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James W. Stoll

James W. Stoll

James W. Stoll

Partner

Litigation & Arbitration

James W. Stoll

Partner

Litigation & Arbitration

Jim Stoll engages in a wide ranging complex commercial litigation practice, with a focus in complex commercial litigation including securities fraud and other shareholder rights matters, bankruptcy-related litigation, defense of RICO claims, complex valuation matters, banking litigation and other creditor’s rights issues, and accounting malfeasance claims.  Jim’s clients include domestic and foreign, public and private companies.  

REPRESENTATIVE MATTERS

Securities Litigation

  • Represented institutional investor in connection with claims arising from the purchase of mortgage-back securities.
  • Successfully secured dismissal of Rule 10b(5) claim against Hologic, Inc., arising from public offering.
  • Successfully secured dismissal of Rule 10b(5) claim against Indigo N.V. arising out of public offering.
  • Represented Ad Hoc Committee of asbestos claimants opposing proposed Plan of Reorganization seeking to channel asbestos personal injury claims into a trust where value of claims would be capped.

Bankruptcy

  • Represented Ad Hoc Committee of asbestos claimants who opposed and ultimately defeated Pfizer, Inc.’s proposed Plan of Reorganization for its subsidiary, Quigley Co., seeking to channel Quigley’s asbestos personal injury claims into a trust where value of claims would be capped. The Official Creditors’ Committee supported the plan proposed by Quigley and Pfizer based on pre-petition settlements made with most of its members. The Ad Hoc Committee consisted of those asbestos claimants (represented by our client law firms) who did not believe the settlement proposal from Pfizer to be fair to their asbestos clients. After more than six years of litigation, we engaged in a lengthy trial that resulted in an order from the Bankruptcy Court rejecting the proposed plan. In re: Quigley Company, Inc., 437 B.R. 102 (S.D.N.Y. 2010) That result led to a settlement between Pfizer and our client’s orders of magnitude higher than what had been previously offered and rejected before the bankruptcy started. As part of that representation, received a landmark ruling from the Second Circuit Court of Appeals in April 2012, determining the outer boundaries of channeling injunctions under §524(g) of the bankruptcy code. Pfizer, Inc. v. Law Offices of Peter Angelos, (Nos. 11-2635, 11-2767) (2d Cir. April 10, 2012).
  • Represented GB Holdings, a Carl Icahn company, in exchange offering dispute involving the Sands Casino in Atlantic City.
  • Represented Ad Hoc Committee of Bondholders challenging exchange offer in connection with the Hard Rock Casino in Biloxi, Mississippi.
  • Represented Citizens Bank in connection with $70 million secured loan involving 22 hotel portfolios.

RICO

  • Successfully obtained dismissal of RICO claim asserting fraud on the United States Patent Office during the prosecution of a patent.

Valuation

  • Successfully defeated a $28 million damages claim in connection with the rejection of a supply contract during a bankruptcy proceeding.
  • Successfully established at trial the valuation of a $30 million apartment complex and marina, necessary to avoid a cram-down.
  • Despite findings of liability for breach of software development agreement arbitrator rejected $20 million claim against Jim’s client for lost damages associated with new product launch and entered a finding of no damages.

Shareholder Rights

  • In case of first impression in Delaware, obtained a decision in favor of minority shareholders avoiding arbitration of fiduciary duty dispute despite existence of arbitration clause in shareholder investment agreement.

Banking

  • Defeated $100 million lender liability claim against Citizens Bank and received an award of attorneys’ fees against borrower.
  • Obtained summary judgment dismissing a $100 million lender liability case against a banking client.
  • Represented Bank in pursuing receivership of Borrower with operations in multiple states.

Insurance Coverage

  • Represented ACF Industries in coverage dispute involving environmental claims associated with Superfund site inPortland,Oregon.
  • Represented Asbestos handler for 15 years in a variety of coverage disputes with various carriers under CGL policies.

Patent Litigation/Trade Secret Litigation

  • On behalf of his client accused of infringement, obtained a judgment after trial of non-infringement, patent invalidity (obviousness), and unenforceability based on inequitable conduct by the plaintiff in the patent prosecution process.  Each ruling provided an independent basis on which Mr. Stoll’s client prevailed.  An award of attorneys’ fees was entered as a result of the judgment.
  • Successfully obtained injunctive relief precluding former engineering employee from working for competitor due to potential disclosure of trade secrets acquired during employment by manufacturer of artificial heart.
  • Successfully settled patent infringement claim on behalf of the patent holder in which a multi-year royalty payment was negotiated (the technology involved snowplow attachments).
  • Settled a patent infringement matter on behalf of the patent holder for a multi-year royalty payment.  (The technology involved trap-shooting machines).

Select Reported Decisions

Lead trial lawyer the following matters that have been reported in various state and federal reporters: 

  • Pfizer, Inc. v. Law Offices of Peter Angelos, (Nos. 11-2635, 11-2767) (2d Cir. April 10, 2012) (Scope of 524(g) channeling injunction)
  • In re: Quigley Company, Inc., 437 B.R. 102 (S.D.N.Y. 2010) (confirmation trial)
  • In re Washington Mutual, Inc., 2011WL57111 (Bkrtcy D. Del. 2010) (confirmation trial)
  • Scanner Technologies v. ICOS Vision Systems, N.V., 2003 WL 1961565 (S.D.N.Y. 2003) (patent/Markman Hearing)
  • Scanner Technologies v. ICOS Vision Systems, N.V., 2007 WL 1490599 (S.D.N.Y. May 22, 2007) (patent trial)
  • Montage Group Ltd. v. Athle-tech Computer Sys., 889 So. 2d 180 (Fla. Dist. Ct. App 2004) (software development agreement)
  • Parfi Holding AB v. Mirror Image Internet, Inc., 817 A.2d 149 (Del.  2002) cert. denied,  Mirror Image Internet, Inc. v. Parfi Holding AB, 123 S.Ct. 2076 (2003) (scope of arbitration clause)
  • Citizens Bank of Massachusetts v. Bishay, 56 Mass. App. Ct. 1104 (2002), rev. denied by Citizens Bank of Massachusetts v. Bishay, 438 Mass. 1104(2003), and cert. denied Bishay v. Citizens Bank of Massachusetts., 123 S.Ct. 2280 (2003) (lender liability)
  • Divot Golf Corp. v. Citizens Bank of Massachusetts, 2002WL31741472 (D. Mass. Nov. 26, 2002) (dismissal of $25 million RICO claim)
  • Federal Deposit Insurance Corp. v. Ogden Corporation, 202 F.3d 454 (1st Cir. 2000) (insurance recovery dispute/attorney client privilege/joint representation issues)
  • John Boyd Co. v. Boston Gas Co., 992 F.2d 401 (1st Cir. 1993) (Environmental Cost Recovery Action)
  • Colby v. Hologic, Inc., 817 F.Supp. 204 (D. Mass. 1993) (securities fraud).
  • B.V. Optische Industry de Oude Delft v. Hologic, Inc., 909 F.Supp. 162 (S.D.N.Y. 1995) (RICO dispute); 925 F.Supp. 162 (S.D.N.Y. 1996) (Patent/RICO Dispute)
  • Space Master International, Inc. v. City of Worcester, 940 F.2d 16 (1st 1991) (liquidated damages dispute)
  • Federal Deposit Insurance Corp. v. BayStreet Development Corp., 32 F.3d 636 (1st Cir. 1994) (D’Oench, Duhme Doctrine)
  • Lanier Professional Services, Inc. v. Ricci, 192 F.3d 1 (1st Cir. 1999) (restrictive covenant)
  • Halper v. Demeter, 34 Mass. App. Ct. 299 (1993) (93A/Public Policy)
  • Commissioner of Revenue v. Purity Supreme, Inc., 396 Mass. 287 (1985) (sales tax)
  • Harvard Square Defense Fund v. Planning Board of Cambridge, 27 Mass. App. Ct. 491 (1989) (zoning)

PROFESSIONAL AFFILIATIONS

  • American Bar Association
  • Massachusetts Bar Association
  • Boston Bar Association

BAR ADMISSIONS

  • Massachusetts
  • Courts of the Commonwealth of Massachusetts
  • US District Court for the District of Massachusetts
  • First Circuit Court of Appeals
  • State Courts of New York
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