Practices

Litigation

With over 100 lawyers, Mintz Levin’s Litigation practice has the breadth and depth to provide high-quality, cost-effective litigation and strategic counseling to our clients.  Our litigators have appeared in trial and appellate courts and arbitration proceedings across the country (in all 48 continental states and the District of Columbia) as well as in international arbitrations. 

Clients range from individuals and closely-held corporations to Fortune 100 companies, including businesses in the banking, insurance, communications, real estate, construction, computer technology, investment, healthcare and life sciences, biotechnology, and pharmaceutical industries.  Mintz Levin’s reputation as a go-to firm for high-stakes litigation has been sealed by numerous significant litigation victories.

Our successes are a direct result of the high quality of our people.  Mintz Levin litigators have been recognized for excellence by the American College of Trial Lawyers, by Chambers, Benchmark, and by Law & Politics (in its annual designation of Super Lawyers in the cities in which Mintz Levin has offices).  We also pride ourselves on providing the best possible training and supervision to our associates so that we can maximize the value they provide to our clients.

Experience + Innovation + Drive = Results

Mintz Levin’s litigation practice provides clients with innovative approaches, experienced advocacy, and the substantive expertise necessary to handle a broad range of business problems.  Guided by a solid understanding of our clients’ core objectives, our litigators focus on winning efficiently and with accountability. Our pretrial, discovery, trial, and appellate efforts are designed to solve clients’ problems, not prolong them.

We deeply appreciate that the best win is an early win, particularly in high-stakes litigation. But we also understand that no matter how diligent our efforts may be to dispose of a case before going to trial, the most forceful strategy for resolving a case quickly is to let opponents know that we stand ready—if necessary—to win the case at trial. Our trial record unequivocally sends that message.  

In litigation, as in everything else we do, we combine an aggressive drive with a strong sense of how to serve our clients.  We appreciate that promptly answering our clients’ questions can be as important as properly cross-examining the client’s adversary. From devising a sound strategy and implementing it in a way that makes sense, to explaining our investment of resources in that strategy, we remain accountable to our clients and receptive to new ways to meet their particular needs. Commitment to these principles, fortified by the ingenuity and experience to deliver on that commitment, distinguishes our Litigation practice.

Winning in the court of public opinion is often as important for our clients as winning in the courtroom itself.  As a result, our team includes experienced public relations professionals who work with the client and the litigation team to formulate a successful strategy to manage the flow of information and advance the client’s public relations objectives.

To learn more about our focused and experienced practice groups that support the core areas of our litigation practice, please click the links on the left side of this page.

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Publications

Implications of Erica P. John Fund v. Halliburton Co.

1/31/2012
Peter M. Saparoff and Alec J. Zadek
American Bar Association Securities Litigation

Navigating a Mine Field: Governmental Investigations, Cooperation, and D&O Insurance

1/23/2012
Nancy D. Adams and Kristen S. Scammon
American Bar Association Business Law Today

California's New Forced Labor Disclosure Law: Empowering Consumers While Burdening Supply Chain

1/11/2012
Mitch Danzig and Eric Eastham
Supply & Demand Chain Executive

Distressed Debt Alert: Distressed Claims Trading: Insider Trading May Lead to Disallowance of Bankruptcy Claims and Breach of Fiduciary Duties

1/9/2012



Corporate Compliance Alert: California’s New Forced Labor Disclosure Law: Empowering Consumers while Burdening the Supply Chain

1/6/2012



Noncompete Litigation Picks Up as the Economy Improves

12/23/2011

Boston Business Journal

Litigation Alert: Drinking During the Holidays: Protecting Yourself and Your Children

12/23/2011



Job Law: Case by Case, a Look at Decisions and Their Impact

12/23/2011

Boston Business Journal

A Primer for Construction Bankruptcies

12/23/2011
Tony M. Starr and Kevin J. Walsh
Law360

Litigation Alert: CDC Survey Reveals Sexual Violence Is Widespread, while Campuses Report More Sexual Assaults — How to Protect Your Family and Children

12/21/2011



Housing Alert: Supreme Judicial Court to Consider Whether Cheap Market-Rate Housing Can Be Counted in Determining Compliance of Towns with Chapter 40B

12/14/2011



SecondMarket Bungled Facebook Share Sale: Attny

12/13/2011

Law360

Brief of the Congressional Medal of Honor Foundation as Amicus Curiae in Support of Petitioner

12/8/2011



Using Finders to Assist in Financings: Understanding the Risks Associated with Unregistered Broker-Dealers

12/2011
Steve Ganis, Jeremy D. Glaser and Jake Romero
Practical Law Company

Positioning Compliance Programs to Defend Against Increased Enforcement When Financial Institution Account Holders Are Implicated in Fraudulent Schemes

12/2011
Paul E. Pelletier, Steve Ganis and Helen Gerostathos Guyton
Financier Worldwide Magazine

Section Spotlight: Insurance/Bad Faith Section

11/2011
Bridget Moorhead
San Diego County Bar Association Bar Report

Two State Street Executives Cleared of SEC Charges of Misleading Investors

10/31/2011

The National Law Journal

SEC Loses Again: Agency Judge Clears State Street Execs

10/31/2011

Thomson Reuters

Ex-State Street Execs Cleared of SEC Fraud Claims

10/31/2011

Law360

Litigation Advisory: Cyberbullying - Talking to Your Children About Responsibly Using Social Networking and Electronic Communications

10/19/2011



Avoiding Litigation While Protecting Your Interests

10/13/2011
Sam Davenport and Matt Hurley
BioWorld Perspectives

Litigation Alert: Maxwell-Jolly: Supreme Court Considers Whether Supremacy Clause Can Be Used to Directly Challenge State Statutes

10/11/2011



Health Law Alert: Maxwell-Jolly: Supreme Court Considers Whether Supremacy Clause Can be Used to Challenge State Medicaid Rate Cuts

10/10/2011



A Cautionary Tale

10/2011
Nicholas C. Cramb and Alec J. Zadek
The Insurance Coverage Law Bulletin

First Line of Defense in Privacy Class Actions - Damages

9/22/2011
Kevin M. McGinty
Law360

Boston Paper's Reporters On its Own Libel Suit Not Defamatory

9/16/2011

The Reporters Committee for Freedom of the Press

Judge Rules Rocker Can't Sue Herald Over Articles Written About Lawsuit

9/15/2011

Boston Herald

Judge Drops Part of Band Founder's Herald Lawsuit

9/15/2011

The Boston Globe

Franchise Alert: Massachusetts Supreme Judicial Court Affirms Lower Court Ruling in Favor of Employees Misclassified as Franchisees/Independent Contractors

9/13/2011



Chapter 258E Harassment Prevention Orders - Balancing the Rights of Victims and Defendants

9/2011
Elissa Flynn-Poppey and Stefanie Giuliano Abhar
Massachusetts Law Review

Man Charged With 'Using' Treasury Secretary's Account to Pay Off Mortgage

8/16/2011

FoxNews.com

Recent Supreme Court Cases Alter Class Action Landscape

8/15/2011

BioWorld Insight

Computer Scrubbing and Data Theft: It's Dirty Business if Employers Are Not Prepared

8/2011
Mitch Danzig and Brandon Willenberg
Workforce Management

Real Estate & Land Use Litigation Alert: Massachusetts Supreme Judicial Court Seeks Amicus Briefs on Pivotal Dover Amendment Case

7/21/2011



Securities Litigation Alert: Lessons Learned from Initial "Say-on-Pay" Litigation

7/18/2011



Case Study: Trenwick American Reinsurance V. IRC

7/15/2011
Nicholas C. Cramb and Alec J. Zadek
Law360

Alleged Antiquities Smugglers Busted

7/15/2011

The Wall Street Journal

Best Practices for Electronic Communications

7/13/2011



Pro Bono Report: Waiting For Justice: Katrina, The Fallout Persists

7/2011

The American Lawyer

UK Expected to Come Down Hard with New Bribery Law

6/30/2011

Law360

Obama Pushing Behind Scenes to Win Over Big-Dollar Donors

6/27/2011

The Washington Post

Class Action Alert: The Future of Class Action Suits After Wal-Mart v. Dukes

6/23/2011



Despite Setback, Plaintiffs to Pursue Wal-Mart Cases

6/20/2011

The New York Times

Ignore the Cautions Identified by Third-Party Analysts at Your Own Risk

6/13/2011

BD Week

Litigation Alert: Supreme Court Rejects Fifth Circuit’s Requirement That Plaintiffs in a Securities Fraud Litigation Prove Loss Causation in Order to Obtain Class Certification

6/9/2011



Using Finders to Assist in Financings Can Impose Significant Risks

6/2011
Steve Ganis, Jeremy D. Glaser and Jake Romero
Insights: The Corporate & Securities Law Advisor

Justice Crosses the Tracks: Settlement Brings Katrina Funds to Low-Income Mississippi Residents

6/2011
Noah C. Shaw
Clearinghouse Review Journal of Poverty Law and Policy

Litigation Advisory: Shareholder Agreements in Closely Held Massachusetts Corporations

5/20/2011



Lindsey FCPA Verdicts Prompt Hard Look at Trial Risks

5/11/2011

Law360

High-Ranking DOJ Fraud Cop Heads to Mintz Levin

5/10/2011

Law360

Stanford Prosecutor Headed to Mintz Levin

5/9/2011

WSJ Blogs: Corruption Currents

Securities Alert: Using Finders to Assist in Financings Can Impose Significant Risks on Your Company

4/29/2011



Surprise! There is No Coverage for Cooperating with the SEC

4/6/2011
Nancy D. Adams and Kristen S. Scammon
BNA's Corporate Counsel Weekly

Litigation Alert: CA Supreme Court Prohibits Zip Code Requests in Credit Card Transactions

3/17/2011



Desperately Seeking Dulmatin, Or Is It Abdul Martin Or Joko Pitono?

3/17/2011

WSJ Blogs: Corruption Currents

Life Sciences Alert: FDA Releases Criteria for Responsible Officer Prosecutions

2/14/2011



Client Brief: The Benefits of Mediation and/or Arbitration over Trial

2/3/2011



Litigation Advisory: Superior Court’s Business Litigation Session Extends Discovery Pilot Project

2/1/2011



The Big Dig

2/2011
Benjamin B. Tymann and Kenneth C. Sullivan
Concrete International

Contractors Should Review Compliance Programs

1/23/2011
Benjamin B. Tymann
Federal Times

Closing Deals With First-Time Sellers in the Trade-Claim Market

1/5/2011
Francis J. Earley and Dominic J. Picca
Dow Jones Daily Bankruptcy Review

Robber Barons, Back-Stabbers and Extortionists: How Far Does Anti-SLAPP Protection Go?

Summer 2011
Paul D. Wilson and Noah C. Shaw
The Urban Lawyer

Pay-If-Paid Clauses: Freedom of Contract or Protecting the Subcontractor From Itself?

Winter 2011
William M. Hill and Mary-Beth McCormack
The Construction Lawyer

Client Brief: Reexaminations: Strategic Use by Both Patentees and Defendants

12/29/2010



Litigation Advisory: Changes to Federal Rules Regarding Expert Witness Discovery

12/21/2010



Bruce Sokler and Stu Eaton Co-author Article for Law360: “The FTC's Aggression Affirmed”

11/30/2010



Megan N. Gates "Top Women of Law" Award Featured in Mass Lawyers Weekly

11/15/2010



Litigation Advisory: Unfair Business Practices Update

11/12/2010



Client Brief: When is “Home Court” Not to Your Best Advantage?

10/28/2010



The Importance of Compliance Audits in Today's Intensive Enforcement Environment and Whistleblower Culture

10/20/2010
Benjamin B. Tymann
Corporate Compliance Insights

Ships in the Night: Buyers and Sellers of Trade Claims

9/9/2010
Dominic J. Picca and Frank J. Earley
Law360

Housing Alert: Massachusetts’ Highest Court Instructs Town Boards of Appeals Not to Invade the Province of State Subsidizing Agencies

9/7/2010



Client Brief: Permanent Injunctions: Still Possible, But Be Realistic And Plan Early

8/31/2010



BD Week Enforcement Alert (August 30, 2010)

8/30/2010

Broker-Dealer Week (BD Week)

From Boutique to the Bigs

8/20/2010

Boston Business Journal

Litigation Advisory: A Legal “Back to School” Checklist: Mitigating Risk and Managing Your Child

8/19/2010



Construction Litigation Alert: Massachusetts Enacts "Prompt Payment" Legislation for Private Construction Contracts

8/12/2010



Benefits of Including Foreign Investors in U.S. Securities Class Actions and Barriers Created by Morrison v. National Australia Bank

8/9/2010
Peter Saparoff and Katharine Beattie
Bloomberg Law Reports: Securities Law

California Litigation Advisory: Underage Drinking: Protecting Your Child

7/22/2010



Housing Advisory: Affordable Housing Litigation: Life after the Supreme Judicial Court

7/20/2010



White Collar Defense Alert: Criminal Provisions in the Wall Street Reform Act

7/15/2010



After Supreme Court's Honest Services Fraud Ruling, Questions Remain

7/14/2010
Bridget Rohde and Narges Kakalia
New York Law Journal

Mintz Levin's Managing Partner Reviews His First Year in Charge

7/2/2010

The National Law Journal

Litigation Advisory: Underage Drinking: Protecting Your Child

6/30/2010



Winning: Profiles of Successful Litigators and Their Strategies

6/21/2010

The National Law Journal

Client Brief: Difficulties Prevailing on Willful Infringement Post-Seagate

5/27/2010



Litigation Advisory: Managing Police Investigations When They Impact Your Adolescent

5/26/2010



Representing Clients Under the New Harassment Order Statute, G.L. c. 258E

5/4/2010



Client Brief: False Marking Claims Run Amok

4/29/2010



Enforcement Alert: Retain Even Your Contract Reps' Business-Related E-Mail - or Risk Fines

4/19/2010

BD Week

A Primer on the Attorney-Client Privilege, the Work Product Doctrine and Waiver, and How These Concepts May Arise Within the Reinsurance Context

4/2010
Kim V. Marrkand
Litigation Commentary and Review

Client Brief: Standard Setting and Patent Rights: Navigating Choppy Waters

3/31/2010



Start Planning Policies and Procedures to Comply with New Uptick Rule

3/15/2010

BD Week

Need AML Technology? Getting it Through Clearing Firms Can Be Cheaper

3/8/2010

BD Week

Expect More Inquiries Soon; FinCEN Expanded Information Request Begins

2/15/2010

BD Week

AML Cases Emphasize the Need for Automation, Targeted Risk Assessment

2/8/2010

BD Week

Employers Must Be Able to Monitor Electronic Devices They Pay For

2/1/2010
Mitch Danzig
U.S. News & World Report

Client Brief: Recent Change in Patent Marking Law Cause for Concern to Patent Owners

2/1/2010



Securities Litigation and White Collar Defense Alert: Khuzami Announces Initiative To Encourage Cooperation by Individuals and Companies with SEC Investigations

1/14/2010



Litigation Alert: Business Litigation Session “Pilot Project” To Reduce Spiraling Discovery Costs Takes Flight

1/12/2010



Litigation Alert: In-House Counsel Sanctioned for Failing to Monitor the Preservation of Electronic Evidence

12/18/2009



Public Finance and Litigation Alert: Governor Patrick Signs Bill Delaying Implementation of Lobbying Law

10/2/2009



Public Finance and Litigation Alert: Legislature Passes Bill Delaying Implementation Date of Lobbying Law

9/30/2009



E-Discovery Alert: Court Provides Essential Guidance Concerning the Production of Electronic Materials in a Recent Decision

7/14/2009



California Litigation Alert: California Signs Into Law New E-Discovery Rules

7/13/2009



Public Finance and Litigation Alert: Massachusetts Ethics, Lobbying and Campaign Reform—How Will it Affect You?

7/2/2009



Litigation Advisory: Breaking New Ground in Dover Amendment Law

4/21/2009



E-Discovery Advisory: Courts Seek Sanity in the Development and Implementation of Search Terms

4/10/2009



Litigation Alert: The Supreme Court Upholds a Jury Verdict against Wyeth Based on a Failure-to-Warn Theory

4/3/2009



Crisis Poses New Risks to Directors

3/19/2009
Victor F. Mustelier
Directorship Magazine

Insurance/Reinsurance and Litigation Alert:California Supreme Court Holds That Escape of Pollutants — Not Deposit — is the Relevant Discharge for Application of the Pollution Exclusion, and that Insurer Can be Liable for Indivisible Damages

3/13/2009



Litigation and Securities Alert: Using the Attorney-Client Privilege to Protect Drafts of SEC Filings

2/6/2009



E-Discovery Advisory: 2008 in Review - Developments in Electronic Discovery

1/26/2009



Litigation and Securities Advisory: Litigation Triggered by Madoff Collapse

1/22/2009



Retail and Consumer Products Advisory: Selling and Honoring Gift Cards in Bankruptcy

1/16/2009



Gainsharing Arrangements: A Review of the Governing Law and CMS's Proposed New Stark Exception

1/2009
Garrett G. Gillespie and Brian P. Dunphy
HFMA Massachusetts-Rhode Island Chapter, Mass Media (Volume XXXVI Issue 2)

Litigation and Securities Alert: Collapse of Bernard L. Madoff Investment Securities LLC

12/18/2008



The Federal Acquisition Regulations' Forthcoming "Integrity Reporting" Disclosure Requirement Should Have Federal Contractors on Their Guard, But Not Running for the Hills.

12/2008
Benjamin B. Tymann and Peter D. McCarthy
Massachusetts Bar Institute Section Review

Evidence Rule 502 Revamps Waiver-of-Privilege Analysis

10/6/2008
Kevin N. Ainsworth
New York Law Journal

Litigation Alert: New Federal Law to Reduce Litigation Expense

9/23/2008



Taking Stock of Your Own House: Proactively Responding to the Subprime Mortgage Crisis

7/22/2008
Bridget Rohde
CFO.com

Litigation Alert: Recent Case Highlights Pitfalls in Electronic Discovery

7/21/2008



Notice-of-Circumstances Provisions in Claims-Made Policies

7/2008
Victor F. Mustelier
Coverage

Notice-of-Circumstances Provisions in Claims-Made Policies

7/2008
Victor F. Mustelier
The Insurance Coverage Law Bulletin

Litigation Alert: SJC Announces New Civil Pleading Standard and Revises G.L. c. 93A, § 9 Injury Requirement

6/24/2008



Housing Advisory: SJC Issues Two Decisions Concerning When Towns Can Litigate Their Compliance with Chapter 40B's Thresholds

6/5/2008



Privacy and Security Alert: The FTC Approves Long-Awaited CAN-SPAM Discretionary Rule

5/13/2008



Housing Alert: SJC Holds That Easement over Municipal Land Is Not Authorized under Chapter 40B

4/10/2008



Housing Alert: Supreme Judicial Court to Hear Seven Housing Cases in February

1/30/2008



The Subprime Mortgage Crisis and D&O Insurance

1/2008
Nancy Adams
The Insurance Coverage Law Bulletin

Housing Advisory: Housing Appeals Committee Decides Important Policy Question, Telling Municipal Boards of Appeals Not to Invade the Province of State Subsidizing Agencies

11/30/2007



Public Finance and Litigation Advisory - SJC: Attorney-Client Privilege for Government Officials

8/15/2007



Corporate Governance in the Age of Corporate Scrutiny

7/26/2007
Jonathan Rosen and Noam Fischman
San Diego Daily Transcript

Litigation Article: Tempted By, Deferred Prosecution? Watch Out for Answered Prayers

4/12/2007



Housing Advisory: Appeals Court Grants Abutters Two Chances to Appeal Comprehensive Permits; Ruling Raises Practical Questions

4/6/2007



Litigation Article: Deferred Defense

3/9/2007



Litigation Advisory: McNulty Memorandum Revises DOJ Guidelines for Corporate Prosecutions, but Is It Enough?

1/10/2007



Decision of the Massachusetts Superior Court Business Litigation Session Underscores that Timely, Thorough and Independent Internal Investigations are Essential to Corporate Well-Being

Winter 2007
R. Robert Popeo and Benjamin B. Tymann
Massachusetts Bar Association Section Review

Litigation Article: Avoiding Costly Patent Litigation and Promoting the Advancement of Homeland Security Solutions for the Government Through 28 U.S.C. § 1498 , Patent, Trademark & Copyright Journal, Vol. 71, No. 1766 (2006)

4/21/2006



Litigation Publication: Prohibiting Denial By Delay: The Supreme Judicial Court Protects Subsidized Housing From Appeals By Town Officials

10/1/2003



Privacy Newsletter: New California Privacy Law Requires Dislosure of Security Breaches

7/15/2003



Litigation Publication: Class Action Newsletter

5/15/2003



LTC Matters: Litigation Buyout Insurance: Removing Pending Legal Actions from the Deal

3/28/2003



Internet Law Publication: Domain Names as Property

2/1/2003



LTC Matters: Avoiding the Malpractice Lawsuit: Managing Relationships as a Risk Management Strategy

11/1/2002



Litigation Publication: Class Action Newsletter

10/15/2002



LTC Matters: Some Congressional Momentum, but Federal Medical Tort Reform Unlikely

9/1/2002



Litigation Client Alert: Document Retention

7/26/2002



Privacy Newsletter: FTC Issues Rule for Safeguarding Customer Information

6/1/2002



Litigation Publication: Massachusetts State Sentencing Enhancements

6/1/2002



Litigation Publication: Mass. Superior Court Civil Jury Instructions: Privacy (Chapter 7), MCLE (2003)

6/1/2002



Litigation Publication: Mass. Superior Court Civil Jury Instructions: Intentional Infliction of Emotional Distress (Chapter 8), MCLE (2003)

6/1/2002



Litigation Publication: Mass. Superior Court Civil Jury Instructions: Employment Discrimination (Chapter 5), MCLE (2003)

6/1/2002



Litigation Publication: Mass. Superior Court Civil Jury Instructions- Defamation (Chapter 6), MCLE (2003)

6/1/2002



Litigation Publication: Class Action Newsletter

5/15/2002



LTC Matters: Fisher v. Network Software Associates- A New Chapter in Successor Liability for Health Care Companies

3/1/2002



LTC Matters: Arbitration Agreements: Keeping It Out of the Courtroom

2/1/2002



Privacy Newsletter: United States Court of Appeals Holds That a Third Party Cannot Give Effective Consent to Password Protected Computer Files

1/1/2002



LTC Matters: Consumer Protection Claims: Provider Liability on the Increase

1/1/2002



Privacy Newsletter: Websites as Financial Institutions and Clinical Trials

9/1/2001



Memo from the Editor's Guest

2/9/1998

Medical Economics

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