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    Attorneys

    Douglas B. Otto

    Douglas B. Otto

    Douglas B. Otto
    Of Counsel

    857-214-3123

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    Education

    • New England School of Law, J.D.

    • University of Michigan, B.A.

    Bar Memberships & Admissions

    • Massachusetts
    • U.S. Court of Appeals, 1st Circuit
    • U.S. District Court, Massachusetts
    • Federal Circuit Court of Appeals

    Doug concentrates his practice in complex business and commercial law, including the prosecution and defense of federal and common law copyright, trademark and patent infringement claims. Doug litigates claims based in unfair competition, fraud and antitrust violations, theft of trade secrets, invasions of privacy and the misappropriation of confidential and proprietary business information. He represents clients from the life sciences, pharmaceutical, medical device, biotech, energy and technology-based industries. Doug has tried cases to both judge and jury, across numerous state and federal court jurisdictions. He has experience before various federal and state administrative agencies; and, he has successfully arbitrated matters arising out of private sector disputes.

    Doug's litigation and transactional experience extends to matters of commercial finance, secured lending, workouts, venture capital, licensing, mergers and acquisitions, commercial real estate, shareholder disputes and issues of lender liability involving both private and commercial lenders. His bankruptcy practice focuses on creditors’ rights and representing creditors in the context of business reorganizations. Doug’s creditor-side representation in contested matters is geared toward protecting secured claims and other priority interests.

    In addition, Doug acts as outside general counsel to his clients, conferring on planning and business initiatives with small, middle-market and larger publicly-held companies. He manages risk, and provides counsel on matters involving corporate governance; employment policy; commercial drafting; financing; and the validity of patents, trademarks and copyrights. Doug is a frequent guest lecturer before various business and industry trade groups.


    Honors

    • AV® Preeminent Rated from Martindale-Hubbell, highest possible rating on both legal ability and ethics based upon the confidential opinion of peers and judges 

    Representative Client Matters

    Complex Business and Commercial Law

    • Successful client representation in numerous contract, business, shareholder and partnership disputes involving financial institutions; insurance agencies; real estate and investment companies; construction trades; product manufacturers; and, technology companies.
    • Successful representation of plaintiffs and defendants in Lanham Act false advertising, trade secret, unfair competition, tortious interference and other business tort litigation.
    • Obtained $1.2 million judgment on behalf of 4 plaintiffs in federal case involving fraudulent investment solicitation and violations of the RICO Act.
    • Obtained dismissal of antitrust and attempted monopolization claims in cases involving telecom company and medical device manufacturer.
    • Successful defense of warranty, fraud and breach of contract claims against product manufacturers.
    • Obtained dismissal of claims against large public utility company in Massachusetts superfund cost recovery action involving 35-acre parcel in Boston/Everett.
    • Co-counsel in complex class action defense of national roofing company against claims of defective shingles.

    Copyright, Trademark and Patent Infringement

    • Successful prosecution and defense of numerous patent, trademark and copyright infringement actions. Client representation includes litigation of licensing disputes.
    • Obtained consent agreement, compensatory damages and attorney’s fees, for plaintiff healthcare technology provider in computer source code federal copyright action.
    • Lead counsel appearing before the Federal Circuit Court of Appeals representing a biotech company in a patent dispute involving p63 technology used to diagnose prostate cancer.
    • Obtained permanent injunction on behalf of robotics company against competitor in federal copyright action securing proprietary technology solutions, software codes and numerous government research proposals.

    Banks, Bankruptcy and Restructuring

    • Successful defense of numerous creditors across multiple jurisdictions in bankruptcy adversary proceedings for avoidance of preferential and fraudulent transfers and conveyances, including representation in some of the nation’s largest bankruptcy proceedings, such as WorldCom; Allegiance Telecom; XO Communications; MicroAge; Enron; Global Crossing; CIT Group; SonicBlue; A.B. Dick; Gitto Global and Eastman Kodak.
    • Successful defense of both bank and private lenders, as well as the FDIC, in numerous lender liability matters defending against claims for breach of implied warranties and contractual covenants, and usury. Clients have also included plaintiff-borrowers at the state and federal court level, as well as in loan workouts and restructurings.

    Product Liability

    • Successful defense of national client companies against product liability claims resulting in fire, injury and death involving consumer and commercial appliances; sporting goods; and heavy machinery.

    Professional Affiliations

    • Boston Bar Association
    • Massachusetts Bar Association

    Our approach to the practice of law provides a broad range of expertise to our clients Practice Areas

    Boston

    30 Federal Street
    Boston, MA 02110
    617-292-7900

    Providence

    40 Westminster Street
    Suite 1100
    Providence, RI 02903
    401-861-8200

    SouthCoast

    128 Union Street
    Suite 500
    New Bedford, MA 02740
    774-206-8200

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