Paula M. Bagger
Paula Bagger has significant experience helping clients resolve a broad range of commercial and business disputes. She has tried, arbitrated, and settled business cases of many different types, including claims for breach of contract, fraud, unfair and deceptive business practices, and shareholder and partner disputes. Many of her cases arise in the financial services industry, and she is experienced in cases involving mutual funds, private equity funds, investment advisors, custodian banks, administrative services providers, and broker-dealers. She also has substantial experience litigating professional malpractice, real estate and land use, and intellectual property claims.
Paula has been a partner in the firm since 1997, after practicing for ten years in the litigation department of a Boston-based national law firm. After law school, Paula served as a judicial clerk for the Honorable Richard D. Cudahy of the United States Court of Appeals for the Seventh Circuit.
- As trial counsel to the owner of one of Boston’s largest office tower complexes, prevailed in an action to enforce the surrender provisions of a long-term lease with a major law firm tenant.
- Tried to a favorable jury verdict an employee’s claim against the owner of a trade publication who reneged on a promise to share with her the proceeds of a sale of the paper, provided she remain with the paper after its publisher’s death. The jury found that the employee had relied to her detriment on the owner’s false promises and awarded substantial damages, which were successfully defended on appeal.
- Successfully defended a national law firm against claims by the bankruptcy trustee of a former corporate client, who alleged that the firm had failed to disclose a disqualifying conflict of interest. This claim was defeated on a motion for summary judgment establishing a lack of causal connection between the alleged undisclosed conflict and any damages.
- Successfully defended supervisory employees of a national technology company charged with sexual harassment by an employee at a Massachusetts manufacturing facility. Aggressive factual investigation resulted in plaintiff’s voluntary dismissal of the Complaint, with prejudice.
- As counsel to the Chapter 7 Trustee of a nationwide nursing home chain, investigated and prosecuted adversary proceedings against the officers and directors and their family members and related companies, alleging a concerted course of self-dealing and losses in the millions of dollars. Careful factual development and legal analysis led to a significant recovery by the Trustee after pre-trial mediation.
- Successfully defended a closely-held medical devices company against the claims of a minority shareholder who had been employed by the company during the early development stages of a device later sold to a leading medical devices company. A jury trial resulted in a verdict and judgment favorable to the company on the shareholder’s individual and derivative claims.
- Successfully established the rights of waterfront property owners to control access over a private way to the beach. A motion for summary judgment on a Land Court action to quiet title yielded a favorable memorandum of decision clarifying important unsettled issues regarding express and implied easements over registered land.
- Massachusetts Super Lawyer, Business Litigation, 2004-2009, 2011-2015
- Martindale Hubbell Peer Review Rated AV Preeminent
- Fellow, Litigation Counsel of America
Publications and Presentations
- Judge, ABA Law Student Division National Appellate Advocacy Competition 2016
- Boston Bar Association, Business and Commercial Litigation Section, “The 2015 Amendments to the Federal Rules of Civil Procedure” (moderator) 2016
- Massachusetts Continuing Legal Education, “14th Annual Business Litigation Conference” (panelist) 2015
- “Ethical Issues Facing Corporate Counsel in Closely Held Business Disputes,” Commercial & Business Litigation (Winter 2015)
- “Minority Shareholder Threats to Subchapter S Elections,” Commercial & Business Litigation (Winter 2014)
- Women in eDiscovery, “2014 Mass. R. Civ. P. eDiscovery Amendments” (presenter), December 2013
- “Predictive Coding Goes Mainstream,” Commercial & Business Litigation (Winter 2013)
- Co-Author, Guide to Protecting and Litigating Trade Secrets (ABA 2012)
- “Drafting an Effective Agreement for Nontraditional Dispute Resolution,” Commercial & Business Litigation (Spring 2009)
- Massachusetts Continuing Legal Education, “Taking Depositions Workshop” (co-chair), 2000-2003
- Massachusetts Continuing Legal Education, “Introducing Evidence at Trial” (presenter), 2002
Professional and Community Involvement
- Hearing Officer, Massachusetts Board of Bar Overseers
- Boston Bar Association, Business and Commercial Litigation Section, Steering Committee
- American Bar Association, Section of Litigation leadership positions (vice chair, Commercial and Business Litigation Committee; member, Content Management Committee)
- Board of Directors, Hingham Historical Society, Hingham, MA
- Member, Town of Hingham Historic Archives Task Force