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Gray’s Inn, London, England, Barrister, 1980
Suffolk University Law School, JD, cum laude, 1986
U.C. Cardiff (United Kingdom), LLB, 1979
Paul E. WhitePartner
Paul is a partner in the firm’s Litigation Department. His national practice is focused on representing clients in the retail, manufacturing and automotive sectors and other mature industries in large, multiparty commercial litigation, including complex contract disputes, commercial lease disputes and catastrophic injury claims.
An accomplished trial lawyer, Paul draws upon his extensive courtroom experience in offering sophisticated judgment and strategic advice to clients involved in complex matters. Paul uses an informed, rational manner to re-position difficult cases and develop a road-map to resolution. He combines a commitment to excellence with a determination to meet the specific business needs of his clients.
Paul is admitted to practice in Massachusetts and the United States District Court for the District of Massachusetts. Prior to joining Posternak, Paul was a partner at Sugarman Rogers.
- Representation of multinational automotive electronic component manufacturer in contract-related disputes.
- Representation of national retailer in catastrophic injury claims and serving as national counsel setting litigation strategy in complex multi-person claims.
- Representation of national retailer on contracting, regulatory and code compliance issues pertaining to its portfolio of vertical transportation equipment.
- Lead counsel in three week jury trial in the Boston’s Business Litigation Session involving claim by major national retailer for recovery of over $4M in tax overcharges under shopping center lease resulting in favorable settlement during jury deliberation.
- Lead counsel in litigation against foreign national bank in a claim for wrongful termination of a commercial lease based on theory of breach of the implied covenant of good faith and fair dealing by failing to adequately meet the condition precedent of obtaining regulatory approval from the FDIC to operate a federal savings bank, resulting in successful $2M settlement at the start of trial.
- Lead counsel for automotive component manufacturer seeking to enforce pre-contractual Letter of Intent after defendant awarded business to alternate supplier, obtaining $2M jury verdict at trial.
- Successfully represented automotive component manufacturer in breach of contract dispute alleging wrongful termination of Long Term Agreement resulting in multi-million dollar settlement during trial.
- Successfully defended corporation and majority shareholders in claim by minority shareholder alleging breach of Shareholder Buy-Sell Agreement, obtaining dismissal of all of plaintiff’s claims on summary judgment.
- Successfully represented specialty wire manufacturer in claim against Underwriters Laboratories for wrongful withholding of U L approval and for negligent testing, resulting in UL’s agreement to withdraw test results and voluntarily lift stop ship order.
- Representation of manufacturer of electric switches in instituting voluntary recall of allegedly defective switch and parallel resolution of over one hundred claims for property damage and indemnity.
- Successfully obtained mandatory preliminary injunction in supply chain dispute requiring continued supply under long-term supply agreement.
Massachusetts Bar Association
- Complex Commercial Litigation Section Council, Chair, 2014-2016
- Civil Litigation Section Council, Co-Chair, 2012-2013
- Marathon Bombing Victims Legal Assistance Program, Chair
- Executive Management Board, Member, 2014-2017
Real Estate Bar Association for Massachusetts
- Commercial Lease Committee, Member
Defense Research Institute, Inc.
- Retail and Hospitality Committee
- 2017 Annual Seminar, Program Chair
- Commercial Litigation Specialty Litigation Group, Co-Chair
- Committee liaison to Commercial Litigation Committee
Paul received the Volunteer Recognition Award from Massachusetts Bar Association in 2014 for his work as Chair of the Marathon Bombing Volunteer Legal Assistance Program.
Paul has been named Massachusetts Super Lawyer every year from 2005 - 2017, and was included in The Best Lawyers in America in 2016 and 2017.
Paul writes and speaks frequently on a variety of topics. Representative speaking engagements and publications include:
- Speaker, “Overcharge Defenses” and “Preparing for a Deposition,” National Retail Tenants Association Conference, September 2015
- Panel Moderator, “Hot Topics Facing In-House Counsel in Managing Intellectual Property & Retail and Hospitality Cases,” Defense Research Institute, Retail and Hospitality Litigation and Claims Management Seminar, May 2015
- Speaker, “Effective Strategies for Defeating Landlord Defenses in Overcharge Litigation,” National Retail Tenants Association Conference, September 2014
- Speaker, “Advanced Deposition Techniques: Leveraging Exhaustion, Boxing-In, and Summarization Approaches with Adverse Witnesses,” Strafford Publications CLE Webinar, April 2014
- Author, “Opening Statements,” LexisNexis Practice Guide: Massachusetts Civil Trial Practice, § 2, 2014 Edition, “And the Defense Wins,” The Voice, an electronic publication of the Defense Research Institute, May 2013
- Author, “Letters of Intent and Recovering Damages for Lost Business Opportunities,” In-House Defense Quarterly, a publication of the Defense Research Institute, Spring 2013
- Speaker, “Practical Symposium on Daubert Motion Practice,” Massachusetts Bar Association, May 2013