Stephen Riden Analyzes Appeals Court Decision in Massachusetts Lawyers Weekly

A recent issue of Massachusetts Lawyers Weekly features discussion with Steve Riden in an article titled “Investor’s suit against foreign bank revived.”

The article covers a decision by the Massachusetts Appeals Court concerning whether a foreign bank had sufficient ties with Massachusetts to be subject to suit within the Commonwealth. The decision was entered in the case titled Von Schönau-Riedweg, et al. v. Rothschild Bank AG.

The decision addresses the exercise of long-arm jurisdiction by a Massachusetts court over a Swiss bank based on the conduct of an advisor that acted as the bank’s agent.

In the article, Steve Riden is quoted as follows:

Attorneys said the decision, while not breaking new ground, is helpful.

“It provides a good road map for any practitioner interested in the status of agency law in Massachusetts,” said Stephen D. Riden, co-chairman of the Boston Bar Association’s Business and Commercial Litigation Section.

***

Riden also noted the Appeals Court’s “back to basics” approach in looking at “elemental hallmarks” of the existence of an agency-principal relationship, such as the advisor’s use of the bank’s business cards, stationery and email system.

“If you are a putting together an affidavit, you should be looking for things like that,” Riden said.

The article is by Massachusetts Lawyers Weekly’s reporter, Kris Olson / @KO_Reporter.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Stephen Riden Featured in Massachusetts Lawyers Weekly on Arbitration

A recent issue of Massachusetts Lawyers Weekly features extensive discussion with Steve Riden in an article titled “Benefits of business-to-business arbitration on trial.”

The article covers a decision by U.S. District Court Judge William G. Young concerning the use of arbitration clauses in commercial transactions. The decision was entered in the case titled Cellinfo, LLC v. American Tower Corporation, 18-cv-11250, United States District Court, District of Massachsuetts.

Procedurally, the decision addresses a motion to dismiss based on the defendants’ argument that a dispute resolution clause in the parties’ contract required the matter to be submitted to private arbitration. After addressing the merits of the motion, Judge Young concludes his opinion with a lengthy analysis of private arbitration in general, titled “Whatever Were They Thinking? Myths and Realities Concerning Courts and Arbitration.”

The court introduces its analysis of arbitration as follows: “How could an otherwise sophisticated agreement have made such a hash out of the parties’ intentions concerning the interplay of arbitration and court processes? It appears that in this ‘big law’ era, the drafters operated under the myth that arbitration is cheaper, faster, and more confidential than litigation (only one of these is true) without talking to trial lawyers who understand the reality that while people may not want trials, what they do want is a firm and reasonably prompt trial date before an impartial fact-finder as the best chance for a fairly negotiated settlement.” Judge Young’s analysis proceeds with in-depth discussion of the pros and cons of arbitration, and comparisons to court proceedings.

In the article, Steve Riden is quoted as follows:

Boston commercial litigator Stephen D. Riden says Young made some very good points in CellInfo, points that he himself has raised with his corporate clients.

“In dealing with companies, there’s a perception that arbitration is always going to be faster, cheaper and more confidential than a federal court proceeding,” Riden says. “That’s not always right.”

***

The judge acknowledged that federal litigation is “expensive as well — too expensive.” However, he concluded it was plainly a myth that arbitration is always a bargain by comparison. . . . Noting a typical arbitrator might charge $400 an hour, Riden says Young made one of his better points on the issue of up-front costs.

“For arbitration, it’s going to cost thousands of dollars up front, and it can cost tens of thousands of dollars just to pay for the arbitration over the course of the case,” Riden says. “Compare that to federal court where you put a few hundred dollars on your credit card and you’re off to the races.”

***

Riden acknowledges the popular perception that the costs of discovery in litigation far outweigh the costs of discovery in arbitration. However, he says his experience has shown that the costs tend to be comparable.

“I don’t see much of a difference in terms of cost between conducting discovery in federal court as opposed to conducting discovery in arbitration,” he says. “You’re still going to have to pay for the same forensic experts in both cases.”

***

According to Riden, a main benefit of litigation is that a party can start “pulling levers” to get rulings from a judge on dispositive motions much faster than parties can get decisions on the merits from an arbitrator.

“Typically, an arbitrator is not going to issue a decision on the merits in a case until the very end of the dispute,” Riden says. “Whereas in a federal or state court case, you ask for dispositive rulings up front or move for a preliminary injunction. Then you will have input from a decision-maker at the outset of a case.”

***

Riden says he typically advises clients to insert arbitration clauses in their contracts when he knows the client cares more about the confidentiality as opposed to the cost of a proceeding.

“Absolute confidentiality can be provided in an arbitration, but it certainly comes at a cost,” Riden says.

The article is by Massachusetts Lawyers Weekly’s reporter, Pat Murphy.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Beck Reed Riden LLP Attorneys Named to 2019 Best Lawyers in America List

Beck Reed Riden LLP is pleased to announce that three of its lawyers have again been named to the 2019 Edition of Best Lawyers.

Russell Beck, Stephen Reed, and Stephen Riden were named to the 2019 Best Lawyers in America list in the following categories:

  • Russell BeckCommercial Litigation
  • Steve ReedCommercial Litigation, Employment Law – Management, Litigation – Labor and Employment
  • Steve RidenCommercial Litigation

Best Lawyers has published their list for over three decades. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries.

Best Lawyers Award BadgeLawyers on the Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

Beck Reed Riden LLPis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Beck Reed Riden LLP Attorneys Named Super Lawyers

Russell Beck, Stephen ReedStephen Riden, and Barry Guryan have been recognized as Super Lawyers by the 2018 issue of Massachusetts Super Lawyers Magazine. In addition, Hannah Joseph has been recognized as a Rising Star by the Magazine.

In addition, Super Lawyers Magazine has selected Russell Beck and Stephen Riden as two of the Top 100 Super Lawyers in Massachusetts for 2018. Russell Beck has also been named as one of the Top 100 Super Lawyers in New England for 2018.

Super Lawyers

The title of Super Lawyer is given to 5% of the lawyers in the Commonwealth while the Rising Star designation recognizes 2.5% of lawyers under 40.  The Super Lawyers selection process is described in detail here.

Beck Reed Riden LLPis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Stephen Riden Named Co-Chair of Boston Bar Association’s Litigation Section

Steve Riden has been named co-chair of the the Boston Bar Association’s Business and Commercial Litigation Section for 2017 & 2018.

This section of the Boston Bar Association is responsible for organizing presentations on topics relevant to commercial litigators. Among other events, the section is responsible for organizing the annual Business Litigation Session Year in Review, which features a panel of all current judges in the Commonwealth’s Business Litigation Session. The Business and Commercial Litigation Section is made up of approximately 20 attorneys who serve as members of the steering committee.

Steve Riden’s fellow co-chair is Attorney Paula Bagger of the Law Office of Paula M. Bagger LLC.

teve has extensive experience litigating business disputes involving breach of contract, fraud, unfair competition, trade secrets, and noncompete agreements. He has represented companies in a variety of governmental investigations. Stephen also has substantial experience representing owners involved in intra-corporate disputes, including shareholder litigation and close-corporation control matters.

Beck Reed Riden LLPis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Beck Reed Riden LLP Named in U.S. News 2018 Best Law Firms Ranking

Beck Reed Riden LLP has again received national recognition in U.S News & World Report’s “Best Law Firms” publication for 2018. Beck Reed Riden LLP received a Metropolitan Tier-1 ranking in the area of Commercial Litigation and a Metropolitan Tier-2 ranking in the area of Litigation – Labor & Employment.

The 2018 rankings are based on peer reviews and client input. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America. Russell Beck, Stephen Reed, and Stephen Riden were recently selected by their peers for inclusion in The Best Lawyers in America® 2018.

Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity. The 2018 “Best Law Firms” rankings can be seen in their entirety by visiting bestlawfirms.usnews.com.

U.S. News & World Report is a registered trademark of U.S. News & World Report, L.P. Best Lawyers is a registered trademark of Woodward/White, Inc.

Beck Reed Riden LLPis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Stephen Riden Quoted in Massachusetts Lawyers Weekly

A recent issue of Massachusetts Lawyers Weekly features Stephen Riden in an article titled “Cost of lawyer’s fraud falls on client, not third party.”

The article covers a decision by the Massachusetts Superior Court in Middlesex County concerning the impact of fraudulent conduct by an attorney, and which party must shoulder the burden of the attorney’s misdeeds. The decision was entered in the case titled Artin Service Station, Inc. v. Mitri, Lawyers Weekly No. 12-088-17. 

In the decision, the Middlesex Superior Court explained that attorney for the plaintiff Artin Service Station pocketed settlement proceeds that were supposed to be paid to a third party.  The court ruled that, even though both Artin Service Station and the third party were victims of the lawyer’s misconduct, Artin Service Station had to bear the loss.

The court reasoned that “[t]his result is plainly unsatisfying to Artin, which is a victim of its agent attorney. There is likely little comfort in the fact that Artin’s claims against the disbarred wrongdoer, Levintoff, are compelling. But where neither the principal nor the third person did anything wrong, and both are victims of Levintoff’s wrongdoing, the law requires the principal to bear the risk.”

In the article, Steve Riden is quoted as follows:

Boston attorney Stephen D. Riden said that the message from the decision is that companies and individuals shopping for legal representation need to do their homework and then monitor their lawyer’s activities.

He added that the cautionary tale extends to employers who use “agents,” i.e., their employees, whose wrongful conduct could bind and harm them.

The decision went the right way from a practical perspective, Riden said. If the decision had imposed a duty to investigate possible fraudulent conduct by an agent, it would “inject a huge amount of uncertainty into every business transaction,” potentially bringing those dealings to a halt.

The article is by Massachusetts Lawyers Weekly’s reporter, Kris Olson.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Steve Riden Supplements Guide to Law of Damages

Steve Riden has written the first supplement to his chapter in the book Damages, Interest, and Attorney Fees in Massachusetts Litigation. The chapter, supplemented in 2017, is titled “General Law of Damages in Massachusetts.”

The book was edited by Tara J. Myslinski, Esq., of O’Connor, Carnathan, and Mack LLC, in Burlington, Massachusetts.

The first chapter provides an overview of the law of damages in Massachusetts. It describes compensatory, nominal, and punitive damages and reviews the different types of injury associated with damages claims. It also describes a series of special rules and doctrines affecting damages, such as mitigation, the collateral source rule, comparative negligence, additur and remittitur, contribution and indemnification, and tax consequences. Included in the chapter is a digest of nearly sixty specific statutory provisions authorizing punitive damages awards.

General Law of Damages in MassachusettsThe book is published by MCLE and is an essential resource for civil litigators seeking to assess the value of their cases and develop effective strategies for litigating damages. The earliest chapters of the book offer a general overview of the law of damages in Massachusetts, guidance on practice and procedure, and a look at settlement options.

The book explores damages issues in major areas of civil litigation in Massachusetts, such as personal injury actions and Chapter 93A cases.

RectangleThe concluding chapters, on interest and attorney fees, provide clear and practical guidance on these important but occasionally overlooked aspects of a plaintiff’s recovery. More information about the book is available here.

Beck Reed Riden LLPis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Beck Reed Riden LLP Attorneys Named to 2017 Best Lawyers in America List

Beck Reed Riden LLP is pleased to announce that two of its lawyers have been named to the 2017 Edition of Best Lawyers.

Stephen Reed and Stephen Riden were named to the 2016 Best Lawyers in America list in the following categories:

  • Steve Reed, Commercial Litigation, &
    Litigation – Labor and Employment
  • Steve Riden, Commercial Litigation

Best Lawyers has published their list for over three decades. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries.

Best Lawyers Award BadgeLawyers on the Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

Beck Reed Riden LLPis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Stephen Riden To Moderate BBA Panel

ridenStephen Riden will moderate a panel at the Boston Bar Association titled “Business Litigation Session: Year In Review.” Stephen is member of the BBA’s Business and Commercial Litigation Section. The panel will be co-moderated by Cynthia M. Guizzetti of Nutter McClennen & Fish LLP.

BBAThe event will be held on Thursday, June 16, 2016, from 4:00 to 5:30 PM at 16 Beacon Street, Boston, MA. More information and registration is available here.

The panel features all four Massachusetts Superior Court Judges who are currently assigned to the Business Litigation Session:

  • Hon. Janet L. Sanders, Superior Court
  • Hon. Kenneth W. Salinger, Superior Court
  • Hon. Mitchell H. Kaplan, Superior Court
  • Hon. Edward P. Leibensperger, Superior Court

The Business Litigation Session of the Superior Court (BLS) provides a forum for business and commercial disputes. The BLS consists of two full time sessions committed to the timely and efficient resolution of commercial disputes and other complex cases. The BLS handles a wide array of cases, including matters involving corporate governance, professional malpractice claims, consumer class actions, trade secret cases, insurance coverage disputes, and variety of commercial contract disputes.

Beck Reed Riden LLPBLF 2014_Silver_Generalis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

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