Representative Matters*
Business / Commercial Litigation
Served for 12 years as outside litigation counsel for a leading global biopharmaceutical services organization, representing the company in general business litigation matters; Rule 45 subpoena practice, including internal fact investigation to evaluate potential exposure, employee interviews, document holds, negotiation with requesting parties, protection of confidential information and trade secrets, and motion practice in connection with antitrust, securities, RICO, and products liability class actions, patent disputes, and qui tam litigation; and grand jury subpoena responses, including related internal investigations and negotiation with government entities concerning scope of search, collection, and production.
Successfully represented a company and its CEO in a multi-million dollar close corporation dispute in the Business Litigation Session of the Superior Court. The matter was settled shortly before trial.
Successfully represented a former franchise employee in a federal Defend Trade Secrets Act and related common law tort action brought by a national franchisor against my client and the co-defendant former franchisee. The matter was settled shortly before a scheduled hearing on the franchisor’s motion for a preliminary injunction via a consent order that allowed my client to continue operating his business.
Represented a South African technology company in international arbitration, in which the claims included breach of licensing agreement and misrepresentation against an American technology company; obtained award of over $6 million.
Successfully opposed a motion to compel brought by Hatch-Waxman plaintiff against my client, a non-party, then-publicly traded clinical research organization (United Therapeutics Corp. v. Watson Labs., Inc., 200 F.Supp.3d 272 (D. Mass. 2016)).
Successfully represented a hotel proprietor in a construction dispute with a general contractor. After we compelled arbitration with the general contractor under the Massachusetts Arbitration Act, the matter was resolved through mediation prior to hearing.
Successfully represented an international industrial materials company and its owner in parallel employment and breach of contract disputes against a former employee; both disputes were resolved through mediation.
Successfully defended leading civil engineering firm in two-year-long, major criminal and False Claims Act investigation by the Massachusetts Attorney General’s Office into allegations that client had committed environmental crimes and had engaged in fraud in connection with contracts it had with state agencies and municipalities. The matter ultimately was resolved by a civil settlement whereby the client admitted no wrongdoing and no criminal charges were brought.
Successfully represented the seed investors in breach of contract and fiduciary duty litigation against a hedge fund manager in the Superior Court’s Business Litigation Session, reaching a multi-million-dollar settlement after jury empanelment.
Successfully represented a marketing vendor in a RICO class action alleging illegal off-label promotion of antipsychotic medication. The matter was resolved on motion to dismiss, which was upheld on appeal (Ironworkers Local Union 68 v. AstraZeneca Pharm., LP, 634 F.3d 1352 (11th Cir. 2011)).
Real Estate / Land Use Litigation
Successfully represented property owners in an adverse possession and trespass dispute with a downhill abutting property owner in Land Court; drafted and negotiated terms of agreement for judgment resolving case.
Successfully represented a municipal land bank in a trespass action in Land Court against an entity operating a hotel and restaurant on adjacent property; matter resolved through agreed judgment requiring removal of encroaching property and prohibiting defendant from entering or using land bank’s premises.
Successfully represented a property owner in an adverse possession dispute against owner of adjacent lot in Land Court; matter resolved through land swap involving disputed area of property.
Government / Administrative Law
Filed an amicus brief for a congressional candidate in a Massachusetts Supreme Judicial Court case concerning constitutionality of mail-in voting deadlines for state primary election (Grossman v. Sec’y of Commonwealth, 485 Mass. 541 (2020)).
Successfully represented petitioner for clemency in Massachusetts in 2014, obtaining one of the first pardons in the Commonwealth since 2002 for pro bono client.
* Note: The majority of the above engagements reflect Attorney Cosmas’ practice prior to Cosmas Law LLC.