DANIEL P. TIGHE
Dan joined our firm in 2001 as of counsel and became a partner in June 2002. Before he came to GT&M, Dan had been an associate and then a partner at Hale and Dorr LLP, where he was a member of the litigation department for ten years. Dan also has served as Assistant General Counsel at CMGI, Inc., where he was responsible for all litigation matters affecting CMGI and its majority-owned subsidiaries and as a Special Assistant District Attorney in Middlesex (Mass.) County.
Dan represents clients involved in all types of business disputes. He frequently appears in state and federal courts and before arbitration panels in cases involving securities, insurance, corporate governance and intellectual property. He has also represented clients in proceedings and investigations involving the Securities and Exchange Commission.
Dan graduated with honors from Trinity College in 1987, where he was elected Phi Beta Kappa, and from the New York University School of Law in 1990. Dan has served on the Civil Litigation Section of the Massachusetts Bar Association, has been named one of Boston Magazine's Massachusetts' "Super Lawyers" for every year since 2005 and has served on MCLE panels related to various civil practice issues.
CASES
The following is a list of some of the reported decisions in cases in which Dan represented one of the parties:
- CSC Consulting v. Powell, et al. Superior Court C.A. 07-0887-BLS (decided March, 2007).
Dan successfully obtained an injunction for CSC Consulting in this case involving the enforcement of a non-competition agreement.
- Schneider v. Fidelity Investments, NASD Case No 05-200 (decided January 2007).
Dan represented Fidelity in a 5-day NASD arbitration which resulted in a decision favorable to Fidelity.
- CMGI Inc. Co. v. American & Foreign Insurance Company, Essex County Case No.2-1653C (Jury verdict returned January, 2005).
Dan and Sara Shanahan represented CMGI is this insurance coverage case in which, after a two week jury trial, CMGI prevailed on all claims and obtained a verdict and judgment that exceeded one million dollars.
- Liberty Mutual, Ins. v. United Technologies Corp., 2003 Westlaw 269673 (Ma. Super. January 13, 2003).
Dan represented Liberty Mutual in this dispute about the liability for more than $2 million in retrospective insurance premiums. United Technologies argued that it had no liability for premiums associated with claims submitted by former UTC subsidiaries. The Court entered summary judgment in favor of Liberty on all liability issues, leading to a settlement favorable to Liberty.
- Omega Healthcare Investors v. First American Tit. Ins. Co., 2003 Westlaw 79037 (D. Mass., Jan. 9, 2003).
Dan represented Omega Healthcare Investors in this case that involved, among other things, title insurance. The carrier argued that policies issued to Omega (as a lender) lapsed when a subsidiary of Omega took title to mortgaged properties pursuant to a deed in lieu of foreclosure transaction. The Court found that the policies did not lapse, leading to a settlement of this and a companion case on terms favorable to Omega.
- In Re Initial Public Offering Securities Litigation, 241 F. Supp. 2d. 70 (S.D.N.Y. 2003).
Dan represents Cannacord Adams (formerly Adams, Harkness & Hill, Inc.) in this on-going class action lawsuit in which plaintiffs assert claims under the federal securities laws based on allegations about the manner in which issuers and underwriters distributed shares of stock in connection with 309 stock offerings.
- Nomos Corp. v. Zmed, Inc. 226 F. Supp 323 (D. Mass. 2002).
Dan was co-counsel to Zmed, Inc. in this patent infringement action related to the technology used for radiation treatment therapies. Zmed obtained summary judgment that a "commercial product" did not infringe a patent asserted by Nomos and after a 5-day trial, a jury found that Nomos suffered no damages as a result of Zmed's sale of an allegedly infringing "beta" version of its product.
- Alves v. Harvard Pilgrim Healthcare, Inc. 204 F. Supp. 2d 198 (D. Mass. 2002).
Dan was co-counsel in this class action alleging that Harvard Pilgrim breached provisions of ERISA by charging preset co-payments for prescription medications. The Court entered summary judgment for Harvard Pilgrim.
- Harhen v. Brown, 431 Mass 838 (2000).
Dan was one of the lawyers representing John Hancock and several of its officers and directors in this policyholder derivative suit. In this decision, the Massachusetts Supreme Judicial Court affirmed the dismissal of a complaint based on the application of the business judgment rule to decisions made by disinterested corporate directors.
- Datapoint Corporation v. PictureTel Corporation, 1999 Westlaw 507141 (Fed. Cir. 1999).
Dan was part of the trial team representing PictureTel in this patent infringement case related to multipoint videoconferencing technology. The plaintiff asserted claims for over $300 million in damages. PictureTel prevailed after a four week trial in the United States District Court for the Northern District of Texas. The verdict was upheld by the United States Court of Appeals for the Federal Circuit.
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