Michael Gottfried is the managing partner of Duane Morris’ Boston office and a member of the firm’s national governing Partners Board. Mr. Gottfried is an active trial lawyer with more than 30 years of experience handling cases in state and federal courts and before arbitration panels. He has argued appeals in the United States Courts of Appeal for the Federal, First and Third Circuits and in the appellate courts of Massachusetts and Maine.
He regularly tries trade secret disputes, unfair and deceptive trade practice cases brought under M. G. L. c. 93A, patent, trademark and copyright infringement matters and licensing disputes. Mr. Gottfried has litigated more than 25 cases involving noncompetition agreements, many of which were successfully resolved in their earliest stages after preliminary injunction hearings.
He defends class actions and represents clients in contract and business tort disputes, including minority shareholder and director and officer cases. His experience also includes multiple cases for health care providers and vendors in a variety of contexts ranging from DOJ and FTC matters to payer disputes.
- Commercial Litigation/Class Action Litigation: Represented a class of emergency medicine providers in Tennessee against a Managed Care Organization in challenging a reduction in reimbursement rates for emergency room services. Won a report and recommendation in favor of class certification on behalf of a class of emergency medicine providers and defeated defendants’ motion for summary judgment on the underlying merits.
- Banking and Class Action Defense – Counsel to a regional bank in multiple matters including defense of a class action and lender-liability claims and enforcement of loan agreements and recovery of collateral.
- Breach of Contract Litigation – Obtained summary judgment for clients Jeffrey Rubman and Bradd Rubman in the U.S. District Court for the District of Massachusetts in a real estate breach of contract suit which sought $1.25 million in damages.
- Class Action Defense – Represented a federally chartered savings bank and obtained a dismissal of claims in a putative class action in federal court in Boston when the court agreed that the state law purporting to limit the amount of insurance a bank can require is preempted by the Federal Homeowners Loan Act.
- Copyright Litigation – Obtained on behalf of Brooks-Cole, a college textbook publisher, a ruling from the U.S. District Court for the District of Massachusetts that its use of a written psychological test borrowed from another publication was a “fair use.”
- Environmental Litigation – Lead trial and appellate counsel that represented Louis Guyott, the seller of a $100 million business, against a $20 million indemnification claim brought by the buyer, Bardon-Trimount, for the cleanup of a Massachusetts Superfund site. At the case’s conclusion, obtained a defense verdict and an award of $3.9 million in fees and costs after a 10-day trial in the Business Litigation Session of the Massachusetts Superior Court. Judgment was affirmed by the Massachusetts Appeals Court.
- Health Care Arbitration – Obtained a multimillion-dollar settlement for a network of healthcare providers during arbitration with third-party payor in dispute over claims.
- Licensing and Bankruptcy Litigation – As lead trial counsel, obtained an order from the Delaware bankruptcy court sustaining Multimodal Technologies’ objection to the assignment and assumption of its license to Nuance Communications, a direct competitor. The order was issued after an evidentiary hearing.
- Real Estate and M. G. L. c. 93A Litigation – Represented a seller of a commercial property on claims of fraud and breach of the unfair and deceptive trade practice suit in Massachusetts through summary judgment and appeal.
Education : The George Washington University Law School, J.D., with honors, 1983
- District of Columbia
- Supreme Court of the United States
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- Boston Bar Association
- Massachusetts Bar Association
- International Trademark Association
- Alternative Dispute Resolution Committee
- Education and Information Subcommittee, 2002-2003
Rate : $$$