019

        Jim Wade Presents on the Art of Jury Selection

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      • March 25, 2019

        Robinson+Cole Hosts Connecticut’s Chief Justice

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      • March 22, 2019

        Robinson+Cole Hosts CAPABA Event Honoring New Connecticut Attorney General

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      • October 24, 2018

        Robinson+Cole Recognized by Benchmark Litigation

      • October 18, 2018

        51 Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • March 9, 2018

        Diana Neeves, John Peloso, and Evan Seeman Present Webinar and Author Practice Note for Thomson Reuters Practical Law™

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    • Publications + Presentations
    • "FTC Proposes New HSR Filing Requirements that Significantly Expand Reporting Obligations" co-authored by Kathleen M. Porter, Jennifer M. Driscoll and Amy R. Roth (7/18/2023)

      "New York Inches Closer to Banning Non-Compete Agreements" co-authored by Ian T. Clarke-Fisher, Trevor L. Bradley and Stephen W. Aronson (6/23/23)

      "FTC Proposes Rule Prohibiting Employee Noncompete Agreements and Broadly-Worded Non-Disclosure Agreements" co-authored by Janet Kljyan, Ian T. Clarke-Fisher and Stephen W. Aronson (1/6/23)

      "What Keeps You Up at Night: Tips and Traps for Outside Counsel," presented by Stephen O. Clancy, as moderator during the DRI 2022 Insurance Coverage and Practice Symposium (12/8/2022)
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      "Legal Issues in the 2022 FIFA World Cup," presented by Dan A. Brody, presented by the Connecticut Bar Association’s Sports & Entertainment Law Section (12/8/2022)
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      "Doing Business in the United States: An Overview of Anti-Corruption, Antitrust, and Data Privacy Laws," presented by Jennifer M. Driscoll, as part of the Institute for Supply Management Japan’s virtual 2022 Annual Conference (11/26/2022)
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      "Navigating the Boilerplate – A Discussion of Common Commercial Clauses From a Litigation Perspective," co-presented by Ian T. Clarke-Fisher and Brian J. Wheelin, a webinar hosted by Lawline (10/25/2022)
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      "New York City Family Court Volunteer Attorney Program," co-presented by Jinhua (Anna) Wang and Janet Kljyan (10/12/2022)
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      "With $1.1 Billion Penalty Deal, SEC Joins DOJ in Firing Warning Shot at Financial Services Industry About Outdated Employee Communications Policies" co-authored by Edward J. Heath, Benjamin M. Daniels and Dan A. Brody (10/5/22)

      "SEC Enforcement Action Demonstrates Importance of Robust Conflicts-of-Interest Practices in SPAC Transactions" co-authored by Edward J. Heath, Benjamin M. Daniels, Er (Arila) Zhou and Dan A. Brody (9/28/2022)

      "Doing Business in Canada," presented by Kevin P. Daly, as a moderator during the R+C-hosted event (7/28/2022)
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      "What Is the Scope of Russian Sanctions?" co-authored by Edward J. Heath and Kevin P. Daly, published in IndustryWeek (6/20/2022)
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      "Fifth Circuit Decision Threatens to Upend SEC’s Use of Administrative Proceedings" co-authored by Benjamin M. Daniels and Trevor L. Bradley (6/7/2022)

      "Foreign Influence Concerns in Scientific Research," presented by Seth B. Orkand, during the Boston Bar Association's annual White-Collar Crime Conference (5/5/2022)
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      "Section 1782: Discovery in Support of a Foreign Proceeding" co-authored by Benjamin M. Daniels and Jenna M. Scoville (4/20/2022)

      "Class Certification Evidence: Standards of Admissibility and Probative Value Among the Circuits: Strategies for Opposing or Narrowing Class Certification and Preserving Objections," presented by Kevin P. Daly, as a Strafford CLE webinar (2/17/2022)
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      "Broken Privilege and IoT," presented by Kathryn M. Rattigan, an Emerging Litigation podcast (11/30/2021)
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      "The Future of Remote Proceedings: Perspectives from the Bar," co-presented by Danielle Andrews Long, Kendra L. Berardi and Amanda R. Phillips, a CLE program hosted by the Massachusetts Bar Association Complex Commercial Litigation Section Council (11/16/2021)
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      "What Corporate Lawyers Need to Know About Non-Competes and Restrictive Covenants (Update)," presented by Ian T. Clarke-Fisher, hosted by Lawline (10/4/2021)
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      "Resolving Cross-Border M&A Disputes," co-presented by Jeffrey J. White and Sandra Marin Lautier, during the American Bar Association's Business Law Section Virtual Spring Meeting. (4/21/2021)
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      "Recent Trends in Scientific Research Misconduct Investigations: Institutional, Government, and Defense Perspectives," presented by Seth B. Orkand (3/1/2021)
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      "The Practice of Law in Connecticut and the United States," presented by Edward J. Heath, as part of a collaboration between the Bar of Rome, Italy (Ordine Degli Avvocati di Roma) and the Hartford County Bar Association (2/10/2021)
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      "Pressed for Time: A Real Estate Purchaser's Right to Invoke Section 108(B) to Extend The Time for Performance When the Contract Provides That Time is of the Essence," co-authored by Ryan M. Messina and Andrew A. DePeau, published in the Norton Journal of Bankruptcy Law and Practice (December 2020)
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      "Women and the Legal Profession Over the Decades," presented by Je'Quana S. Orr, during the Connecticut Bar Association's Connecticut Legal Conference. (9/16/2020)
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      "Personal Jurisdiction in Class Actions After Bristol-Myers Squibb Co. v. Super. Ct. of Cal," presented by Kevin P. Daly, which offered counsel new arguments for challenging class actions at the pleadings and the pre-certification and certification stages on jurisdictional grounds. (7/28/2020)
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      "Is Your FCPA Corporate Compliance Program Up to Date? US DOJ Issues Revised Guidance," co-authored by Edward J. Heath and Kevin P. Daly, published on ACCDocket.com (7/24/2020)
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      "Title IX: Hearing from Parties' Counsel and Predicting Future Litigation," presented by Seth B. Orkand, as moderator during the Boston Bar Association Virtual Education Legal Conference. (7/22/2020)
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      "Contractual Considerations for Italian Companies Doing Business in the United States in The COVID-19 Era," co-authored by Jinhua (Anna) Wang, Jeffrey J. White and Edward J. Heath, published in the July 2020 issue of the Italy – Connecticut Journal of International and Comparative Business Law. (July 2020)
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      "Foreign Corrupt Practices Act," presented by Edward J. Heath, which provided practical guidance on how to avoid FCPA problems. The Department of Justice, the Securities and Exchange Commission, the FBI, and other federal agencies have devoted significant resources to detecting and prosecuting FCPA violations. (6/4/2020)
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      "Pretrial and Compassionate Release During COVID-19: A Focus on White Collar Defendants in the Federal Courts," presented by Seth B. Orkand, presented to the Boston Bar Association. (5/19/2020)
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      "Public Corruption Panel," presented by Seth B. Orkand, as moderator during the Boston Bar Association White Collar Crime Conference. (1/15/2020)
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      "Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In re Hyundai," presented by Kevin P. Daly, as a Strafford Webinars program. (10/30/2019)
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      "What Corporate Lawyers Need to Know About Non-Competes and Restrictive Covenants," presented by Ian T. Clarke-Fisher, presented as a Lawline course. (10/4/2019)
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      "Export Control Compliance and Trade Sanction Avoidance," presented by Kevin P. Daly, presented at the "Compliance and Enforcement: Are Your Internal Practices Up To Date?" program. (9/12/2019)
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      "International Anti-Corruption/FCPA Compliance and Related Government Enforcement," presented by Edward J. Heath, presented at the "Compliance and Enforcement: Are Your Internal Practices Up To Date?" program. (9/12/2019)
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      "The DO NOTS of Oral Argument," authored by Thomas J. Donlon, published in Minority Trial Lawyer. (July 2019)
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      "Winding-Up Petition vs. Arbitration - Which Shall Prevail," presented by Patrick M. Birney, presented as a panelist at the ADVOC International Business Law Conference 2019 in Hong Kong, China. (3/1/2019)
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      "Preparing and Conducting a Civil Trial in Federal Court," presented by Brian J. Wheelin, presented by the CT Bar Association at the CT Legal Conference in Hartford, CT. (June 10, 2019)
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      "A Discussion on White Collar Criminal Defense," presented by Seth B. Orkand (3/13/2019)
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      "Career Focus: Transitions Between Government and Private Practice," presented by Seth B. Orkand, presented to the Boston Bar Association (12/12/2018)
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      "RICO in Federal Civil Litigation," authored by Seth B. Orkand, published in Federal Litigation in the First Circuit (2017)

      "Federal Prosecutorial Policy a Step Backwards," authored by Seth B. Orkand, published in Mass. Lawyers Weekly (May 26, 2017)

      "Representing Victims of Human Trafficking in Massachusetts: A Guide for Attorneys," authored by Seth B. Orkand (2013)

      "Revisiting 'Off-Label' Drug Promotion Resolutions in Light of 'Caronia'," authored by Seth B. Orkand, published in New York Law Journal (February 28, 2013)

Our Team

Chair

Members