Douglas Otto — Representative Matters

For a more extensive list of cases and matters handled by Business Litigation & Dispute Resolution Practice Leader Douglas Otto, see below.

Complex Business and Commercial Law

• Successful client representation in numerous contract, business, shareholder and partnership disputes involving financial institutions; insurance agencies; real estate and investment companies; construction trades; product manufacturers; and, technology companies.
• Obtained summary judgement on behalf of drug-testing company and corporate officers against claims of anti-competitive behavior and unfair competition.
• Successful representation of plaintiffs and defendants in Lanham Act false advertising, trade secret, unfair competition, tortious interference and other business tort litigation.
• Obtained multi-million judgment on behalf of 4 plaintiffs in federal case involving fraudulent investment solicitation and violations of the RICO Act.
• Obtained dismissal of antitrust and attempted monopolization claims in cases involving telecom company and medical device manufacturer.
• Successful defense of warranty, fraud and breach of contract claims against product manufacturers.
• Obtained dismissal of claims against large public utility company in Massachusetts superfund cost recovery action involving 35-acre parcel in Boston/Everett.
• Co-counsel in complex class action defense of national roofing company against claims of defective shingles.
• Successful prosecution on behalf of commercial real estate landlord enforcing default remedy and collecting damage under commercial lease.
• Successful prosecution on behalf of employer enforcing employee confidentiality and non-disclosure agreement obtaining financial recovery for employee’s misappropriation of trade secrets.

Copyright, Trademark and Patent Infringement

• Successful prosecution and defense of numerous patent, trademark and copyright infringement actions. Client representation includes litigation of licensing disputes.
• Obtained consent agreement, compensatory damages and attorney’s fees, for plaintiff healthcare technology provider in computer source code federal copyright action.
• Lead counsel appearing before the Federal Circuit Court of Appeals representing biotech company in a patent dispute involving p63 technology used to diagnose prostate cancer.
• Obtained permanent injunction on behalf of robotics company against competitor in federal copyright action securing proprietary technology solutions, software codes and numerous government research proposals.
• Successful defense of company client against Hollywood A-Lister’s multi-million dollar claim of copyright infringement.

Banks, Bankruptcy and Restructuring

• Successful defense of numerous creditors across multiple jurisdictions in bankruptcy adversary proceedings for avoidance of preferential and fraudulent transfers and conveyances, including representation in some of the nation’s largest bankruptcy proceedings, such as WorldCom; Allegiance Telecom; XO Communications; MicroAge; Enron; Global Crossing; CIT Group; SonicBlue; A.B. Dick; Gitto Global and Eastman Kodak.
• Successful defense of both bank and private lenders, as well as the FDIC, in numerous lender liability matters defending against claims for breach of implied warranties and contractual covenants, and usury. Clients have also included plaintiff-borrowers at the state and federal court level, as well as in loan workouts and restructurings.

Product Liability Defense

• Successful defense of national client companies against product liability claims resulting in fire, injury and death involving consumer and commercial appliances; sporting goods; and heavy machinery.