Joseph D. Lipchitz

Joseph D. Lipchitz

Fraud and Breach of Fiduciary Duty

Select representations include:

  • An international pharmaceutical company in an eight-week fraud, conversion, and breach of fiduciary duty case against its former CEO, resulting in an verdict exceeding $1 million for the pharmaceutical company, and then succeeded on appeal in obtaining equitable forfeiture of the executive's salary, bonuses, and stock grants, yielding an $18 million judgment.
  • A high-profile hedge fund manager in a two-week jury trial involving allegations of securities fraud under the Massachusetts Uniform Securities Act as well as unfair and deceptive trade practices. In its verdict in favor of the client, the jury found no misrepresentation in connection with the offering of interests in a hedge fund. Shortly thereafter, the presiding judge of the Business Litigation Session found that the client had not engaged in any unfair and deceptive acts under the Massachusetts statute.
  • A corporate president and his company in a six-week bench trial in the Massachusetts Business Litigation Session involving fraud allegations. Successfully defended the clients and obtained a multimillion-dollar judgment on their counterclaims for fraud and breach of contract, which was recognized as one of the top bench verdicts for 2005 by Massachusetts Lawyers Weekly.

Post-Closing M&A Disputes, Shareholder Disputes and Intra-Corporate Issues

Select representations include:

  • A former CEO and business owner in a dispute with a publicly traded conglomerate that bought his company. The acquiring company refused to pay certain post-closing price adjustments as required in the purchase and sale agreement. Obtained a multimillion-dollar settlement for the client.
  • A Massachusetts security software company in an arbitration claim against a Fortune 100 company for breaching a complex software development agreement. Obtained a multimillion-dollar settlement for the client.

Defamation, Media & First Amendment

Select representations include:

  • An international pharmaceutical company in a defamation claim by its former CEO, who alleged that he was libeled by the company's press release and other statements about his misconduct. The defamation claim was dismissed on summary judgment with the court ruling that he was a limited purpose public figure. This decision was affirmed by the Massachusetts Supreme Judicial Court on appeal, with former Chief Justice Margaret Marshall recognizing it as one of her most "notable decisions" under the category of free speech. 
  • A major metropolitan newspaper in a defamation suit filed by Tom Scholz, a founder of the rock band BOSTON, who claimed its articles "implied" he was responsible for the death of former lead singer Brad Delp. His claims were dismissed on summary judgment, with the court assessing over $132,000 in costs in favor of the client. These rulings were affirmed by the Massachusetts Supreme Judicial Court in a seminal decision on the law governing opinion under the First Amendment.
  • A health care system and its senior officers in a defamation action filed by a former doctor after termination of his privileges. The defamation claim was dismissed.
  • A life sciences company in stopping a competitor from using false and defamatory statements in a side-by-side comparison with customers and industry stakeholders.
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