General Business Litigation, Including Claims for Unfair and Deceptive Trade Practices Under Chapter 93A

• Representation of businesses, financial institutions, and individuals in connection with breach of contract and misrepresentation claims with respect to all manner of sales of businesses, goods and securities, financings, commercial mortgages, commercial leases and international transactions
• Representation of businesses in the prosecution or defense of claims for multiple damages and attorney’s fees under the Unfair and Deceptive Trade Practice Acts

Intellectual Property Litigation, Including Trade Secrets, Patents, Trademarks and Copyrights

• Representation in connection with employment non-disclosure of trade secret and non-compete agreements
• Representation in connection with the definition of a trade secret, independent derivation, prior art barring a claimed trade secret, calculation of damages for infringement and scope of trade secret injunctions
• Representation in connection with claims of patentable subject matter, patent infringement, patent obviousness and invalidity, inequitable procurement, false declaration of invention, on sale bar and declaratory judgment
• Representation of licensors and global brands in international trademark litigation and international arbitration
• Successfully overturned in an appeal to the U.S. First Circuit Court of Appeals an injunction against a nominative fair use of a global brand trademark
• Successfully overturned injunctions in foreign countries compelling trademark licensors to maintain contact rights of terminated licensees
• Pursued violation of trademark claims against holdover licensees and unapproved sub-licensees

Competition Litigation, Including Antitrust and False Advertising

• Representation in connection with claims of conspiracies in restraint of trade, monopoly and anticompetitive practices, including exclusive dealing contracts, most favored nation contracts and sham intellectual property claims
• Representation in connection with false advertising claims under the Lanham Act and the state Unfair and Deceptive Trade Practice Acts

Securities Litigation

• Representation of investor against sellers and issuers
• Representation of shareholders against board and officers for breach of fiduciary duty
• Representation of mutual funds against bond and securities underwriters

• Chapter 93A Panelist, Massachusetts Bar Association Litigation Symposium (April 2022)
• “93A Can Overcome Contracts: The SJC Decision In H1 Lincoln v. South Washington Street, LLC And What It Means For Contract Disputes,” Speaker, Social Law Library (Law Library of the Massachusetts Supreme Judicial Court) (March 2022)
• “Chapter 93A: Nuts, Bolts, And Nuances,” Panelist with Two Judges Of The Business Litigation Session, Social Law Library (April 2021)
• “Chapter 93A: A Multi-Headed Hydra,” Speaker, Social Law Library (September 2018)
• “Eight Years After KSR: The Federal Circuit Test for Non-Obviousness,” Speaker, Boston Patent Law Association Seminar (June 2015)

Books:

• The Law of Chapter 93A, 52 Massachusetts Practice (2007 Ed, & Annual Updates; Thomson Reuters Westlaw)

Articles:

• “Gilleran Prevails On Behalf of Investors Against Managing Director”, Massachusetts Lawyers Weekly (July 9, 2020) [Behind paywall]

• “Tale Of Two 93As: Sharp Divergence Between State And Federal Court,” Massachusetts Lawyers Weekly (July 2019)
• “Will 93A Continue to Apply to Trade Secrets – And Should It?” Massachusetts Lawyers Weekly (June 2016)
• “Defendants’ Stratagems And Plaintiffs’ Counters In Trade Secret Litigation,” Today’s General Counsel (July 2014)
• “Enhanced Remedies in IP Disputes Under Chapter 93A,” Massachusetts Lawyers Weekly (September 2013)
• “The Rise of Unfair and Deceptive Trade Practice Acts (Triple Damages),” American Bar Association (October 2011)