James C. Donnelly
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James C. Donnelly
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James C. Donnelly Jr.
Firm: Mirick, O'Connell, DeMallie & Lougee, LLP
Address: 100 Front Street
Suite 1700
Worcester, MA 01608-1426
Phone: 800-741-4015
Fax: 508-983-6250
E-mail: Contact Us
Web site: http://www.mirickfamilylaw.com
http://www.modl.com
http://www.mirickoconnell.com
Offers Free Initial Consultation
Accepts Credit Cards

Position Areas of Practice Litigation Percentage
Bar Admissions Education Honors
Published Works Affiliations Representative Clients
Representative Cases
Lawyer Profile:

Jim is a partner whose practice focuses on complex civil litigation and business disputes with an emphasis on business, corporate and fiduciary matters, including business torts, breach of fiduciary duty, unfair competition and intellectual property litigation.He advises clients on risk analysis and dispute resolution.He chaired the firm's Litigation Group from 1992 to 1996.

Jim has more than 35 years of experience in trial and appellate courts in Massachusetts. He is admitted in several other jurisdictions, including the U.S. Courts of Appeals for the First, Second, Third and Seventh Circuits in Boston, New York, Philadelphia and Chicago, respectively; as well as the U.S. District Courts for the Districts of Massachusetts and the Northern District of Ohio; and the U.S. Tax Court. He has also been specially admitted for particular matters in state and/or federal courts in New Hampshire, Connecticut, Illinois, Texas and Washington State. He is an experienced negotiator and has served as a court-appointed master and mediator in complex business disputes.

In 2009 and 2010, Jim was named a Massachusetts "Super Lawyer" by Boston magazine and Law & Politics. He was recently selected by his peers for inclusion in the 2012 edition of The Best Lawyers in America in the field of Corporate Law.

Representative Matters

  • Recovered on behalf of investors a $4 million settlement from the CEO of a public company, paid by the CEO personally and not by the company
  • Secured a judgment of more than $6 million against a director who misappropriated funds that were intended for investment in a corporation
  • Obtained a decision rejecting the decision of a public company's special litigation committee to terminate a shareholder derivative action alleging executive misconduct, and played a significant role in a proxy contest that ultimately generated approximately $64 million for shareholders. The case is the subject of a Harvard Business School Case Study and featured in a recently published book on corporate governance.
  • Negotiated a $1.5 million settlement of patent infringement claims against a large international business-news media company
  • Secured a settlement of $1 million during trial in a corporate opportunity case against corporate officers of a private company
  • Represented the audit committee of a public company in an internal investigation
  • Represented an officer of a public company in a joint securities fraud investigation by the Department of Justice and the SEC
  • Represented the chairman of the board of a public company in a special investigation that successfully avoided SEC enforcement actions
  • Successfully defended a former CEO from company allegations of improper conduct, and subsequently obtained an arbitration award compelling the company to fully reimburse the entire cost of the client's defense
  • Obtained injunctions in trademark infringement cases and successfully defended them on appeal
  • Defeated a motion for preliminary injunction and subsequently obtained an arbitration award in a complex trade secret case establishing that the client had legitimately acquired the right to use the plaintiff's allegedly secret manufacturing technology, valued at $10 million, without royalty obligations
  • Obtained a judgment for triple damages plus attorneys' fees exceeding $1 million in a construction contract dispute
  • Obtained an appellate decision that not only required an insurer to defend and indemnify its insured in a case disputing coverage and the duty to defend, but ordered the insurer to reimburse the litigation expense
  • Obtained a landmark decision from the Supreme Judicial Court of Massachusetts ruling that newspapers cannot be subjected to sales and use tax based on the proportion of space devoted to advertising
  • Obtained a landmark decision from the Supreme Judicial Court of Massachusetts affirming a trial court decision exonerating senior hospital officials from claims that they wrongfully terminated hospital privileges and engaged in improper electronic eavesdropping on a medical staff physician
  • Obtained from the U.S. Court of Appeals a decision granting judgment for the plaintiff and remanding to the U.S. District Court of Appeals for calculation of damages in a case interpreting complex business and insurance contracts
  • Litigated a broad range of disputes to final decisions at the trial and appellate levels
  • Frequently negotiated private resolutions of such disputes
    Served as a court-appointed master supervising discovery and mediating the settlement of a complex shareholder dispute
  • Counseled and represented business organizations on a broad range of risk management strategies that do not include litigation

Publications/Presentations

  • Massachusetts Bar Association Annual In-House Counsel Conferences (2006-2009); Organizer and Panel Chair leading panels on professional responsibilities of in-house counsel for corporate governance, best practices for internal investigations, corporate risk analysis and risk management, etc.
  • Reprinted from MBA and included in course materials for seminar entitled, "How to Identify and Protect Trademarks" in October, 2001, Trademarks, Domain Names and the World Wide Web: The Anticybersquatting Consumer Protection Act of 1999 and The ICANN Uniform Domain Name Dispute Resolution Policy
  • Reprinted and published as part of course materials for a seminar entitled "Data Privacy in the New Information Age", MCLE, 2001, product #20011904430 on April 12, 2001, "Privacy and Security on the Internet: What Rights, What Remedies?"
  • Reprinted and published as part of course materials for a seminar entitled "Data Privacy in the New Information Age", MCLE, 2001, product #20011904430 on April 12, 2001, "Setback for Internet Privacy Class Action Plaintiffs: Double Click Wins First Round"
  • "How to Identify and Protect Trademarks" in October, 2001, Trademarks, Domain Names and the World Wide Web: The Anticybersquatting Consumer Protection Act of 1999 and The ICANN Uniform Domain Name Dispute Resolution Policy
  • "Data Privacy in the New Information Age", MCLE, 2001, product #20011904430 on April 12, 2001, "Privacy and Security on the Internet: What Rights, What Remedies?"
Current Employment Position(s):
Partner

Areas of Practice:
Intellectual Property
Business & Securities Litigation
Health Law
Business and General Litigation
Securities and Shareholder
Alternative Dispute Resolution
Patent and Intellectual Property
Litigation Percentage:
100% of Practice Devoted to Litigation
Bar Admissions:
Massachusetts, 1973
U.S. District Court District of Massachusetts, 1974
U.S. District Court Northern District of Ohio, 1991
U.S. Court of Appeals 1st Circuit, 1983
U.S. Tax Court, 1988
Education:
Boston College Law School, Boston, Massachusetts, 1973
J.D.
Honors: cum laude
Honors: Order of the Coif

Dartmouth College, Hanover, New Hampshire, 1968
B.A.

Published Works:
"Primer on Federal Fraud and Abuse Laws for Physicians", Massachusetts Medical Society, Young Physicians, October, 2011

Co-Author, Mirick O'Connell Business Law e-Report

"Attorneys Fees in Insurance Coverage Litigation: A Partial Reaffirmation of the American Rule" (with Michael R. Christy), Boston Bar Journal, no. 1, January/February, 2007

"Avoiding Class Action Law Suits Concerning Lease Insurance Programs", Journal of Equipment Leasing, no. 3, Fall, 2006

Co-Author, "Guilty Until Proven Innocent? The Reverse Burden of Proof and 'Strict Scrutiny' vs. the Business Judgment Rule in Cases of Fiduciary Duty", Massachusetts Bar Association Section Review, no. 3, 2006

Co-Author, A Short Summary of Massachusetts Law Concerning Rights & Obligations of Shareholders of Close Corporations, Massachusetts Bar Association CLE Publications

Co-Author, "A Matter of Trust: The Impact of Fiduciary Duty on Private Companies", Worcester Business Journal, May 2, 2005

"The Right to Anonymous Speech: Cybersmear Suits and the First Amendment", Boston Business Journal, February 1, 2002

"Cyberpiracy Law Brings Trademark Protection Against Cybersquatters", Massachusetts Lawyers Weekly, June 12, 2000

"Copyright Law Won't Always Protect Your Software From Copycats", Mass High Tech, February 1-7, 1999

"To Avoid Trademark Law Violations, Don't Confuse The Consumer", Banker & Tradesman, March 9, 1998

"In Business, Imitation Is Not Always Flattery", New England Real Estate Journal , September 5, 1997

"Shareholder Disagreements In Closely Held Companies: Breaking Up Is Hard To Do", Boston Business Journal, November 7-14, 1997

Co-Author, "Trade Secrets and the Renegade Entrepreneur: The Practical Art of Protecting Trade Secrets", The Best of MCLE Journal, no.3, May, 1991

Representative Cases:
SCA Services, Inc. v. Morgan, 557 F.2d 110 (C.A.7 (Ill.) 1977)
New England Merchants Nat. Bank v. Lost Valley Corp., 400 A.2d 1178 (N.H. 1979)
Greenfield Town Crier, Inc. v. Commissioner of Revenue, 433 N.E.2d 898 (Mass. 1982)
Karll v. Minot Light Inc., 567 N.E.2d 219 (Mass.App.Ct. 1991)
C.P. Bourg, Inc. v. Wittco Systems, Inc., 1990 WL 150016 (D.Mass. 1990)
Representative Clients:
C.P. Bourg, Incorporated
Polar Corporation
Prime Communications, Incorporated
Wachusett Mountain Ski Area
Honors and Awards:
Who's Who in American Law

Editor-in-Chief, 1972 Annual Survey of Massachusetts Law

Army Commendation Medal for Meritorious Service

Professional Associations and Memberships:
American Bar Association
Member

Massachusetts Bar Association
Chair, Judicial Administration Section Council, House of Delegates, Former Member, Business Law Section Council and Appellate Bench Bar Committee

Worcester County Bar Association
Former Co-Chair, Federal Court Committee

Massachusetts Bar Association, Business Law Section Council
House of Delegates, Former Member, Appellate Bench Bar Committee

Past Employment Positions:
U.S. Army, Lieutenant, 1968 - 1970

Pro Bono Activities:
Trustee and President, Higgins Armory Museum
Former Trustee and Treasurer, American Antiquarian Society
Former Trustee, Worcester Center for Crafts
Former Members' Council, President and Former Trustee, Worcester Art Museum
Corporator; Monitoring and Evaluation Committee, Greater Worcester Community Foundation
Former President; president, Officers' Association, President, Dartmouth Club of Central Massachusetts
Former Member, Dartmouth Alumni Council
Birth Information:
1946, Newton, Massachusetts, United States of America
West Practice Categories:
Business & Commercial, Health Care, Intellectual Property, Litigation & Appeals, Securities

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