Marjorie Sommer Cooke
Marjorie Cooke founded the firm in 1993. Marjorie had previously spent her entire legal career at Goodwin Procter LLP, a major Boston law firm, where she started as an associate in the trial, corporate and labor departments in 1977 and became an equity partner in the trial department in 1985.
Marjorie represents corporations, partnerships and individuals in a broad range of matters including complex contract disputes, real estate disputes, employment issues, wrongful termination and noncompetition litigation, whistleblower litigation, discrimination claims, construction litigation, insurance coverage disputes, professional malpractice, corporate governance and securities litigation, intellectual property litigation, defense of scientific and academic misconduct, and environmental contamination and CERCLA cost recovery actions. Marjorie also conducts independent investigations under the Sarbanes-Oxley Act as well as other independent investigations for clients involving discrimination claims and issues of corporate governance. She has served as national trial counsel for a number of corporate clients, providing continuing advice on business, intellectual property, and employment issues and handling client litigation nationwide. In addition, Marjorie serves as a mediator.
Marjorie represents clients in the Massachusetts state courts, including frequent appearances in the Business Litigation Session of the Massachusetts Superior Court, in the United States District Courts in Massachusetts, California and Connecticut, and before arbitral panels, including the International Court of Arbitration. She has also represented clients pro hac vice in litigation matters in other jurisdictions throughout the United States, including New York, Texas, Illinois, Ohio, Florida, Virginia, Rhode Island, New Hampshire, Alabama, Mississippi, West Virginia, Montana, Georgia, Maine, and Maryland.
- Marjorie defended a national law firm sued by a former client for malpractice in connection with its handling of litigation between the founders of a start-up company. Following a 3-week trial, Marjorie obtained a jury verdict for her client as well as judgment in its favor on its counterclaim for payment of unpaid attorneys’ fees.
- Marjorie successfully defended a real estate company against an effort to terminate its property management contract for one of Boston’s premier office towers. She tried the case to a judge in the Business Litigation Session of the Massachusetts Superior Court, winning a judgment on all counts.
- Marjorie defended a member of senior management of a national securities company in multi-district class action litigation alleging “market timing” violations of the Securities Exchange Act of 1934. She obtained a ruling in her client’s favor on a Motion to Dismiss and the plaintiffs then voluntarily dismissed the sole remaining claim against him.
- When Marjorie’s client, the owner of retail gasoline stations, was sued by the owners of adjacent property for environmental contamination, she tried to case to a jury, winning a very favorable verdict for her client.
- Marjorie represented an international manufacturing company which brought an action seeking a declaratory judgment that it had not terminated, repudiated or breached two complex agreements for the design and construction of two co-generation power plants in Louisiana. The case was resolved very favorably through a unique process of binding mediation, developed to address the parties’ needs in the context of that case.
Honors and Awards
- Martindale-Hubbell Peer Review Rating, AV Preeminent
- Massachusetts Super Lawyers, Business Litigation
Civic and Professional Activities
- Marjorie was appointed by Governor Charlie Baker to serve on the Commonwealth’s Judicial Nominating Commission, which reviews and recommends candidates for judicial appointment to all courts in the Commonwealth. She served a prior five-year term on the predecessor Judicial Nominating Committee between 2000 and 2005.
- Marjorie has participated on the faculties of various continuing legal education seminars, making presentations on such topics as the art of cross-examination, in-house procedures for effective protection of trade secrets and confidential information, enforcement of non-competition agreements, and a variety of other subjects.
- Marjorie participated as a judge in the 2013 AMTA Regional Mock Trial Competition held at Yale University.