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John C. Ottenberg (odllp.com)
represents businesses and individuals in the litigation of disputes
before all federal and state courts in Massachusetts and government
agencies, and in arbitration proceedings. He concentrates his
practice in cases involving business and commercial controversies,
including those involving enforcement of contracts, intellectual
property, employment matters and ERISA, financing and real estate
matters, zoning, ownership and control of closely held businesses,
commercial claims and debt workout and recovery of assets
transferred in fraud of creditors. He also represents clients in
personal injury cases. Mr. Ottenberg frequently serves as a court
appointed receiver.
Mr.
Ottenberg graduated from Haverford College in 1970 and from Boston
University Law School in 1974, where he was a member of the Law
Review. He served as law clerk to the Honorable David A. Rose of
the Massachusetts Appeals Court and has been in private practice for
more than thirty years. He is a past President of the Frank J.
Murray Inn of Court. He has been a member of the Zoning Board of
Appeals in the towns of Hanson and Lincoln, Massachusetts.
Some
representative cases handled by Mr. Ottenberg:
Real
Estate Litigation
First General Realty Corporation v.
Joseph Carpinteri, Trustee of D.A.B. Realty Trust, Middlesex
Superior Court No. 97-2289 (successful in specifically enforcing
offer to purchase a major suburban office building)
Samuel
& Associates, Inc. v. High Voltage Engineering Corporation, et
al., Suffolk Superior Court No. 97-5722E, 56 Mass.App.Ct. 1102
(2002) (successfully defended action brought on behalf of a major
supermarket chain for specific performance of a contract to sell
real estate)
Business Litigation
Defended
first class action brought in Massachusetts under the Telephone
Consumer Protection Act
Defended former bank president,
director and majority owner in action brought by the
FDIC
Represented group of investors victimized by
multi-million dollar investment fraud
Intellectual
Property
Represented inventor in biotechnology field in
patent licensing dispute achieving favorable settlement of
arbitration proceeding
Represent
computer software firm in claim of misappropriation of trade
secrets
Represented
medical device manufacturer in patent infringement case
Counsel
to Recording Industry Association of America in file sharing
litigation
Employment
Matters
Serve as counsel to various corporate clients on
these matters
Defended
variety of claims of unlawful discrimination by
employers
Personal
Injury Litigation:
Resolved through trial or
settlement in the last several years cases with aggregate recoveries
well into seven figures
Disputes
Involving Owners of Closely Held Corporations and
Partnerships
Litigated
such cases throughout career, including ones involving businesses
engaged in: paint manufacturing, food distribution, insurance,
manufacturer’s representation, nightclubs and restaurants, and real
estate development
Commercial
Claims
In
the last several years litigated through trial or settlement many
claims aggregating multiple millions of dollars, including:
RSA
Media, Inc. v. The Mortgage Specialists, Inc., Suffolk Superior
Court No. 01-4050, Appeals Court No. 2005-P-1432
Cole
Raywid & Braverman LLP v. Global Naps, Inc., et al., Norfolk
Superior Court No. 04-2008
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