Mr. O’Toole’s recent civil and criminal experience includes:
- Argued and won summary judgment which included 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).
- 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)
- 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. After an 11-week criminal jury trial in federal court in Montana, the client was acquitted on all counts.
- Winning a significant jury verdict on behalf of a public employee pension fund in breach of contract and fiduciary duty claims against an investment advisor
- 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
- After trial, obtaining judgment on behalf of an employer on a claim the employer failed to pay sales commissions
- Successfully defending a hedge fund and its founders in a partnership dispute and settlement
- Successfully defending a health insurer in a class action brought by physicians alleging that various health insurers engaged in a civil RICO conspiracy
- Representing a mezzanine lender in a major condominium project in connection with developer’s bankruptcy
- Successfully defending a company and its owners in connection with a potential criminal fraud indictment involving the company’s credit facility
- Successfully defending a private equity portfolio company in joint criminal investigation by Department of Justice and the Office of the Inspector General
- Successfully defending a corporation involved in a land receivable financing in investigations by the Department of Justice, HUD and, various state attorneys general offices
- Obtaining 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)
Mr. O’Toole also has significant experience counseling clients in connection with major transactions. Recently, he has advised Berkshire Partners, Thomas H. Lee Partners, Broad Street Principal Investments, Advent International and Verde Realty (a majority-owned subsidiary of funds managed by Brookfield Property Partners LP, a publicly traded owner, operator, and investor in commercial properties) in such matters.
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 is a frequent lecturer on issues relating to trial practice. He is also a Private Practice Fellow of the Litigation Counsel of America.