Legal Malpractice

• Successfully moved to dismiss legal malpractice complaint against global intellectual property firm on grounds that plaintiff had not sufficiently alleged conflict of interest. Decision affirmed by the Massachusetts Supreme Judicial Court, in first-in-the nation decision addressing subject matter conflicts in patent prosecution matters.
• Successfully established that law firm’s internal communications regarding a client complaint were protected by the attorney-client privilege, in first-in-the-nation decision from the Massachusetts Supreme Judicial Court.
• Successfully moved to dismiss legal malpractice complaint on grounds that plaintiff had not sufficiently alleged an injury and therefore had no standing to pursue claims. Decision affirmed following argument at the Massachusetts Appeals Court.
• Obtained entry of judgment in law firm’s favor on eve of trial, following allowance of motion in limine precluding plaintiff from offering non-expert testimony on legal causation.
• Successfully moved to dismiss legal malpractice complaint on claims-splitting grounds.
• Successfully moved to dismiss legal malpractice complaint on grounds that beneficiary of will could not demonstrate existence of attorney-client relationship with testator’s attorney.

Insurance Coverage

• Obtained summary judgment for insurance company in rescission action filed in New Jersey Superior Court, defeating claim that allegedly innocent co-insureds should retain coverage.
• Obtained summary judgment for insurance company in declaratory judgment action involving a three million arbitration award.
• Obtained summary judgment in favor of a Pennsylvania insurance agency on claims presenting an exposure of nine million dollars.
• Regularly act as monitoring counsel in cases across the country involving excess exposures.

Trial and Appellate Experience

• Obtained defense verdict for electrical subcontractor following 3-week jury trial of negligence claims brought by two injured tunnel workers.
• Obtained defense verdict for hotel company following 8-day jury trial of age discrimination claim.
• Represented law firm in 3-week jury trial involving claim that former partner at law firm provided negligent advice concerning life insurance transaction. Case settled prior to entry of judgment.
• Obtained injunction for distributor preventing the termination of his distributorship agreement and the likely loss of his business, following five-day evidentiary hearing in federal district court.
• Obtained favorable decision for municipality following a four-day evidentiary hearing involving testimony from multiple experts as to impact of sewerage agreement as between two neighboring municipalities.
• Have appeared for oral argument at the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, and the United States Court of Appeals for the First Circuit.

Bar Admissions

• Massachusetts

Court Admissions

• Supreme Judicial Court of Massachusetts
• United States District Court for the District of Massachusetts
• United States Court of Appeals for the First Circuit

Education

• Boston College Law School, J.D. cum laude (1991)
• Georgetown University, B.A. cum laude (1987)

Awards & Recognition

• Best Lawyers in America® 2024 Lawyer of the Year, Legal Malpractice Law—Defendants, Boston
• Best Lawyers in America® (2016-2024), Specialties for 2O24: Commercial Litigation, Ethics & Professional Responsibility Law, Insurance Law, Legal Malpractice Law — Defendants, Litigation — Insurance, Product Liability Litigation — Defendants
• Massachusetts Super Lawyer in Professional Liability, Personal Injury — Products, Business Litigation (2004-2023)
• Recognized as “Top 100 Super Lawyer” in Massachusetts (2015-2023)
• Designated as ‘Top Lawyers 2023″ by Boston magazine, under Professional Malpractice Non Medical Defense
• Included on the “Top 50: Women Massachusetts Super Lawyers” List (2007-2023)
• Top Women of Law 2018 Circle of Excellence Honoree, Massachusetts Lawyers Weekly (2018)
• Edmund S. Muskie Pro Bono Award, ABA Tort Trial & Ins. Practices Section (2014)
• Victim Rights Law Center Shining Star Award for pro bono work (2009)

• Boston Bar Association, Member
  • Boston Bar Association Council, Member (2018-2021)
  • Boston Bar Association Amicus Committee, Co-Chair (2018-2020)
  • Boston Bar Association Business Litigation Section, Steering Committee Member (2015-2017)
• Massachusetts Board of Bar Overseers, Member (2014-2018)
  • Chair, Rules Committee (2015-2018)
• Professional Liability Defense Federation, President (2017-2018) and Board Member (2014-2019)
• Litigation Counsel of America, Fellow
• Massachusetts Defense Lawyers Association, Board Member
• Women’s Bar Foundation of Massachusetts, President (2008) and Board Member (2002-2019)
• Supreme Judicial Court Standing Committee on Pro Bono Legal Services, Member (2008-2017)
• Supreme Judicial Court Standing Advisory Committee on the Rules of Professional Conduct, Member (2009-2015)
• International Association of Defense Counsel, Member
• Defense Research Institute, Member
• Women’s Bar Association, Member
• American Bar Association, Member
  • Civil Litigation Section, Member

Articles & Publications

• Co-author, “ABA Reminds Us To Play Nice When Lawyers Leave,” Mass. Lawyers Weekly Ethical Questions & Dilemmas Series, February 3, 2020
• Co-author, Professional Malpractice, Vol. 51 Massachusetts Practice Series (2020 Supplement)
• Co-author, Massachusetts Chapter, “Product Liability Desk Reference: A Fifty-State Compendium,” (2019)
• Co-Author, “Lawyers’ Duties to Prospective Clients: A Cautionary Tale,” Massachusetts Lawyers Weekly, January 28, 2019
• Co-Author, “Acting as Local Counsel: Ethical Issues and Words to the Wise,” Massachusetts Lawyers Weekly, November 5, 2018
• Author, “Fraudulent Joinder and Misjoinder – Practice Points for Defendants,” Massachusetts Product Liability Law Resource, March 2018
• Co-Author, “Litigation finance enterprises: advising clients on either side,” Massachusetts Lawyers Weekly, April 2017
• Co-Author, “Litigation finance enterprises: some further words to the wise,” Massachusetts Lawyers Weekly, July 2016
• Co-Author, “Some words to the wise on litigation finance enterprises,” Massachusetts Lawyers Weekly, April 2016
• Co-Author, “Discipline for Conduct Unrelated to Law Practice,” July 2015
• Co-Author, “More on cybersecurity and the rules of professional conduct,” Massachusetts Lawyers Weekly, April 2015
• Co-Author, “Cybersecurity and the rules of professional conduct,” Massachusetts Lawyers Weekly, February 2015
• Co-Author, “Mid-engagement conflicts: lateral hires, firm mergers,” Massachusetts Lawyers Weekly, October 2014
• Co-Author, “Mid-engagement conflicts: practice points for the wise,” Massachusetts Lawyers Weekly, August 2014
• Co-Author, “Surprising pronouncement on forfeiture of affirmative defenses,” Massachusetts Lawyers Weekly, June 2014
• Author, “Are a Lawyer’s Communications with the Firm’s In-House Counsel Privileged?” International Association of Defense Counsel, September 2013
• Co-Author, “Billing Disputes and Some Thoughts on How to Avoid Them,” Massachusetts Lawyers Weekly, July 2013
• Author, “The Rule Against Claims Splitting as a Defense to Legal Malpractice Claims,” Professionals’, Officers’ and Directors’ Liability Committee Newsletter, Winter 2012
• Author, “What do you mean you want your client file?” Massachusetts Lawyers Weekly, November 2011
• Author, “Trademark licensors potentially subject to strict liability,” Massachusetts Lawyers Weekly, August 2011
• Author, “What’s In a Name? Possibly, Strict Liability as an Apparent Manufacturer,” Defense Counsel Journal, July 2011

Speaking Engagements

• Panelist, Lawyers Concerned for Lawyers (LCL) panel, “Graceful Exits: Identifying Challenges Facing Aging Attorneys and Managing Ethical Risks,” February 2024
• Panelist, Managing Partners Forum Fall 2023 Symposium, “Breaking Barriers: Challenges and Triumphs of Women in Law Firm Leadership” (October 2023)
• Panelist, International Association of Defense Counsel (IADC) Annual Meeting, “Women Managing Partners: Forging New Trails and Sharing Strategies for Moving Law Firms Forward,” July 13, 2023
• Guest, The Lawyer’s Edge podcast, “How to Inspire Attorneys to Stay at your Firm,” June 27, 2023 Erin Higgins | How To Inspire Attorneys To Stay at Your Firm (thelawyersedge.com)
• Panelist, Massachusetts Defense Lawyers Association (MassDLA) Annual Meeting, “Bridging the Gap Between Law Firm Economics and Changing Associate Expectations,”  June 2, 2023
• Presenter, MCLE’s live webinar “Ethical and Practical Considerations for Departing a Law Firm.” March 15, 2023
• Panelist, Professional Liability Defense Federation Panel (PLDF) “Redefining Winning” regarding the ethical boundaries of zealous representation and the ABA’s Model Rules of Professional Conduct. January 31,2023
• Presenter, MyLaw CLE “Attorney Ethics: Latest rules, trends, and best practices.” January 23, 2023
•  Panelist, New York State Bar Association CLE Panel “Outside Counsel Guidelines: Their Use and Tension with the Ethical Rules,” November 15, 2022
• Speaker, Boston Bar Association Virtual CLE on Litigation, June 15, 2022
• Panelist, “Female Managing Partners,” Women’s Bar Association, March 30, 2022
• Presenter, MCLE Course “Neutralizing Vitriolic Recalcitrance in Opposing Counsel & Clients: Before the bombast,” Nov 16, 2021
  See the recording here: MCLE | New England: CLE Programs, Webcasts and Publications
• Speaker, “Ethical Issues in Estate Planning,” MCLE Estate Planning Basics, October 22, 2019
• Panelist, “Interrupting Racial and Gender Bias in the Legal Profession,” Professional Liability Defense Federation Annual Meeting, September 27, 2019
• Panelist, MBA Complex Commercial Litigation Conference, “Recent Developments,” April 23, 2019
• Panelist, “Ethics in eDiscovery,” Women in eDiscovery, November 14, 2018
• Speaker, Boston Bar Association’s “Litigation Finance: Ethical and Practical Considerations,” March 5, 2018
• Panelist, “Ethically Interviewing and Preparing Witnesses for Deposition and Trial,” American Bar Association CLE Webinar, February 6, 2018
• Speaker, “Litigation Financing: The Pros and Cons, and How to Avoid Ethical Pitfalls,” Boston Bar Association, December 2016
• Speaker, “Dodging the Conflict Bullet – Tough Issues and How to Resolve Them,” Professional Liability Defense Federation, Annual Meeting, September 2016
• Speaker, “Recent IP Malpractice Trends,” 7th Annual Intellectual Property Law Symposium, Orlando, FL, April 2016
• Speaker, “Navigating the Differences Between the Massachusetts and Federal Rules,” Boston Bar Association, December 2015
• Speaker, “Confidentiality, Reporting Up and Acting Out: The Case of General Electric and M. Adriana Koeck,” Boston Bar Association, October 2014
• Panelist, “Ethical Issues for Professional Liability Practitioners,” Professional Liability Defense Federation Annual Conference, Washington, D.C., September 2014
• Panelist, “The Dash to Court: Seeking and Opposing Preliminary Relief in the Business Litigation Session,” Boston Bar Association, June 2014
• Panelist, “The Story Behind the Unhappy Client, and Ethical Issues You May Have Missed Along the Way,” Professional Liability Defense Federation Annual Conference, Chicago, IL, October 2013