SCOTT McCONCHIE
Scott McConchie joined the firm in 2000, after four years as an associate in the litigation department of Choate Hall & Stewart, a large Boston law firm. Scott's practice is focused primarily on complex civil litigation. He represents large corporations and financial institutions, small businesses, and individuals in a variety of matters, including business and commercial disputes; coverage and bad faith claims handling cases; intellectual property matters; and bar disciplinary proceedings.
Scott received his BA, magna cum laude, from Duke University in 1990, and his JD, cum laude, from the University of Michigan Law School in 1996.
Representative matters include:
- Represented client in an appeal where the Superior Court had ruled that the client's right of first refusal was subject to the rule against perpetuities, and therefore void. The Supreme Judicial Court reversed the lower court's ruling, and ordered judgment to enter for the firm's client. See Bortolotti v. Hayden, 449 Mass. 193 (2007).
- Obtained preliminary injunction in April 2007 against former employee who had breached non-competition agreement, leading to favorable settlement for a large consulting company.
- Won a motion to dismiss in federal court on claims preclusion grounds, and subsequently obtained Rule 11 sanctions against plaintiff, resulting in award of all of client's fees.
- Currently represent a defendant in civil litigation arising out of the Big Dig tunnel ceiling collapse in July 2006.
- Have represented large Massachusetts life insurer in numerous death claim cases, as well as in complex class action litigation where policyholders alleged fraudulent retention of surplus.
- Represent international consumer products manufacturer in a class action pending in Superior Court.
- Successfully represented venture capital firm in arbitration where terminated employees asserted whistle-blower type claims in wrongful termination case.
- Obtained dismissal, on jurisdictional grounds, of foreign builder in a breach of contract case which was affirmed by the Court of Appeals for the First Circuit. See Gargano v. Zimmer, 124 Fed. App. 18 (1st Cir. 2005).
- Represent large Boston Hospital in protracted patent litigation and other matters.
- Successfully petitioned the Supreme Judicial Court to reduce the term of suspension of an attorney. See In re Slavitt, 449 Mass. 25 (2007).
- Obtained summary judgment in litigation where the plaintiffs alleged preset co-payments for prescription medications breached provisions of ERISA. See Alves v. Harvard Pilgrim Health Care, Inc., 204 F. Supp. 2d 198 (D. Mass. 2002).
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