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 particular expertise counseling private equity clients regarding legal and regulatory issues associated with major transactions and post-acquisition issues in a variety of industries. 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 also been recognized by Legal 500 as a Recommended Lawyer for Trade Secrets where he was noted as “a superb litigator with specialized knowledge in trade secrets” “who successfully tried a landmark trade secrets case in Massachusetts” and “a leading trade secrets practitioner in Massachusetts and nationally.” 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. He is a frequent lecturer on trial practice and trade secrets.
Notable Business and Employment Experience
- Successfully representing a medical device company in a workout and restructuring of an acquisition and earn-out agreement.
- 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.
- 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.
- 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. 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.
- 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 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.
Awards and Recognition, Speaking Engagements, Guides and Resources, Latest Thinking, Firm News & Announcements
Awards and Recognition
- Patrick O'Toole Named a "Leading" Lawyer for Litigation: General Commercial: Massachusetts Award Brief — Chambers USA
- Patrick O’Toole Recognized as a Recommended Lawyer for Trade Secrets in the U.S. Award Brief — Legal 500
Practical Considerations for Companies to Protect Trade Secrets and Avoid Missteps
Patrick J. O'Toole Jr.
June 2, 2022 — Boston, MA — Weil partner Patrick O’Toole co-presented at the Boston Patent Law Association’s Annual IP Symposium on “Practical Considerations for Companies to Protect Trade Secrets and Avoid Missteps.”
The Proper Identification of Asserted Trade Secrets in Misappropriation Cases
Patrick J. O'Toole Jr.
May 9-10, 2022 — Denver, CO — Complex Commercial Litigation and White Collar Defense and Investigations partner Patrick O’Toole served on a panel titled, “The Proper Identification of Asserted Trade Secrets in Misappropriation Cases” at the 2022 Sedona Conference on Developing Guidelines for Trade Secret Issues.
Firm News & Announcements
- Weil Advised Berkshire-Backed National Carwash Solutions Inc. in its Acquisition of Zep Vehicle Care Deal Brief — November 04, 2021