Peter S. Brooks

Peter S. Brooks

Counsel

Contact Info

Phone: (617) 912-0915
Secondary Phone:
Fax: (857) 400-3770

Primary Office

Boston
131 Dartmouth Street
Suite 501
Boston, MA 02116

Peter S. Brooks

Counsel

Peter Brooks is one of the Firm's senior trial lawyers, having tried more than 75 cases over nearly 40 years in state and federal courts and private arbitrations around the country. Clients ranging from an international accounting firm and a marketing company to a fish importer and distributor have relied on Peter to take cases involving shareholder and partnership disputes, creditors' rights and business contracts  to judgment or verdict. He has handled business torts, including fraud, defamation, and unfair business practices, construction defects, civil rights actions, accounting malpractice and property loss claims for companies across an array of industries including retail, manufacturing, and service businesses. A significant part of his trial practice has also included real estate acquisition cases, commercial lease disputes, land use development and zoning matters and land title, easements, and right-of-way cases. 

In addition to an active trial practice, Peter has handled more than 40 full appeals in the U.S. Court of Appeals, the Supreme Judicial Court of Massachusetts and the Appeals Court of Massachusetts. He is admitted to the U.S. Supreme Court and U.S. Court of Appeals for the First, Third and Fourth Circuits.

Experience

Shareholder and Partnership Disputes

Peter has represented majority and minority shareholders, members of limited liability companies, and general partners in cases of breach of fiduciary duty, misappropriation of business opportunities and trade secrets, and mismanagement cases. For example:

Obtained a sizeable award of actual and punitive damages from a federal jury in a case by one partner against another for the illegal access of emails
Obtained a jury verdict in a minority stockholder breach of fiduciary duty suit and had the appeal of that verdict dismissed on account of the appellant's failure to provide post-trial discovery
Obtained a defense verdict in a jury trial between two business partners in which the plaintiff sought to enforce the terms of a stock repurchase agreement
Obtained a complete defense verdict for a majority shareholder and general partner in a minority shareholder breach of fiduciary duty suit after a three-week bench trial and had the judgment affirmed on appeal
Represents the majority owner of a private equity fund in the defense of claims by a minority member of mismanagement and breach of fiduciary duty
Creditors Rights

Peter handles a ranges of creditor's rights cases for both lenders and borrowers involving loan agreements, guaranties, mortgages and lender liability claims:

Defeated a request for a preliminary injunction in a case seeking equitable subrogation of a subordinate mortgage
Obtained federal court receivership orders on behalf of a special servicer of secured loans with principal balances of approximately $100 million in two cases
Represented the holder of a foreign judgment in an action for fraudulent conveyances and secured an eight-figure settlement on the eve of trial
Business Contracts

Peter has tried dozens of cases arising from the breach of business contracts in a wide variety of industries:

Recovered approximately $1.5 million after a five-day jury trial for breach of contract on behalf of a food manufacturer
Represented New England fish importer and distributor in the defense of a $20 million claim of breach of contract pending in Buenos Aires, Argentina
Prevailed on summary judgment in a multi-million dollar claim by a marketing company to recover a termination fee
Business Torts

Peter has litigated and tried a wide variety of business tort cases including cases of fraud, conversion, defamation, theft of trade secrets, violations of non-compete agreements, violations of state unfair competition laws and violations of the federal Lanham Act:

Obtained a complete defense verdict, which was upheld on appeal, for an international accounting firm in a multimillion dollar accounting and auditing malpractice claim after a three-week jury trial
Represents an investor against his partners in a large commercial real estate development in a claim of fraud for making false and incomplete disclosures
Obtained a jury verdict for a property owner in the defense of several multimillion dollar claims for property damage
Obtained a defense verdict on behalf of a retailer on claims of unfair business practices by a service provider
Obtained treble damages and a recovery of legal fees for a retail candy manufacturer against a vendor and employee for conversion, breach of fiduciary duty and fraud by establishing liability on the basis of the defendants' assertion of Fifth Amendment rights
Represented a trademark licensing company in a series of Lanham Act and patent cases in which determinations of non-infringement have entered for the company
Land Use and Real Estate Litigation

Peter has served a lead counsel in many cases in state Superior Court and Land Court involving special permits and variances, subdivision approvals, title issues, easements rights and cases seeking to enforce purchase and sale agreements:

Recovered a verdict of over $2 million in an eminent domain case after a six-day jury trial
Obtained a multimillion dollar verdict after a month-long jury trial in an action by a home builder against a local municipality under federal and state civil rights laws for the wrongful denial of building permits
Successfully challenged the construction of a private way as an unwarranted overburdening of an easement after a six-day bench trial
On two occasions, obtained permanent injunctions prohibiting interference with easements and private ways
Prevailed on summary judgment on a claim that an educational use was exempt from zoning regulation
Has on several occasions prevailed on claims that letters of intent and offers to purchase were binding contracts

Credentials and Accolades

Honors and Awards

Selected for inclusion in Massachusetts Super Lawyers, 2004 to present

Memberships and Affiliations

Vice-Chairman, Harvard Planning Board

Massachusetts Bar Association

Boston Bar Association

Dartmouth College Lawyers Alumni Association  

Education

J.D., Boston College Law School, 1979, cum laude

  • Order of the Coif

A.B., Dartmouth College, 1976, magna cum laude  

Bar Admissions

Massachusetts

Peter Brooks is one of the Firm's senior trial lawyers, having tried more than 75 cases over nearly 40 years in state and federal courts and private arbitrations around the country. Clients ranging from an international accounting firm and a marketing company to a fish importer and distributor have relied on Peter to take cases involving shareholder and partnership disputes, creditors' rights and business contracts  to judgment or verdict. He has handled business torts, including fraud, defamation, and unfair business practices, construction defects, civil rights actions, accounting malpractice and property loss claims for companies across an array of industries including retail, manufacturing, and service businesses. A significant part of his trial practice has also included real estate acquisition cases, commercial lease disputes, land use development and zoning matters and land title, easements, and right-of-way cases. 

In addition to an active trial practice, Peter has handled more than 40 full appeals in the U.S. Court of Appeals, the Supreme Judicial Court of Massachusetts and the Appeals Court of Massachusetts. He is admitted to the U.S. Supreme Court and U.S. Court of Appeals for the First, Third and Fourth Circuits.