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Mr. O’Toole is a partner in Weil’s Boston office where he practices in Weil’s Complex Commercial Litigation and White Collar Defense & Investigations Groups. Mr. O’Toole regularly litigates breach of fiduciary duty claims against officers, directors, shareholders, partners, and trustees in state and federal courts. In addition to his trial work, Mr. O’Toole represents clients in civil and criminal investigations and regulatory enforcement proceedings. He is also actively involved in the firm’s corporate practice and routinely counsels clients on legal and regulatory issues associated with major transactions. Mr. O’Toole has represented clients before numerous state and federal courts and arbitration panels. Mr. O’Toole’s recent civil and criminal experience includes:

• After a jury trial and extensive post-trial evidentiary proceedings in a trade secret case, obtained judgment in favor of plaintiff awarding treble damages, a permanent injunction, a five-year production injunction and attorneys' fees under the Massachusetts Unfair and Deceptive Practices Act ("Chapter 93A"). In her Memorandum of Decision and Order, the trial judge found that “[e]ach party was represented by excellent lawyers . . . [who] thoroughly prepared the case and masterfully tried it” and that the professional portfolios of plaintiff’s counsel “evidence remarkably excellent and unique levels of specialized experience in intellectual property and trade secret law.” Specialized Technology Resources, Inc. v. JPS Elastomerics Corp., 28 Mass. L. Rptr. 163, 2011 WL 1366584, *11, *13-14 (2011). The Massachusetts Appeals Court affirmed the trial court's judgment in full. See Specialized Technology Resources, Inc. v. JPS Elastomerics Corp., et al., 80 Mass. App. Ct. 841, 957 N.E.2d 1116 (Mass. App. Ct. 2011). The decision was profiled in the December 5, 2011 issue of Massachusetts Lawyers Weekly.
• Obtained complete dismissal of federal complaint alleging various antitrust and unfair competition claims including violations of the Lanham Act and Mass. Gen. Laws ch. 93A. See JPS Elastomerics Corp. v. Specialized Technology Resources, Inc., 769 F.Supp.2d 17 (D.Mass. 2011)
• Co-trial counsel in the successful defense of a former Senior Vice President of W.R. Grace, who was charged with violating the knowing endangerment provision of the Clean air Act and conspiring to defraud the United States. After an 11-week criminal jury trial in federal court in Montana, the client was acquitted on all counts.
• Awarded summary judgment on behalf of an investment management firm against two mutual funds. The trial court found that the mutual funds violated their bylaws and issued injunctive relief.
• Jury verdict on behalf of a public employee pension fund in breach of contract and fiduciary duty claims against an investment advisor
• Awarded summary judgment on behalf of a professional trustee in breach of fiduciary claim against co-trustee
• Received arbitration award on behalf of selling shareholders in an action claiming a significant royalty was due on technology the buyer had acquired
• Awarded judgment on behalf of an employer on a claim the employer failed to pay sales commissions
• Obtained the wireless industry’s first major victory before the First Circuit Court of Appeals in an action that held that the Telecommunications Act of 1996 preempts the procedural requirements and appeal processes of state zoning law. Brehmer v. Planning Bd. of the Town of Wellfleet, 238 F.3d 117 (1st Cir. 2001)
• Successfully defended a hedge fund and its founders in a partnership dispute and settlement
• Represented a health insurer in a class action brought by physicians alleging that various health insurers engaged in a civil RICO conspiracy
• Represented a mezzanine lender in a major condominium project in connection with developer’s bankruptcy
• Defended an internet private network provider in litigation involving claims of breach of contract and various business torts
• Counseled private equity clients regarding potential acquisitions and post-acquisition issues in a variety of industries including media and publishing, insurance, consumer products, nutritional products and vision services
• Defended a selling shareholder on claims the seller misrepresented the value of its business and engaged in fraudulent acts in connection with sale
• Successfully defended a company and its owners in connection with a potential criminal fraud indictment involving the company’s credit facility
• Successfully defended private equity portfolio company in joint criminal investigation by Department of Justice and the Office of the Inspector General
• Successfully defended a corporation involved in a land receivable financing in investigations by the Department of Justice, HUD and, various state attorneys general offices

  Mr. O’Toole began his legal career by serving clerkships with the Honorable Francis J. Boyle of the US District Court for the District of Rhode Island and the Honorable Neil L. Lynch of the Supreme Judicial Court of Massachusetts. Prior to joining the firm, Mr. O’Toole was an attorney at two large Boston law firms. He also was appointed a Special Assistant District Attorney where he served as a prosecutor in criminal trials.

  Mr. O’Toole co-authored, “1993-1994 Appellate Year in Review,” published by the Flaschner Judicial Institute, a Massachusetts not-for-profit foundation dedicated to the continuing education of members of the Massachusetts state judiciary. In addition, Mr. O’Toole is a frequent lecturer on issues relating to trial practice. He is a Private Practice Fellow of the Litigation Counsel of America.

  He is admitted to practice in Massachusetts and before the US Court of Appeals for the First Circuit and the US District Court for the District of Massachusetts. Mr. O’Toole received his BS from Stonehill College in 1987 and JD, cum laude, from Suffolk University Law School in 1991.

• Bar Admissions
  US Court of Appeals 1st Cir.; District of Massachusetts; Commonwealth of Massachusetts

• Education
  Stonehill College (B.S., 1987); Suffolk Univ Law School (J.D., 1991)