Smith Duggan Cornell & Gollub LLP is pleased to announce that Christopher J. Hurst has been named a partner of the firm.

Chris is a skilled product liability attorney and commercial litigator.  He defends leading foreign and domestic manufacturers and distributors in litigation involving automobiles, motorcycles, watercraft, helmets and safety equipment, medical devices, consumer products, and industrial equipment.

Chris also represents businesses in wage and employment matters.

He practiced for eight years with Cornell & Gollub in Boston before the firm combined with Smith Duggan Buell & Rufo LLP to form Smith Duggan Cornell & Gollub LLP last year. Previously, he served as a law clerk for the justices of the Massachusetts Superior Court.

Chris graduated summa cum laude from Northeastern University and earned his law degree, cum laude, from Suffolk University Law School.

FCA US LLC successfully defended a high-exposure class action lawsuit brought on behalf of 93,000 Massachusetts Dodge, Jeep, and Chrysler owners when a federal court jury returned a defense verdict on November 14.

Smith Duggan Cornell & Gollub partners Peter M. Durney and Patricia A. Hartnett, along with Fred Fresard, Ian Edwards, and Brandon Boxler of Klein Thomas Lee & Fresard in Michigan, represented Fiat Chrysler Automobiles, a part of Stellantis, the global automotive manufacturer, in a case tried before Judge Allison D. Burroughs in the U.S. District Court in Boston.

Peter M. Durney and Patricia A. Hartnett, based in Boston, have a highly regarded and successful track record in representing automobile manufacturers nationwide and internationally.

James B. Claybourne IV has joined Smith Duggan Cornell & Gollub LLP as an associate; he will focus on litigation and health care. He is admitted to practice in Massachusetts. 

During law school he was employed full time at a law firm where he aided attorneys in preparing patent prosecution reports for clients and foreign associates.

Previously, he was with an international company serving the national security, health and life sciences, and energy and environmental industries. He reviewed raw data, operating procedures, and administrative documents to ensure compliance with industry standards and client expectations.

James received his JD degree from New England Law | Boston. His BA degree was awarded by the College of Wooster in Wooster, Ohio.

Best Lawyers® has released its 2024 “Best Law Firms” selections for Metropolitan Boston.

Smith Duggan Cornell & Gollub LLP was ranked as a Tier 1 ranking law firm in three practice areas. The firm was also recognized in Metropolitan Boston for various other specialties within this highly competitive market, which is home to many large law firms.

Firms included in the “Best Law Firms” rankings are chosen for professional excellence based on consistently impressive ratings from clients and peers.

Ranked firms, presented in tiers, signal a unique combination of quality law practice and breadth of legal expertise, as some larger firms do not rank at all.

To be eligible for a 2024 ranking, a firm must have a lawyer recognized in the current edition of The Best Lawyers in America®, considered one of the leading peer-reviewed resources for identifying the best legal talent worldwide. Numerous Smith Duggan Cornell & Gollub attorneys were included in the publication this year. 

These findings are the result of a rigorous evaluation process that includes client and lawyer evaluations as well as an assessment of additional information provided by law firms. Congratulations to everyone at Smith Duggan Cornell & Gollub LLP for contributing to these impressive standings.

Metropolitan Boston Tier 1 

Litigation – Product Liability (Defendants) 

Litigation – Insurance 

Litigation – Trusts and Estates 

Metropolitan Boston Tier 2 

Commercial Litigation 

Family Law 

Insurance Law

Real Estate Law 

Smith Duggan Cornell & Gollub LLP is pleased to announce that the following attorneys have been recognized by Super Lawyers®, which honors outstanding lawyers based on peer recognition and professional achievement.

No more than 5% of the lawyers in Massachusetts are selected as Super Lawyers®, while no more than 2.5% in any given state are named Rising Stars. Selections are made on an annual, state-by-state basis.

Super Lawyers® 

Barbara Hayes Buell (2019 – 2023) Health Care, Schools & Education

Christopher A. Duggan (2006 – 2023) Product Liability, Business Litigation, Aviation Litigation

Peter M. Durney (2005 – 2023) Products Liability, Business Litigation, General Litigation

Paul Alan Rufo (2019 – 2023) Real Estate, Corporate, Estate Planning & Probate

Matthew J. Walko (2017 – 2023) Civil Litigation - Defense, Business Litigation, Insurance Coverage

Kenneth M. Wright (2020 – 2023) Family Law, Business Litigation, Estate & Trust Litigation

Dana A. Zakarian (2022 – 2023) Business Litigation, Personal Injury-Plaintiff, Employment Litigation

Rising Stars

James E. Clancy IV (2019 – 2023) Estate Planning & Probate, Real Estate, Business & Corporate

Vincent N. DePalo (2018 – 2023) Product Liability, Civil Litigation, Insurance Coverage, Personal Injury 

The selection process includes independent research, peer nominations, and peer evaluations. Selections for Rising Stars follow the same process as Super Lawyers® and recognize attorneys who are either 40 or younger or have been in practice for 10 years or less. 

Super Lawyers® is part of Thomson Reuters, the world’s leading provider of news and information with a particular focus on legal, regulatory, and tax changes. Super Lawyers® is designed to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.

Smith Duggan Cornell & Gollub LLP represents the interests of sophisticated purchasers of legal services locally, regionally, and nationally.

Congratulations, one and all!

Smith Duggan Cornell & Gollub partners Dana A. Zakarian and Vincent N. DePalo are among the select few named 2023 “Top Rated” lawyers by Boston Magazine. 

Dana was selected in the area of Commercial Litigation while Vincent was recognized for Civil Litigation/Defense. This is the publication’s third annual “Top Lawyers” feature, aimed to be a valued resource for finding the best and most widely recognized lawyers in Greater Boston. 

Dana is a seasoned trial lawyer who is the immediate past president of the Massachusetts Chapter of the American Board of Trial Advocates. ABOTA is dedicated to preserving and promoting the Seventh Amendment to the U.S. Constitution, which guarantees the right to civil jury trials. The organization is also devoted to elevating the standards of skill, integrity, civility, and honor within the legal profession. In addition, for consecutive years Dana was recognized by Super Lawyers in the areas of Business Litigation, Employment Litigation and Personal Injury – Plaintiffs. 

Vincent has also been chosen as an “Up & Coming” lawyer by Massachusetts Lawyers Weekly. He has been named for five straight years as a “Rising Star” by Super Lawyers and for four successive years by Best Lawyers®: Ones to Watch. Vincent was previously named a “Top Lawyer” by Boston Magazine. His earlier profile from Massachusetts Lawyers Weekly is available here.

Finally, both Dana and Vincent have achieved an AV Preeminent® peer rating by Martindale-Hubbell®, awarded to lawyers with the highest ethical standards and professional ability.

The appointment of The Honorable Margaret R. Guzman to the U.S. District Court for the District of Massachusetts was recently celebrated at a reception sponsored by the Massachusetts chapter of the American Board of Trial Advocates (ABOTA).

Current and former officers of the organization are pictured here with Judge Guzman (third from right). Seen are (from left): Russell X. Pollock, Kathy Jo Cook, and Smith Duggan Cornell & Gollub partners Barbara Hayes Buell, Dana A. Zakarian and Christopher A. Duggan.

ABOTA is dedicated to preserving and promoting the Seventh Amendment to the U.S. Constitution, which guarantees the right to civil jury trials. The organization is also devoted to elevating the standards of skill, integrity, civility, and honor within the legal profession.

Read the full article here.

Smith Duggan Cornell & Gollub partner Vincent N. DePalo is among the select few named a 2023 “Top Rated” lawyer by Boston Magazine in the area of Civil Litigation/Defense.

This is the publication’s third annual “Top Lawyers” feature, aimed to be a valued resource for finding the best and most widely recognized lawyers in Greater Boston. Vincent was among nearly 1,000 top lawyers selected by his peers for his excellence in legal work.

He has also been chosen as an “Up & Coming” lawyer by Massachusetts Lawyers Weekly. Vincent has been recognized for five consecutive years as a “Rising Star” by Super Lawyers and for four successive years by Best Lawyers®: Ones to Watch. 

He has also achieved an AV Preeminent® peer rating by Martindale-Hubbell®, awarded to lawyers with the highest ethical standards and professional ability.

Vincent was previously selected as a “Top Lawyer” by Boston Magazine. His earlier profile from Massachusetts Lawyers Weekly is available here.

Smith Duggan Cornell & Gollub partner Dana A. Zakarian has been elected treasurer of the Massachusetts Chapter of the American Board of Trial Advocates (ABOTA).

The organization is dedicated to the preservation and promotion of the Seventh Amendment to the U.S. Constitution, which guarantees the right to civil jury trials.

ABOTA is also devoted to elevating the standards of skill, integrity, civility, and honor within the legal profession. Applicants must have tried at least ten civil cases to verdict and demonstrate the highest ethical and professional conduct. Membership is by invitation only.

Dana Zakarian is a seasoned trial lawyer. He focuses on business litigation, employment law, trade secrets, unfair and deceptive trade practices, construction, antitrust, and personal injury. Dana has obtained significant victories for clients, both prosecuting and defending these claims.

He previously served as the organization’s immediate past president. Learn more about ABOTA here.

Smith Duggan Cornell & Gollub partner Nicole B. Cordeiro was recently featured in the MCLE NEW ENGLAND webcast titled, “General Liability Issues to Look Out for.” 

Nicole is an accomplished trial attorney who has served as lead counsel in many jury trials. She has extensive experience in litigation before the Massachusetts Superior Court and U.S. District Court for the District of Massachusetts.
 
Nicole began her career as a prosecutor in the Suffolk County District Attorney’s Office, litigating a wide variety of felonies.
 
MCLE NEW ENGLAND is the Massachusetts legal community's premier provider of educational programs and reference materials. 

Best Lawyers®, the highly regarded peer-review guide for the legal profession, has just released the current edition of The Best Lawyers in America®. Numerous Smith Duggan Cornell & Gollub partners were included in these prestigious rankings, highlighting only the top six percent of private practicing attorneys in the United States.

Barbara Hayes Buell was chosen for her expertise in healthcare law and her success in defending medical malpractice cases. Gerard A. Butler Jr. was featured for his record of achievement in commercial litigation.

For the eleventh consecutive year, founding partner Christopher A. Duggan was recognized for his professional excellence in three critical areas of trial practice: commercial litigation, insurance litigation, and product liability litigation defense.

Paul Alan Rufo was cited for his skill in real estate law. For the seventh consecutive year, Andrew Stempler was also recognized for real estate law.

Matthew J. Walko was selected for insurance law, while Kenneth Wright was recognized for his expertise in family law and litigation - trusts and estates.

In addition, Best Lawyers: Ones to Watch in America™, a companion publication, features attorneys who have demonstrated excellence early in their careers.

Smith Duggan Cornell & Gollub partner Vincent N. DePalo was selected for product liability litigation – defendants, personal injury litigation – defendants, commercial litigation, mass tort litigation/class actions – defendants, and real estate law.

James E. Clancy IV was recognized in real estate law and trusts and estates. Both have been included in Best Lawyers: Ones to Watch in America™ for four consecutive years.

Best Lawyers: Ones to Watch in America™ is based entirely on peer review and employs the same methodology that has made Best Lawyers® the gold standard for legal rankings.

Leading Legal Journal Highlights Multiple Cases in Rodney E. Gould eminent career was recently featured in Massachusetts Lawyers Weekly in an article that focused on his practice representing tour operators, travel agencies and other travel-related entities. 

The Smith Duggan Cornell & Gollub partner first made his mark in this field over 35 years ago when, on behalf of a tour operator, he sued the Palestine Liberation Organization over the Achille Lauro hijacking. 

 As a nationally recognized expert in transportation and travel law, Rodney Gould routinely counsels travel-related entities throughout the world and has served as an expert witness in numerous cases.

His in-depth profile by Massachusetts Lawyers Weekly is available here.

Law firms Smith Duggan Buell & Rufo LLP and Cornell & Gollub have combined practices, the firms have announced.

The new firm — known as Smith Duggan Cornell & Gollub LLP — has offices in downtown Boston and Lincoln.

The 21-lawyer firm will focus on litigation; commercial transactions; product liability; aviation; insurance coverage; real estate, constitutional, travel, health care and family law; trusts and estates; and other areas of civil practice.

The combined firm brings together lawyers Christopher A. Duggan, Peter M. Durney, Barbara Hayes Buell, Rodney E. Gould, Paul Alan Rufo, Andrew P. Stempler, Matthew J. Walko, Dana A. Zakarian, Patricia A. Hartnett, James P. Kerr, Christopher J. Hurst, Steven D. Procopio, Andrew D. Black, Robert L. Boston, Gerard A. Butler, Jr., James E. Clancy IV, Nicole B. Cordeiro, Vincent N. DePalo, Thomas D. Herman, Robert C. Mueller and Kenneth M. Wright.

Massachusetts Lawyers Weekly: March 13, 2023

Christopher Duggan is one of the most active trial and appellate lawyers in Massachusetts. He
has tried more than 100 civil cases to jury verdict in federal and state courts across
Massachusetts and in several other New England states, and has briefed or argued in
about 40 cases in federal and state appellate courts across the country. Most recently,
he joined with Professor Akhil Reed Amar, Dean Vikrum David Amar and Professor
Steven Gow Calabresi in filing an amicus brief in the United States Supreme Court in
Moore v. Harper, a case involving the meaning and application of Article I §4 of the
United States Constitution, which addresses central issues in American Constitutional
law including the original understanding of the Framers, federalism, separation of
powers and judicial review of state legislative redistricting plans.

Read more

U.S. News & World Report and Best Lawyers® recently released their “Best Law Firms” selections for Metropolitan Boston.

Smith Duggan Cornell & Gollub was ranked nationally in one practice area and recognized regionally in a wide variety of other specialties within the highly competitive Boston market, which is home to many large law firms.

Firms included in the 2023 U.S. News – Best Lawyers® “Best Law Firms” rankings are chosen for professional excellence based on consistently impressive ratings from clients and peers.

Ranked firms, presented in tiers, are listed on a national and metropolitan basis. Achieving any tiered ranking signals a unique combination of quality law practice and breadth of legal expertise as some larger firms do not rank at all.

To be eligible for a 2023 ranking, a firm must have a lawyer recognized in the current edition of The Best Lawyers in America®, considered one of the leading peer-reviewed resources for identifying the best legal talent worldwide.

Nine Smith Duggan Cornell & Gollub attorneys were included in the publication this year. The Best Lawyers in America® features only the top 5% percent of attorneys practicing in the United States.

National 

Mass Tort Litigation/Class Actions – Defendants (Tier 3)

Metropolitan Boston 

Product Liability Litigation – Defendants (Tier 1)

Mass Tort Litigation/Class Actions – Defendants (Tier 1)

Commercial Litigation (Tier 2)

Litigation/Insurance (Tier 2)

Real Estate Law (Tier 2)

Family Law (Tier 2)

Insurance Law (Tier 3)

Personal Injury Litigation – Defendants (Tier 3)

These findings are the result of a rigorous evaluation process that includes client and lawyer evaluations and an assessment of additional information provided by law firms.

U.S. News & World Report has decades of experience evaluating key institutions in society — from colleges to hospitals.

Smith Duggan Cornell & Gollub is pleased to announce that the following attorneys have been recognized by Super Lawyers®, which honors outstanding lawyers based on peer recognition and professional achievement.

No more than 5% of the lawyers in Massachusetts are selected as Super Lawyers®, while no more than 2.5% in any given state are named as Rising Stars. 

Super Lawyers® is the national rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

The selection process for Rising Stars is the same as the Super Lawyers® selection process and recognizes attorneys who are either 40 years old or younger or in practice for 10 years or less. James E. Clancy IV and Vincent N. DePalo were selected in that category.

Smith Duggan Cornell & Gollub represents the interests of sophisticated purchasers of legal services locally, regionally and nationally.

Best Lawyers®, the highly regarded peer-review guide for the legal profession, has just released the 29th edition of The Best Lawyers in America®. Once again, numerous Smith Duggan Cornell & Gollub partners were included in these prestigious rankings.

Barbara H. Buell was chosen for her expertise in healthcare law and for her success in defending medical malpractice cases. Gerard A. Butler Jr. was featured for his record in commercial litigation. For the tenth consecutive year, founding partner Christopher A. Duggan was recognized for his professional excellence in three critical areas of trial practice: commercial litigation, insurance litigation, and product liability litigation defense.

Paul Alan Rufo was cited for his skill in real estate law. For the seventh consecutive year, Andrew P. Stempler was also recognized by The Best Lawyers in America®for real estate law.

Mathew J. Walko was selected for his accomplishments in insurance law, while Kenneth M. Wright was acknowledged for his expertise in family law and litigation - trusts and estates.

The Best Lawyers in America® also lists attorneys who have demonstrated professional excellence early in their careers in a special category titled, “Ones to Watch.” Smith Duggan Buell & Rufo partner Vincent N. DePalo was selected for product liability litigation – defendants, personal injury litigation – defendants, commercial litigation, and mass tort litigation/class actions – defendants. James E. Clancy IV was recognized for trusts and estates. Both have been included in Best Lawyers® - Ones to Watch for three consecutive years.

The Best Lawyers in America® is considered one of the leading peer-reviewed resources for selecting the best legal talent worldwide. The publication highlights only the top six percent of private practicing attorneys in the United States. “Ones to Watch” is based entirely on peer review and employs the same methodology that has made Best Lawyers® the gold standard for legal rankings.

Smith Duggan Buell & Rufo LLP has announced that Nicole B. Cordeiro has become a partner of the firm.

Nicole focuses her practice on estate planning and family law. She prepares estate plans for all clients, including high net-worth clients, those leaving assets to charity, clients seeking to protect their assets from potential government liens, and those requiring planning for loved ones with special needs. Nicole collaborates with a team of professionals to provide experienced financial planning assistance and a seamless transition of care for loved ones. Nicole’s vast experience in family law includes divorce, custody matters, guardianship, conservatorship, estate administration, and complex probate litigation. She also has broad experience in business disputes, premise and personal liability, and the representation of health care providers.

Nicole served as lead counsel in many jury trials. She honed her skills in the Suffolk County District Attorney’s Office prosecuting a wide variety of criminal matters. For her contributions in that role, she received the Suffolk County District Attorney’s Award for her dedicated service and commitment.

Prior to practicing law, Nicole was a high school Italian teacher. She credits her years of teaching for providing her with the ability to present a persuasive case and engage a jury. She is fluent in Italian and in French.

She graduated cum laude from Bowdoin College and received her law degree from Suffolk University. She also holds a master’s degree from Middlebury College. Nicole joined Smith Duggan Buell & Rufo LLP in 2015.

Vincent N. DePalo, a partner at Smith Duggan Buell & Rufo LLP, was recently recognized by Massachusetts Lawyers Weekly as an Excellence in the Law Honoree.

Vincent was selected among the rising stars of the local legal community in the “Up & Coming Lawyers” category — Massachusetts attorneys who have been members of the bar for ten years or fewer, but who have already distinguished themselves among their peers.

Massachusetts Lawyers Weekly celebrated all of the honorees at an event at the Marriott Long Wharf Hotel in Boston on March 3rd.

Vincent practices in many areas of complex civil litigation, including toxic torts, environmental claims, and commercial disputes.

You can read his compelling profile in Massachusetts Lawyers Weekly here.

Smith Duggan Cornell & Gollub partner Dana A. Zakarian has been elected president of the Massachusetts Chapter of the American Board of Trial Advocates (ABOTA).

The organization is dedicated to the preservation and promotion of the Seventh Amendment to the U.S. Constitution, which guarantees the right to civil jury trials.

ABOTA is also devoted to elevating the standards of skill, integrity, civility, and honor within the legal profession. Applicants must have tried at least ten civil cases to verdict and demonstrate the highest ethical and professional conduct. Membership is by invitation only.

“I am pleased and privileged to lead such an important and dynamic trial lawyers' association that serves such a vital role in elevating legal practice, supporting an independent judiciary, and promoting the rule of law,” Dana said.

Dana Zakarian is a seasoned trial lawyer. He focuses on business litigation, employment law, trade secrets, unfair and deceptive trade practices, construction, antitrust, and personal injury. Dana has obtained significant victories for clients, both prosecuting and defending these claims.

He previously served as the organization’s secretary and vice president. Learn more about ABOTA here.

Massachusetts Lawyers Weekly recognizes exceptional women attorneys who have made tremendous professional strides and demonstrated great accomplishments in the legal field. 

Barbara Hayes Buell served as managing partner at Smith Duggan Buell & Rufo in Lincoln until 2021. Nurturing a long-held passion for health care, she earned a master’s degree in public health from Boston University

Congratulations to Smith Duggan Buell & Rufo partner Barbara Hayes Buell for receiving Top Women of Law honors in recognition of her many outstanding achievements. 

Read Massachusetts Lawyers Weekly’s profile of Barbara Buell here.

Recently, our travel law group successfully defended a Massachusetts tour operator in a class action brought by 168 passengers in federal court in Boston. A Massachusetts Lawyers’ Weekly article discussing the case can be found here. 

The litigation however raises grave issues as to the scope of regulations promulgated by the Massachusetts Attorney General and their impact on the travel industry. 

The case concerned a malfunctioning engine on a cruise vessel in the middle of a European river boat tour. As a result of the malfunction, the passengers were required to travel to their scheduled itinerary destinations via motorcoach for a portion of their trip. Passengers returned to the ship each night, until they eventually travelled via motorcoach to Vienna where they stayed for four nights until the repaired vessel met them for the conclusion of their tour. 

Almost all of the originally-scheduled events on the itinerary were seen, and additional points of interest were added by the tour operator. But, the passengers missed out on several days of river cruising and were obviously disappointed. After the conclusion of the trip, all passengers were offered a complimentary off-season cruise, as well as a future trip credit. 

A class action was instituted against the tour operator, alleging a plethora of claims and a violation of the Massachusetts Consumer Protection Statute, M.G.L. ch. 93A. The court granted the tour operator summary judgment on all of the common law claims. The only surviving claim was a portion of the Chapter 93A claim that pertained to a rarely-used Massachusetts Attorney General Seller of Travel regulation, 940 CMR § 15.06. 

By its terms, the regulation requires tour operators (and some tour arrangers) operating in or selling to Massachusetts residents to provide consumers three options when the tour operator is not able to provide purchased “travel services”: (1) a cash refund; (2) a substitution of services of equal or greater fair market value; or, (3) a substitution of services of lesser fair market value plus a cash refund of the difference, with the consumer electing which option to pursue.

The case recently went to a bench trial before Federal District Court Judge Denise Casper on the sole remaining count – whether the tour operator violated this regulation, whether the class suffered “injury” as a result of this violation and, thus, whether the tour operator had violated Massachusetts General Laws Chapter 93A (subjecting the defendant potentially to double or treble damages and attorneys’ fees). 

There was extensive testimony concerning the efforts undertaken by the tour operator, not only in making sure the vast majority of the original tour itinerary was kept, but also as to the additional services and attractions provided to the passengers after the breakdown. The court then determined that the class suffered no cognizable economic injury arising from the violation of the Attorney General regulation, and thus did not violate Chapter 93A. 

While obviously we are pleased with the result of this case, this Massachusetts regulation should trouble any tour operator or travel agency which operates in Massachusetts or does business with Massachusetts residents. While we were successful in showing the court that the value the class actually received after the vessel broke down was in excess of any value they lost from their missed river cruising days, the court held that this regulation applied in all circumstances. Indeed, the court specifically determined that once the vessel broke down in the middle of the tour, the tour operator violated the regulation by not immediately providing the three options enumerated in the regulation. As any seller of travel would realize, immediately to provide these three options to 168 passengers (all at the tour operator’s expense) in the middle of an ongoing tour would be nothing short of a logistical and financial impossibility. 

Fortunately, in our case we were able to show that the tour operator’s Herculean efforts in salvaging the remaining scheduled itinerary, adding value where it could, and offering future trip credits and complimentary trips meant that the injury to the passengers as a whole was non-existent. 

How this will play out in future cases – or in cases involving individual passengers invoking this particular regulation – remains to be seen. As always, we would be happy to discuss these issues with you at your convenience. 

The Travel Group:

Rodney Gould

[email protected]

(617) 228-4443

Robert Mueller

[email protected]

(617) 228-4453

Disclaimer:  The information contained in this document is not intended as legal advice. Readers should consult a qualified attorney before acting on any of the information contained in this document. The information contained in this document is provided for informational purposes only and may be considered advertising under the rules of the Supreme Judicial Court of Massachusetts.

Smith Duggan Buell & Rufo LLP is pleased to announce that Dana A. Zakarian has joined the firm as a partner. Dana is a seasoned trial lawyer who has been elected to the American Board of Trial Advocates and serves on the Executive Committee of its Massachusetts Chapter.

His practice includes business litigation, employment law, trade secrets, unfair and deceptive trade practices, construction, antitrust, and personal injury. Dana has obtained significant victories for clients both prosecuting and defending these claims.

Most recently, Dana served as lead counsel in a complex antitrust case in which he represented 116 plaintiffs who opted out of a class action settlement and sought over $110 million in damages.  The case garnered national media attention and settled on the eve of trial.

Before joining Smith Duggan Buell & Rufo LLP, Dana practiced for 17 years at Nystrom, Beckman & Paris, LLP, and 6 years at Goodwin Procter LLP. He has achieved an AV preeminent, peer-review rating from Martindale Hubbell.

“I am excited to join Smith Duggan Buell & Rufo,” said Dana, adding, “the firm has a long history of delivering premier service and outstanding results for its clients, and I am delighted to part of that tradition.”

Founding partner Christopher A. Duggan commented: “I have known and respected Dana for many years. We are thrilled to have him join our practice. His extensive experience in litigating complex commercial and employment disputes adds to our depth in those areas and his extensive experience as a courtroom lawyer meshes well with our trial practice.  Dana’s addition provides us with another talented lawyer to better serve our clients and the courts.”

Partner Gerard A. Butler, Jr. obtained summary judgment from federal court in favor of his client that defeated a breach-of-contract claim arising out of a dispute over a multi-million-dollar parking lot management contract. The manager alleged that rising costs of management services should be borne by the Massachusetts Bay Transportation Authority, but Gerard obtained summary judgment to preclude the claim without the need for trial. AIM Parking Management v. Massachusetts Bay Transportation Authority, U.S. District Court for Massachusetts, No. 1:09-cv-10033-NG.