Richard M. Zielinski
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1 Richard M. Zielinski (617) Fax: (617) Boston 400 Atlantic Avenue Boston, MA image Practices/Industries Professional Liability Real Estate Litigation Business & Commercial Litigation Education Harvard Law School, J.D., 1980, cum laude Colgate University, B.A., 1977, summa cum laude Admissions Massachusetts District of Columbia Overview According to Chambers USA, the very entrepreneurial Richard Zielinski is held in high regard by sources. He has substantial expertise in bet-the-company litigation and is singled out by observers as an aggressive litigator. Clients remark that he is fantastic on his feet. He thinks seven steps ahead of everyone else." Richard represents major law firms throughout the United States in malpractice cases, disciplinary matters and intra-firm disputes. He was recently named Boston's Legal Malpractice Defense Lawyer of the Year by peer-reviewed Best Lawyers in America. Richard also has extensive trial experience in a wide range of business and real estate disputes, including cases involving the financing and construction of large office towers, breach of contract cases, partnership disputes, lender liability cases and cases under the Massachusetts Consumer Protection Act (Chapter 93A). He also defends manufacturers in products liability, mass tort and class action cases and has been named Lawyer of the Year in these practice areas in the past. Representative industries include pharmaceuticals, electrical products and tobacco. Richard is a Director with the firm. Representative Experience Defended Rogers Communications, Canada s largest wireless communications company, in an action seeking damages and injunctive relief for alleged misappropriation of trade secrets and breach of contract in connection with unsuccessful negotiations to license the plaintiff s wireless technology. Case was dismissed based on the successful invocation of a contractual forum selection clause. Successfully defeated class certification in a putative class action against a Massachusetts-based public company under the Telephone Consumer Protection Act, 47 U.S.C 227 Represented a group of world renowned physicians and scientists
2 in various civil and criminal proceedings relating to the arthritis drug, Vioxx. Defense of a major, national law firm in a case arising out of a $330 million leveraged buyout of a manufacturing company which subsequently went bankrupt. Successful representation of the developers of the largest office complex in Boston in a $300+ million dispute with their lender. Defense of a major tobacco company in hundreds of products liability cases including individual and class actions, and the Medicaid reimbursement actions brought by various state attorneys general in the mid-1990s. Defense of a Birmingham, Alabama valve manufacturer in a $300+ million case arising out of a catastrophic explosion at a petrochemical processing plant located near Houston, Texas. Professional and Community Involvement Member, Massachusetts Board of Bar Overseers ( ) Trustee, Massachusetts Continuing Legal Education, Inc. ( ) Boston Bar Association, Administration of Justice Section, Co- Chair ( ) Boston Bar Association, Council Member ( ) Boston Bar Association, Professional Liability Committee (Past Chair) Awards and Recognition Martindale Hubbell Peer Review Rated AV Preeminent TM Best Lawyers, Boston Legal Malpractice Law - Defendants "Lawyer of the Year," Best Lawyers, Boston Product Liability Litigation - Defendants "Lawyer of the Year," 2012 and Best Lawyers, Mass Tort Litigation/Class Actions - Defendants "Lawyer of the Year," Best Lawyers, Commercial Litigation, Legal Malpractice Law - Defendants, Personal Injury Litigation - Defendants, Mass Tort Litigation/Class Actions - Defendants and Product Liability Litigation Defendants, "America s Leading Business Lawyers," Chambers USA
3 Fellow, American College of Trial Lawyers Massachusetts State Committee Chair, Chair, Standing Committee on the Teaching of Trial and Appellate Advocacy, Massachusetts Super Lawyers, Top 100 in Massachusetts and New England, Top 10 in Massachusetts, 2010 Speaking Engagements Panelist, 14th Annual New England Estate Planning Conference 2013, MCLE, January 2013 Panelist, Managing the Expert Witness-an Advanced Discussion, National Legal Malpractice Conference, American Bar Association, April 2007 Faculty Chair, "Malpractice Claims Against Lawyers," MCLE Seminar, July 2005 Press Releases Washington, DC Litigation- Land Use and Zoning "Lawyer of the Year" Maureen E. Dwyer and Land Use and Zoning "Lawyer of the Year" Phil T. Feola Among 42 Goulston & Storrs Lawyers Recognized by Best Lawyers for 2017, August 2015 UPDATE: 2016 Chambers USA and New High Net Worth Guides Recognize Ten Market-Leading Goulston & Storrs Practices and 34 Leading Individual Lawyers, June 2016 Boston Land Use and Zoning Law "Lawyer of the Year" Matthew J. Kiefer Among 42 Goulston & Storrs Lawyers Recognized by Best Lawyers for 2016, August Chambers USA Guide Recognizes Nine Market-Leading Goulston & Storrs Practices and 31 Leading Individual Lawyers, May 2015 Goulston & Storrs Richard Zielinski Named 2015 Best Lawyers Lawyer of the Year in Legal Malpractice Law and Michael Robinson Named Lawyer of the Year in Real Estate, August 2014 Goulston & Storrs Expands Practice Recognition in 2014 Chambers USA Rankings, May 2014 Goulston & Storrs Captures 47 Spots on the 2013 Massachusetts Super Lawyers List; 14 on the 2013 Massachusetts Rising Stars
4 List, October 2013 Goulston & Storrs Nabs 34 Lawyers, 2 Lawyer of the Year Recognitions in 2014 Best Lawyers Rankings, August 2013 Goulston & Storrs Nets 33 Lawyers, 7 Practice Areas in 2013 Chambers USA Rankings, May Goulston & Storrs Attorneys Named to 2013 Edition of Best Lawyers, September 2012 Chambers USA Ranks Goulston & Storrs in Multiple Practice Areas, June 2012 Goulston Attorneys Recognized as Best Lawyers' 2012 Lawyers of the Year, October 2011 Goulston & Storrs Attorneys Named to 2012 Edition of Best Lawyers, September 2011 Chambers USA Ranks Goulston & Storrs in Multiple Practice Areas, June 2011 Goulston & Storrs Attorneys Named to 2011 Edition of Best Lawyers, August 2010 Chambers USA Ranks Goulston & Storrs in Leading Practice Areas, June 2010 Goulston & Storrs Attorneys Named in 2010 Best Lawyers, July 30, 2009 Chambers USA Ranks Goulston & Storrs in Leading Practice Areas: 22 individual attorneys receive recognition, June 2009 Advisories What's Market? Update: Litigation, October 2015 Does the Attorney-Client Privilege Protect Communications With A Company s Outside Consultants?, August 2014 Disclosure of Confidential Information to Consultants May Waive the Attorney-Client Privilege, March 2009 Blogs Massachusetts Court Provides Helpful Guidance to Retailers on Attorney-Client Privilege with Outside Consultants, August 2014 Legal OnRamp Blog - United States v. Deloitte LLP: The D.C. Circuit Loosens the Textron Straitjacket, August 2010
5 Publications / Mentions Settlement Pact Not Violated By Disclosure in New Lawsuit, October 2014 Settlement Demands Allowed in Ropes Trial, November 2013 Inside Advice From Firm Ethics Counsel is Privileged, December 2012 Vexatious Litigation: A Vexing Problem, September 2012 Potential conflicts: how to deal with them when they occur, May 2012 "Rule 1.6: When a Lawyer's Between Rock and Hard Case," New England In House, March 2011 "Tests to Assess Whether Work Product Doctrine Protects Your Work," New England In House, November 2010 "Advance Conflict Waivers," Law Firm Partnership & Benefits Report, July 2009 "Mass. Court Weighs in on Disclosure to Consultants," New England In-House, May 2009 "Responding to Claims Against Your Law Firm," ALM: Law Firm Partnership and Benefits Report, February 2008 "Common Ethical Issues Facing In-House Counsel," New England In-House, September 2007 "Managing Outside Litigation Counsel: The Ten Commandments," Association of Corporate Counsel, New England Chapter, June 2007 "Intra-Law Firm Communications," Law Firm Partnership and Benefits Report, February 2007 "Protecting a Law Firm's Internal Attorney-Client Privilege," Massachusetts Lawyers Weekly, January 2007 "Liability for Attorneys' Opinion Letters", January 2005 Seminars / Events "A Conversation with the Legends: A Celebration of the American Jury Trial," MCLE 2014 National Legal Malpractice Conference, American Bar Association
6 "What General Counsel Want," MCLE New England "Wearing Two Hats: Ethical and Malpractice Considerations When A Lawyer Acts As A Fiduciary," Boston Bar Association Winning Your Case Before Trial Litigation, Arbitration or Mediation-- the Good, the Bad and the Ugly Anatomy of an Estate Planning Malpractice Case Civil and Criminal Practice and Procedure Ethics in Play: Did you just go out of bounds? "Opportunities Lost: The Life Cycle of a Claim," ALAS Ltd.
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