Matthew J. Ginsburg

Member
P (978) 409-6238

Business, Insurance Coverage, and Civil Litigation

Has resolved a wide range of disputes involving licenses, contracts and unfair competition; general liability, toxic tort, asbestos and silicosis exposures; and fiduciary and directors andofficers liabilities.

  • Successful representation of manufacturer/distributor of industrial safety equipment in an action against a private-label manufacturer of a safety mask line for breach of agreement for defense and indemnity.
  • Successful defense of a New Hampshire-based manufacturer of on-board computers used in the trucking and bus-line industries against contract action asserted by its former provider of telecommunications and electrical services.
  • Obtained summary judgment in successful defense of management of corporation holding shoe- manufacturing machine patents, against minority shareholder's claims of breach of fiduciary duty.
  • Represented one of the nation's foremost providers of online search and other web-related services in a multi-million dollar action brought against the so-called 'Spam King,' pursuant to federal Anti- Spam legislation.
  • Represented a minority shareholder in a claim seeking equitable share of proceeds from the corporation's lucrative sale of prime industrial property in the course of its wind-down and liquidation.
  • Represented an investment bank in an action to enforce terms of engagement agreement against a developer of online video mash-up technology with respect to its acquisition by a third-party corporation.
  • Represented a biotechnology manufacturer in the defense of investigations launched and/or claims asserted by United States Attorney for District of Massachusetts, various state Attorneys General and class action plaintiffs alleging defects in early-pregnancy detection kit developed and sold by the manufacturer.
  • Represented numerous corporate, individual and non-profit policyholders in environmental, homeowners, life, general liability, fidelity and other insurance coverage disputes.
  • Represented a multi-national shopping mall developer/owner in seeking coverage from its excess liability insurer for claims of third-party tenants of mall expansion, resulting from defects and damage to associated parking garage.
  • Represented oil company executive in a suit against an insurance agency and life insurance company for unfair and deceptive acts and practices in connection with sale of universal life insurance policy.
  • Obtained dismissal (on motion to dismiss) for a manufacturer and its employee of claims based on an alleged adulterous affair between defendant employee and plaintiff's spouse, the employee's co- worker.

Construction, Land-Use and Zoning Litigation

Has resolved a wide range of disputes concerning construction and design issues, and in the areas of zoning and land-use.

  • Represented an architect in a dispute with a builder/developer of Lowe's Foods store concerning particular aspects of design and placement of HVAC venting mechanism.
  • Defended design professionals hired to design and construction-manage the extensive renovation of penthouse condominium owned by a Carolina Panthers football player against subcontractor's claims of damage to work caused by allegedly defective design.
  • Represented an architect/construction manager in defense of a lawsuit pursued by homeowners for the defective design of home renovation/decking project.
  • Successfully represented a large Boston construction company/developer in its defense of claims asserted by an accounting firm/project owner for alleged losses due to delay/defects in the delivery of building following an extensive renovation project.
  • Won summary judgment on behalf of an international provider of construction services and supplies in a contract dispute with Modern Continental Construction Co. with respect to services/supplies provided for work performed on the Central Artery/Tunnel Project in Boston, Massachusetts (also known as 'The Big Dig').
  • Represented a heavy equipment subcontractor in its dispute with a general contractor concerning auger drilling for piers underlying downtown Charlotte, North Carolina arena construction.
  • Successfully arbitratedthe defense of a surety and construction company against claims asserted by an electrical subcontractor with respect to multiple Charlotte, North Carolina firehouse and airport terminal construction projects.
  • Represented a window manufacturer in its defense of numerous homeowner lawsuits in North Carolina, South Carolina, Alabama, and Florida relating to alleged moisture penetration and damage.

Employment and Noncompetition Agreement Litigation

Experienced in negotiating, drafting and litigating executive compensation and non-compete agreements.

  • Represented a mutual fund manager in expedited litigation to invalidate noncompetition agreement with an existing employer.
  • Successfully represented a high-level executive of the U.S. subsidiary of a Japanese multi-national chemical manufacturer in separation/severance and employment contract dispute.
  • Successfully represented an inside recruiter for a Boston-based investment bank in enforcement of bonus and severance provisions in employment agreement.
  • Obtained preliminary injunction and favorable disposition in representation of a marble and granite fabricator/distributor in a suit to enforce terms of noncompetition agreement with the firm's former shareholder/President.
  • Successfully defended a medical device manufacturer in a discrimination suit brought by an employee based on alleged disparate treatment and termination due to illness.