transactions

  • Frazer Capital & Co.
  • Sale of Back Bay portfolio
  • Fletcher Granite Company, LLC
  • Chapter 11 liquidation of largest U.S. supplier of granite curb
  • National Dentex Corporation
  • Public company merger with GeoDigm Corporation

Litigation

Overview

As trial attorneys, we resolve the most contentious problems our clients face, as efficiently as we can.  We do so before trial, if possible, or at trial, if necessary.  Posternak attorneys enjoy trying cases and regularly litigate a wide range of business disputes, employment issues, professional liability matters, insurance coverage and bad faith cases, and other civil suits.  We encourage our clients to take an active role in the resolution of their cases.  We believe that our clients ought to be involved in all significant aspects of a case and that a knowledgeable client’s input is critical to a successful outcome.

Our business trial attorneys litigate disputes involving contracts of all types, intellectual property issues, breaches of non-compete obligations, securities and real estate transactions, regulatory and non-regulatory health care concerns, environmental claims, bankruptcy proceedings, and many other kinds of commercial matters.  Our employment attorneys navigate clients through the maze of statutory and non-statutory constraints on implementing employment decisions.  Where necessary, we also represent clients against charges of discrimination before administrative agencies and courts.

Posternak is counsel of choice for the defense and trial of legal malpractice and other complex professional liability and errors and omissions cases.  Posternak attorneys also have argued many of the most significant appellate decisions in legal malpractice and other professional liability areas.  In addition to defending insureds, we regularly act for insurers as coverage counsel and as trial and appellate counsel in coverage and bad faith litigation.  Posternak also handles the defense of complex product liability disputes, including cases arising out of the use of advanced medical devices.

  • Prosecuted, in the federal court in Los Angeles, claims on behalf of the nation’s largest distributor of satellite television services involving the most critical aspects of the client’s distribution agreement.
  • Represented a major consumer products manufacturer in an arbitration, in Chicago, challenging the client’s warranty responsibilities for millions of dollars of product.
  • Defended a well-known local entrepreneur against a securities fraud class action claim.
  • Defended a health care client in a case, tried in the Miami federal court, alleging damages arising from the client’s decision not to close on the purchase of a “turn-key” skilled nursing facility.
  • Represent the world’s largest manufacturer of implantable medical devices in a variety of product liability cases involving pacemakers, neurological stimulators, coronary stents, drug pumps and other products, in Massachusetts and elsewhere.
  • Argued the case in which the Massachusetts Supreme Judicial Court limited the duty owed by a primary insurance carrier to an excess carrier, in the conduct of settlement negotiations, to one of good faith, not of due care.
  • Argued the case in which the U.S. Court of Appeals for the First Circuit held  that an insurance carrier issuing a claims-made policy is not required, under Rhode Island law, to show prejudice in order to deny coverage on the grounds of late notice.
  • Handled the appeal in the seminal Massachusetts Supreme Judicial Court case which  clarified the various elements that a legal malpractice plaintiff must establish at trial to prevail on his or her claim.
  • Argued the appeal which established, in Massachusetts, the principle that an attorney is not liable for every mistake that may occur in his or her practice and cannot be held responsible for the damage that may result from such mistakes.
  • Argued the 1983 case from which much of the law of attorney malpractice in Massachusetts developed. • Defended several environmental consulting firms against claims alleging errors and omissions in site assessments and remediations.
  • Defeated an appeal by an abutter, a supermarket chain, from a decision in favor of our developer client allowing it to build a shopping center on Cape Cod with a rival supermarket as the anchor tenant.

Professionals

Richard Bickelman

Partner617.973.6178 fax 617.722.4988rbickelman@pbl.com

Steven Broadley

Partner617.973.6136 fax 617.722.4909sbroadley@pbl.com

Jon Cowen

Partner617.973.6238 fax 617.722.4914jcowen@pbl.com

Joseph Crimmins

Partner617.973.6273 fax 617.722.4915jcrimmins@pbl.com

Dustin Hecker

Partner617.973.6131 fax 617.722.4927dhecker@pbl.com

Adam Littman

Associate617.973.6195 fax 617.722.4939alittman@pbl.com

Erik Lund

Senior Counsel617.973.6129 fax 617.722.4933elund@pbl.com

Nicholas Nesgos

Partner617.973.6168 fax 617.722.4936nnesgos@pbl.com

James O'Connell

Partner617.973.6181 fax 617.722.4991joconnell@pbl.com

Laura Otenti

Partner617.973.6116 fax 617.722.4926lotenti@pbl.com

Nancy Puleo

Partner617.973.6124 fax 617.722.4997npuleo@pbl.com

Valerie Samuels

Partner617.973.6248 fax 617.722.4949vsamuels@pbl.com

Rosanna Sattler

Partner617.973.6135 fax 617.722.4950rsattler@pbl.com

Catherine Savoie

Partner617.973.6274 fax 617.722.4951csavoie@pbl.com

Gary Smith

Partner617.973.6277 fax 617.367.2315gsmith@pbl.com

Ann Sobolewski

Partner617.973.6120 fax 617.722.4921asobolewski@pbl.com

Christopher Tsouros

Partner617.973.6141 fax 617.722.4928ctsouros@pbl.com

Jennifer Yelen

Partner617.973.6182 fax 617.722.4990jyelen@pbl.com

Publications

Debt Buyer Violates MDCPA, 93A By Collecting While Unlicensed

Massachusetts Lawyers Weekly, Steven Broadley, March 2, 2017

Judge Allows FDCPA Suit Over Misleading Massachusetts Disclosures

Massachusetts Lawyers Weekly, Steven Broadley, December 19, 2016

'In Pari Delicto' Doctrine Shields Law Firm From Malpractice Action

Massachusetts Lawyers Weekly, Nicholas Nesgos, December 12, 2016

Revision of Rule 68 Settlement Disallowed

Massachusetts Lawyers Weekly, Dustin Hecker, May 10, 2016

Collateral Attack On Debt Buyer Allowed To Proceed

Massachusetts Lawyers Weekly, Steven Broadley, November 19, 2015

First Circuit Expands Actual Fraud Exception to Bankruptcy Discharge, Deepens Circuit Split

Mass Bar Association ComCom Quarterly, Justin Kesselman, September 30, 2015

Dusty Hecker Discusses The Tom Brady Case

NECN, Dustin Hecker, September 3, 2015

Defamation Claim Against Boston Mayor A Wynn-er?

Massachusetts Lawyers Weekly, Dustin Hecker, July 20, 2015

Workplace Bullying Laws and Litigation: What an Employer Needs to Know

Employment Law Strategist, Laura Otenti, February 19, 2015

Law Firm not Liable for Failing to Control Client

Massachusetts Lawyers Weekly, Nicholas Nesgos, April 28, 2014

Back Bay Insurance Bust

NECN, Jon Cowen, March 31, 2014

Shop Owner Struggles For Insurance Claims After Marathon Bombing

WBZ-TV (CBS Boston), Rosanna Sattler, March 16, 2014

Strip Club Wins Appeal After Seattle Denies Business Permit

Lawyers.com, Dustin Hecker, July 1, 2013

Will Insurance Help Boylston Street?

NECN, Jon Cowen, April 25, 2013

Iran Plans to Sue Makers of 'Argo': Could Lawsuit Succeed?

The Christian Science Monitor, Dustin Hecker, March 13, 2013

In Defending Malpractice Claims, Firms Advised to Get Outside Help

Massachusetts Lawyers Weekly

Dustin Hecker, March 4, 2013

Potential Legal Pitfalls With Online Reviews

NECN Business News, Rosanna Sattler, December 26, 2012

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