Brian C. Carroll
Commercial litigator Brian Carroll represents corporate and individual clients in a substantial variety of complex commercial litigation, intellectual property litigation, and government investigations.
Brian’s intellectual property experience covers a wide range of technologies including medical devices (prosthetic vascular grafts and automated cytological specimen screening and review systems), mechanical systems (mobile satellite dish apparatus, voice recognition system for cellular telephones, optical recognition system for two-dimensional matrix bar codes), software systems (MPEG video editing and compression, character animation, and Internet credit card processing software) and, pharmaceutical formulations (antibiotics and drugs for palliative treatment of prostate cancer). Brian represents intellectual property clients in litigation, in obtaining pre-litigation opinions of counsel, and in reexamination proceedings at the U.S. Patent & Trademark Office.
Brian’s other commercial litigation work includes representing clients through every stage of litigation, either prosecuting or defending claims for breach of contract, breach of fiduciary duty, violation of Chapter 93A, and other employment, real estate, and contract-related claims. Brian has also represented clients accused of business crimes, including qui tam actions.
There are strong international and pro bono aspects to Brian’s trial practice as well. He served on a prosecution team at the International Criminal Tribunal for the Former Yugoslavia (The Hague, Netherlands), prosecuting four Bosnian-Serb military commanders for atrocities committed after the fall of Srebrenica in 1995. Among other international disputes since then, Brian represented an individual and her young children seeking political asylum in the United States after fleeing from their home in the Democratic Republic of Congo. His pro bono experience also includes involvement in the firm’s Domestic Violence Prevention Project, and assistance to low-income clients in housing and family law matters.
Bars and Court Admissions
- Massachusetts
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals, First Circuit
Representative Experience
The following is a brief summary of Brian's experience and accomplishments:
- Successfully defended several motions for preliminary injunction against individuals, ranging from salesman and service technicians to CEO’s, accused of breaching restrictive covenants with former employers
- Served on team defending large government contractor in qui tam False Claims Act action involving hardware used by U.S. Military Special Forces for navigation and targeting in the absence of GPS
- Investigated, and initiated action against, an individual suspected of unauthorized access to a client’s email systems, resulting in a six-figure settlement
- Represented a national construction hardware manufacturer in various matters, including review of local and state competitive public bidding laws
- Obtained a jury verdict invalidating a patent to a mobile satellite dish apparatus sold for use on boats and recreational vehicles
professional / civic involvement
- American Bar Association, Member
- Massachusetts Bar Association, Member
- Boston Bar Association, Member
- Participates in Citizen Schools after-school Mock Trial program with sixth-graders from the Wilson School
publications
- "Beyond Cost-Shifting: Developing, Implementing and Defending your Company’s Electronic Records Retention Policy," American Conference Institute (2003)