Representative Experience

Business Litigation/Dispute Resolution

• Successfully represented the former President and CEO of a Fortune 100 company in overturning his discharge for cause and securing an arbitration award for over $60 million. 
• Obtained a favorable settlement on the eve of trial preserving a medical device company’s exclusive right to practice its novel treatment for obesity and Type II diabetes. 
• Obtained a favorable verdict for a pharmaceutical company in an action for unjust enrichment and unfair trade practices arising from a patent dispute. 
• Successfully represented all Massachusetts non-profit health insurers, both in court and administrative proceedings, in resisting an attempt by the Division of Insurance to impose arbitrary rate caps. 
• Obtained a settlement payment of 2.5 times damages for a major public agency on a claim of fraud against an international construction consultant.  
• Obtained a favorable settlement for a manufacturer against its former employee and a competitor in an action for misappropriation of trade secrets and proprietary information. 
• Successfully defended an international financial services company in an action by a former senior executive seeking additional separation benefits under a change of control agreement. 
• Obtained summary judgment for an investment advisory firm in an action by a former investor seeking substantial compensatory and punitive damages for allegations of misrepresentation and breaches of fiduciary duty. 
• Obtained summary judgment for a pension plan and its trustee in an action by an investment manager tens of millions of dollars for lost profits allegedly arising from the plan’s breach of the parties’ investment agreement. 

Government Investigations

• Successfully resolved State Attorney General investigations of a major non-profit health care company for allegedly paying excessive executive compensation. 
• Successfully resolved a 42-state Attorney General investigation of a national retailer that alleged unfair and deceptive acts or practices for failing to prevent the digital theft of hundreds of thousands of credit cards.
• Obtained the dismissal of claims for alleged unfair and deceptive acts or practices arising from subprime mortgage loans brought by the State Attorney General against a national financial services firm.
• Obtained a favorable settlement after 18 months of litigation for an international interparty broker of financial transactions in an enforcement action by the State Attorney General alleging bid rigging and False Claims Act violations.
• Successfully persuaded State Attorney General, after two year investigation, to terminate her investigation of and decline to join multistate litigation against a national for-profit university alleging false claims violations.
• Successfully persuaded State Attorney General, after 30 month investigation, to terminate her investigation against a major medical device company alleging unfair and deceptive acts or practices in connection with selection by physicians of the company’s device for surgical procedures.

Governance Matters and Strategic Advising

• Advised the board of directors of a major medical center in negotiating the very public departure of the medical center's President and CEO. 
• Negotiated favorable treatment of a founding member in the restructuring of an international consulting firm occasioned by the firm's decline in revenues. 
• Advised a national consulting firm regarding a negotiating strategy that has led to two extensions of the firm's multi-million dollar state contract. 
• Conducted an annual compliance review for a pharmaceutical company. 
• Conducted an internal investigation for a major teaching hospital into allegations of undisclosed conflicts of interest. 
• Conducted an internal investigation for a major public agency into allegations of False Claims Act violations.

• Successful defense of the Commonwealth in a six-week jury trial from a claim for billions of dollars in additional attorneys fees for legal services rendered to the Commonwealth in the nation-wide tobacco litigation. 
• Oversight of all state investigations, administrative and regulatory matters, lawsuits and prosecutions regarding prescription drug pricing. 
• Negotiation of settlements in major business regulations cases, including the state-mandated environmental clean-up of the Housatonic River; the return of royalty rights for pharmaceuticals invented at the state laboratory; the payment to charities of an additional $30 million and the acceptance of governance reforms in connection with the sale of the Boston Red Sox in 2002.

Professional Experience

• Before entering public service Dean was a partner in private practice. Following his law school graduation he served as law clerk to the Honorable David S. Nelson, U.S. District Court for the District of Massachusetts, and as law clerk to the Honorable Paul J. Liacos, Supreme Judicial Court for the Commonwealth of Massachusetts.