Litigation

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Mirick O’Connell attorneys provide high-quality, cost-effective litigation and strategic counseling services for our clients.  We use practical, results-oriented methods to resolve and, where appropriate, avoid disputes for our clients. We recognize that litigation is often disruptive and expensive.  Our goal is to be a problem solver for our clients. We seek to achieve that goal quickly and effectively in order to achieve a positive outcome. Our clients include individuals, closely-held businesses and Fortune 500 companies in the banking, insurance, real estate, construction, health care and life sciences, biotechnology, manufacturing and financial services industries.

Unlike other litigators, Mirick O’Connell attorneys actually try cases. Our litigators conduct trials in the state and federal courts and we represent clients in arbitrations. However, we recognize that not every case should be tried. In those circumstances, the litigation process can achieve leverage that creates a favorable environment for negotiating successful results. Where appropriate, we work with our clients and our opponents in mediation and alternative dispute resolution. We counsel our clients on litigation avoidance and risk management. We work with our clients to evaluate each and every dispute that arises to determine the best way to solve our client’s problem, be it defending the case through verdict or seeking a negotiated settlement.

Mirick O'Connell litigators have been recognized for their excellence by Law & Politics in its annual designation of Massachusetts "Super Lawyers" and "Rising Stars."  Although headquartered in Massachusetts, our litigators handle cases for some of our clients regionally, in the state and federal courts in Massachusetts, Connecticut and Rhode Island.  In other states, we routinely coordinate with local counsel who share our goals of efficiency, timeliness and good results.  Where appropriate, we welcome the opportunity to engage performance-based compensation arrangements with our clients.

Specialities:

Amanda Baer Named Partner

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Thomas J. ("T.J.") Conte and Alexandra Mansfield prevail on Summary Judgment in US District Court on behalf of WRTA in Union Head's claim of wrongful termination based on freedom of speech rights

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Joe Hamilton was quoted in Massachusetts Lawyers Weekly article "Widow Entitled to Death Benefits under ERISA Plan"

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Lisa Neeley quoted in Massachusetts Lawyers Weekly article, "MassHealth Loses Latest Battle in 'War on Trusts'"

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James Donnelly and Chris Collins to co-chair MBA 18th Annual In-House Counsel Conference: The New (Not So) Normal

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Amanda Baer was quoted in the Healthline.com article "Why Many Employers Want to Make COVID-19 Vaccines Mandatory,"

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David Surprenant was quoted in Telegram & Gazette article "Mirick O'Connell signs 10-year lease renewal with Mercantile Center in downtown Worcester"

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Elizabeth Greene quoted in Hospital Peer Review Article " What to do When Malpractice Allegations Become Defamation"

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Elizabeth Greene recognized by Massachusetts Lawyers Weekly as being one of the "2020 Top Women of Law"

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Mirick O'Connell Named Tier 1 Firm by U.S. News - Best Lawyers "Best Law Firms" in 2021

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28 Mirick O'Connell Attorneys Named to 2020 Super Lawyers and Rising Stars List

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Elizabeth Greene quoted in Relias Media article " Questions Raised Over Clinician Discipline in Covid-19 Era"

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Elizabeth Greene Receives American Heart Association 2020 Legacy Leadership Award

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Chris Collins was quoted in the T&G article "Leadership Worcester class includes diverse group"

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5 Mirick O'Connell Attorneys Named to 2021 Best Lawyers "Lawyer of the Year"

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19 Mirick O'Connell Attorneys Named to 2021 Best Lawyers and Best Lawyers: Ones to Watch List

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Fern Frolin and Tim Braughler author Boston Business Journal article "Don't Say That! Are Non-Disparagement Orders Lawful?"

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Elizabeth Greene quoted in Healthcare Risk Management article " Avoid Common Mistakes in Handling Medical Malpractice"

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Tim Braughler to moderate Boston Bar Association Webinar: Sophisticated Financial Issues in Divorce Matters and the Impact of COVID-19

PODCAST: Lauren Sparks discusses Analysis of the Supreme Court Title VII Ruling

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Ted Bassett quoted, "How effective are liability waivers in the age of the novel coronavirus?," American Bar Association Journal, July 2, 2020

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PODCAST: Reid Wakefield discusses Fair Housing and Housing Discrimination in Massachusetts | Recorded 6.10.20

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PODCAST: Chris Collins talks about the Life, Health, Disability and ERIS Litigation practice | Recorded 6.1.20

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PODCAST: Tim Braughler discusses divorcing couples' First Amendment rights to disparage each other on social media

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PODCAST: Fern Frolin talks about out-of-court divorces

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Fern Frolin quoted, "Non-disparagement orders improperly restrained speech," Massachusetts Lawyers Weekly, May 13, 2020

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David Fine quoted in Worcester Business Journal's article "Real estate industry reacting to short- and long-term consequences of pandemic"

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PODCAST: Ted Bassett discusses taking care of the elderly during COVID-19 | Recorded 4.25.20

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PODCAST: Dave Fine discusses "COVID-19: Impact on Construction" | Recorded 4.17.20

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PODCAST: Jim Donnelly discusses Nonprofit Volunteer Boards and COVID-19 (4.6.20)

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WEBINAR: Latest DOL Guidance regarding Families First Act

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PODCAST: Grace Roessler discusses Family Law and Divorce during COVID-19

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Elizabeth Greene quoted in Worcester Telegram & Gazette article "Health Foundation Grants Deliver Results Across Central Mass."

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Mirick O'Connell recognized as "Best Law Firm" for business by Worcester Business Journal

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14 Mirick O'Connell attorneys recognized in 2019 The Best Lawyers in America

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Mirick O'Connell Ranked Largest Law Firm in Central MA

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Fern Frolin Named 2017 "Child Custody Lawyer of the Year" by Lawyer Monthly

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Mirick O'Connell Voted Best Law Firm For Business

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Mirick O'Connell included in the 2018 "Best Law Firms" list by U.S. News & World Report and Best Lawyers

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Jessica Murphy Receives Extraordinary Leader Award

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New England In-House Counsel Article, "Case offers lessons on executive employment terminations"

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Joe Hamilton Honored by YMCA, 2016 Adult Volunteer of the Year

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Mirick O'Connell Voted Best Law Firm

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Mirick O'Connell Featured in Worcester Telegram

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Worcester Chamber Salutes Mirick O'Connell on 100 Years of Excellence

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Mirick O'Connell Celebrates 100th Anniversary!

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David L. Fine Elevated to Partner

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Mirick O'Connell Recognized as "Best Law Firm for Business" by the WBJ

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14 Attorneys selected for inclusion in The Best Lawyers in America

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Jessica Murphy Profiled by MetroWest Daily News

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TJ Conte Appointed to the JNC

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Elizabeth Greene quoted in Part B News article "When Patient Refuses to Wear a Mask, Stand on Rights or Work to Accommodate"

DOL Publishes Model Notices for COBRA Subsidies

4/9/2021[ read full story ]

Extension of 2020 Massachusetts Tax Return Filing and Payment

03/22/2021[ read full story ]

Extension of 2020 Federal Tax Return Filing and Payment

03/19/2021[ read full story ]

American Rescue Plan Act of 2021 Contains New COBRA Subsidies

03/16/2021

American Rescue Plan and Paid Leave: What Employers Need to Know

03/12/2021[ read full story ]

Mirick O'Connell Life, Health, Disability & ERISA Litigation e-Report Winter 2021

03/04/2021[ read full story ]

e-Alert: Denial of Health Insurance Benefits and Attorney's Fees Upheld on Appeal

9/23/2020[ read full story ]

Mirick O'Connell Life, Health, Disability & ERISA Litigation e-Report Fall 2020

9/15/2020[ read full story ]

e-Alert: Important News for Insurers Managing ERISA Governed Benefit Plans. Department of Labor Extends Time for Filing of Claims and Appeals

5/1/2020[ read full story ]

e-Alert: Plan not Arbitrary or Capricious in Finding Chronic Fatigue and Fibromyalgia Encompassed within Self-Reported Symptoms Limitation Provision

4/28/2020[ read full story ]

e-Alert: First Circuit Rules that an ERISA Claim Denial Supported by Substantial Evidence Shall be Upheld

4/9/2020[ read full story ]

e-Alert: Insurance Regulators Across the Country Respond to COVID-19 With A Variety of Approaches

4/3/2020[ read full story ]

Life, Health & Disability e-Report First Circuit Fall 2019

9/4/2019[ read full story ]

Life, Health & Disability e-Report First Circuit Winter 2019

2/27/19[ read full story ]

Life, Health & Disability e-Report First Circuit Fall 2018

9/5/18[ read full story ]

Life, Health, Disability & ERISA Litigation e-Report Winter 2018

03/01/2018[ read full story ]

DOL Announces that on April 1, 2018 Rules Amending Claims Procedures for Disability Claims will be Applicable

01/18/2018[ read full story ]

Life, Health & Disability e-Report First Circuit, Fall 2017

09/12/2017[ read full story ]

First Circuit Opens Door to Right to Jury Trial in MA Consumer Protection Actions

08/24/2017[ read full story ]

Social Security Administration Rescinds Treating Physician Rule

05/10/2017[ read full story ]

Life, Health & Disability e-Report First Circuit, Winter 2017

03/01/2-17[ read full story ]

Responding to a Government Investigation Misclassification of Employees as Independent Contractors

December 2009[ read full story ]

Spring Webinar Series: American Plan Rescue Act of 2021

04/16/2021[ read full story ]

Spring Webinar Series: Should Employers Mandate Vaccinations?

03/31/2021[ read full story ]

Jessica Murphy to speak at NAWIC Webinar "A Blueprint for Construction Disputes"

2/18/2021[ read full story ]

Richard Van Nostrand to speak at Massachusetts Lawyers Weekly webinar "Proposed National Ban on Noncompetes: What Employers Need to Know"

2/9/2021[ read full story ]

POSTPONED: Employment Law Conference 2020

04/16/2020[ read full story ]

Employment Conference 2020

04/16/2020[ read full story ]

Labor, Employment and Employee Benefits Seminar

04/04/2019[ read full story ]

Mirick O'Connell sponsors Safe Homes Gala & People Of Courage Awards

4/9/2021[ read full story ]

Mirick O'Connell participates in National Wear Red Day

2/6/2021[ read full story ]

Mirick O'Connell sponsors Worcester Chamber of Commerce 145th Annual Meeting

12/4/2020[ read full story ]

Mirick O'Connell sponsors the 12th Annual UMass Winter Ball

12/4/2020[ read full story ]

Mirick O'Connell sponsors Massachusetts Bar Association 2020 Annual Dinner

5/6/2020[ read full story ]

Mirick O'Connell sponsors the Worcester Regional Research Bureau 34th Annual Meeting

10/10/2019[ read full story ]

Whiplash: It Is Only Funny Until It Happens To You

11/06/2020[ read full story ]

Patricia Davidson and Emily Crim author Bloomberg Tax article "The Evolving Role of Trust Protectors"

11/06/2020[ read full story ]

Survey Finds Bipartisan Opposition to Blanket Immunity for COVID-19 Lawsuits

05/11/2020[ read full story ]

Speed Kills: Speed Limiters Will Save Lives

07/03/2019[ read full story ]

Chris Collins and Joe Hamilton co-author "Residual vs. Total Disability: An Old Issue Revisited," published by Life, Health and Disability News, Volume 30, Issue 2

6/3/19[ read full story ]

Ken Pickering and Angela Benoit co-author "Employees of Cannabis Businesses in Danger of Being Denied Bankruptcy Protection," published in the Cannabis Business Executive Newsletter

5/17/19[ read full story ]

The 100 Deadliest Days

04/29/2019[ read full story ]

Sideguards on Trucks Will Save Hundreds of Lives Each Year

04/16/2019[ read full story ]

Fern Frolin co-authors Divorce Magazine article, "TCJA Alimony Tax Changes: the Clock is Ticking!"

8/29/18[ read full story ]

Trump Administration's Withdrawal of Interstate Trucking Regulation Likely to Risk Lives

05/07/2018[ read full story ]

David Fine co-authors "The 2017 A201 Deskbook," published by the American Bar Association

9/29/17[ read full story ]

David Fine Authors Chapter of ABA Book, "Construction Subcontracting, A Comprehensive, Practical and Legal Guide"

04/02/2014[ read full story ]
 

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