An appeal is not a second trial; it is a specialized review of the trial record to determine whether legal errors led to an unfavorable outcome. Appellate practice demands exceptional brief-writing and oral advocacy skills, along with familiarity with our appellate judges and how they evaluate and decide cases. Our appellate lawyers represent businesses and individuals in all types of civil appeals, with particular experience in matters involving commercial and technology disputes, insurance coverage, real estate and construction disputes, and family law.

The firm’s appellate lawyers also draft amicus curiae, or “friend of the court,” briefs on behalf of non-parties in high stakes cases where a non-party’s expertise, knowledge, or policy perspectives may help to shape the court’s decision.

Representative Matters

Trade Secrets, Intellectual Property

• Governo Law Firm v. Bergeron, Massachusetts Appeals Court (2024 – Pending). Claim for unfair and deceptive business practices. Issue: Whether trial judge erred finding that the theft of copies of files does not constitute damages.
• Governo Law Firm v. Bergeron, Massachusetts Supreme Judicial Court (2021). Claim for unfair and deceptive business practices. Issue: Whether employee theft of files for use in competing business constitutes unfair or deceptive business practices.
• Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, 473 Mass. 336 (2015) (affirming dismissal of complaint, and holding in first-in-the-nation decision that representation of multiple clients seeking patents in the same technology space is not a conflict of interest without a showing of material limitation).

Construction

• Business Interiors Floor Covering Business Trust v. Graycor Construction Company Inc., 494 Mass. 216 (2024) (affirming summary judgment for firm client, a flooring subcontractor, after general contractor’s failure to pay or formally dispute three applications for payment within the time period defined by the Massachusetts Prompt Pay Act; first Supreme Judicial Court decision interpreting this statute).
• Univ. of Mass. Bldg. Auth. v. Adams Plumbing & Heating, 102 Mass. App. Ct. 1107 (2023) (affirming entry of summary judgment under Statute of Repose where plaintiff’s claims concerning installation of HVAC equipment sounded in negligence).
• Danusis v. Longo, Massachusetts Appeals Court (1999). Issue: Whether developer was required to obtain a license under the Manufactured Housing Act.

Municipal

• Brum v. Town of Dartmouth, Supreme Judicial Court (1999). Issue: Whether school officials were immune from suit for failure to stop student stabbing.

Professional Malpractice

• Chang v. Winklevoss, 95 Mass. App. Ct. 202 (2019) (affirming dismissal of complaint, where plaintiff failed to plead facts establishing that plaintiff would have obtained different result in the absence of the lawyer’s alleged negligence).
• Utica Mut. Ins. Co. v. Herbert H. Landy Ins. Agency, Inc., 920 F.3d 36 (2016) (examining issue of whether competitor’s unfair competition claims involved “professional services” under an errors and omissions policy).
• RFF Family Partnership, LP v. Burns & Levinson, LLP, 465 Mass. 702 (2013) (first ever state supreme court decision recognizing that confidential communications between law firm attorneys and a law firm’s in-house counsel concerning a malpractice claim asserted by a current client of the firm are protected by the attorney-client privilege).

Corporate

• Weiner-Govostes v. Leahy, 2022 WL 2760834 (Mass. App. Ct. 2022) (successfully reversing Superior Court judge’s improper stay of client’s arbitration claim concerning dispute over control of ten Dunkin’ Donuts franchises).
• Lau Massachusetts Business Trust v. Bender, 100 Mass. App. Ct. 1115 (2021) (affirming judgment on jury verdict in favor of minority shareholder on direct and derivative claims for breach of fiduciary duty).
• EdgePoint Capital Holdings, LLC v. Apothecare Pharmacy, LLC, 6 F.4th 50 (1st Cir. 2021) (affirming summary judgment for firm client, and holding that investment bank’s failure to register as a broker-dealer barred claim to collect success fee on client’s M&A transaction).
• Crocker v. Townsend Oil, Massachusetts Supreme Judicial Court (2012). Claim for Wage Act violations. Issue: Whether general release applies to Wage Act claims.
• Thermo Electron Corp. v. Wast Management Holdings, Massachusetts Appeals Court (2005). Contract claim. Issue: Whether arbitration award was enforceable against corporation that purchased the defendant’s assets.

Amicus Briefs

• Emerald Necklace Conservancy, Inc. v. City of Boston, 498 Mass. 183 (2026) (co-authored amicus brief for Massachusetts Municipal Association in high-profile appeal affirming that Article 97 of Massachusetts Constitution did not bar public-private partnership to renovate White Stadium in Franklin Park).
• Finfer v. Attorney General, 497 Mass. 680 (2026) (co-authored amicus brief with MIT political science professor in support of successful challenge to proposed ballot petition to reduce state personal income tax rate).
• Weiss v. President and Fellows of Harvard College, 495 Mass. 675 (2025) (authored amicus brief on behalf of body donation program in support of trial court’s ruling that Uniform Anatomical Gift Act’s good-faith immunity provision applies to handling of anatomical remains both before and after their use).