Patrick J. O'Toole Jr.

Biography

Patrick OToole
Patrick O’Toole is a partner in Weil’s Complex Commercial Litigation and White Collar Defense & Investigations Groups. A seasoned trial attorney, Patrick represents clients in a broad spectrum of complex commercial and criminal litigation in state and federal courts, appellate courts, and before arbitration panels, with particular expertise in Massachusetts state courts. Patrick also has significant experience representing clients in civil and criminal investigations and regulatory enforcement proceedings.

A member of the Firm’s Trade Secrets Task Force, Patrick is also an experienced trade secrets practitioner who has been recognized in a published decision as having “remarkably excellent and unique levels of specialized knowledge in intellectual property and trade secret law.” He has particular expertise counseling private equity clients regarding legal and regulatory issues including trade secret matters associated with major transactions and post-acquisition issues in a variety of industries. Since its inception, Patrick has held a variety of leadership roles within the Sedona Conference’s Trade Secrets Working Group 12, an invitation-only group of thought leaders in trade secret law. Patrick currently serves on its Steering Committee. In 2017, Patrick served as a dialogue leader at its inaugural conference Developing Best Practices for Trade Secret Issues. In 2020, he was a Contributing Editor for The Sedona Conference Commentary on the Proper Identification of Asserted Trade Secrets in Misappropriation Cases. In 2021, he served as Steering Committee Liaison for The Sedona Conference Commentary on Protecting Trade Secrets in Litigation About Them, and as Contributing Editor for The Sedona Conference Commentary on Equitable Remedies in Trade Secret Litigation. He also served as dialogue leader for “The 2021 Sedona Conference on Developing Guidelines for Trade Secret Issues” and “Getting in and Staying Out of Trouble: Ethical Issues in Trade Secret Cases” at The Sedona Conference’s Annual Meeting.

Notable Business and Employment Experience

  • Winning a significant jury verdict on behalf of a public employee pension fund in a derivative breach of contract and fiduciary duty claims against an investment advisor.
  • After trial, obtaining judgment on behalf of an employer on a claim the employer failed to pay sales commissions.
  • Argued and won summary judgment and the award of injunctive relief on behalf of an investment management firm against two mutual funds. The Supreme Judicial Court of Massachusetts (SJC) affirmed the trial court’s decision. The SJC recognized that “[t]he right of shareholders to vote for the trustees of a business trust is one of the most important rights arising from stock ownership,” and that “[d]elay in holding a shareholder election diminishes electoral rights by allowing these trustees to become deeply entrenched and to continue to harm the interests of the shareholders.” Brigade Leveraged Capital Structures Fund Ltd. v. PIMCO Income Strategy Fund, 466 Mass. 368, 2013 WL 4799056 (Mass. Sep 11, 2013).
  • Obtaining summary judgment on behalf of a professional trustee in breach of fiduciary claim against co-trustee.
  • Winning an arbitration award on behalf of selling shareholders in an action claiming a significant royalty was due on technology the buyer had acquired.
  • Successfully defending a hedge fund and its founders in a partnership dispute and settlement.
  • After winning a motion to dismiss claims for violation of the Massachusetts Consumer Protection Act (Chapter 93A) and civil conspiracy, successfully resolved claims against a global equity asset manager arising from an exclusive agency agreement.
  • Successfully defending a health insurer in a class action brought by physicians alleging that various health insurers engaged in a civil RICO conspiracy.
  • Advising numerous employers in investigations relating to alleged improper conduct.

Notable Trade Secret Experience

  • 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. 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 subsequently affirmed the trial court's judgment in full.
  • Obtaining complete dismissal of federal complaint alleging various antitrust and unfair competition claims including violations of the Lanham Act and Mass. Gen. Laws ch. 93A. JPS Elastomerics Corp. v. Specialized Technology Resources, Inc., 769 F.Supp.2d 17 (D.Mass. 2011).
  • Successfully resolving trade secret and misappropriation claims brought by a private equity portfolio company against an international consulting company.
  • Winning the dismissal of civil RICO, prima facie tort, defamation, and violation of the Computer Fraud and Abuse Act (CFAA), and claims that various defendants conspired to defame plaintiff and engaged in a fraudulent scheme to obtain confidential information arising from plaintiff’s dismissal as a senior executive position with a foreign governmental entity. El Omari v. Buchanan et al., No. 20 CIV. 2601 (VM), 2021 WL 5889341 (S.D.N.Y. Dec. 10, 2021).

Notable Criminal Matters and Investigations

  • Serving as 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. The client was acquitted on all counts after an 11-week criminal jury trial in federal court in Montana.
  • Serving as co-trial counsel in a nationally reported criminal case representing a former national sales director in a four-month federal criminal trial involving the sale of opioid pain medication.
  • Leading numerous internal and governmental investigations involving a wide range of employment, regulatory and criminal issues.
  • Successfully defending a company and its owners in connection with a potential criminal fraud indictment involving the company’s credit facility.
  • Successfully defending clients in criminal investigations by Department of Justice, the Office of the Inspector General, HUD, and various state attorneys general offices.

Patrick has been recognized by Chambers USA as a Leading Lawyer for Commercial Litigation in Massachusetts, where clients described him as “the whole package – excellent on paper, in person and in court. He is an earnest advocate who exudes quiet confidence and expertise.”

Patrick has an active pro bono practice and is chair of the Boston office’s Pro Bono Committee. For several years, he has served as outside general counsel to Massachusetts Legal Assistance Corporation (MLAC) and Inner City Weightlifting (ICW).

Patrick began his legal career by serving clerkships with the Honorable Francis J. Boyle of the U.S. 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, he was an attorney at two large Boston law firms. He also was a Special Assistant District Attorney where he served as a prosecutor in criminal trials.

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