John C. Ottenberg (ottenberg@ottenbergdunkless.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