David H. Rich is a partner in the firm. He joined Todd & Weld upon his graduation from law school in 1996. His practice is varied, but he spends the majority of his practice focused on complex business and commercial litigation, first amendment law, intellectual property litigation, and criminal defense work.
Mr. Rich has successfully tried several cases in the state and federal courts involving diverse matters such as the representation of a state superior court justice suing a media entity for defamation, a harness horse racing facility suing a contractor for fraud, defense of a lender liability lawsuit, prosecution of a federal trademark infringement case against a major national bank, defense of a regional automobile distributorship sued in a class action lawsuit by its dealers for alleged violations of the RICO statute, and the prosecution of a matter on behalf of a national music retailer suing over a proposed lease extension.
In 2008, David Rich acted as lead counsel in two major pieces of litigation.
In the summer of 2008, Mr. Rich, along with Julie Green and Megan Deluhery successfully obtained a preliminary injunction on behalf of Commerce Bank prohibiting TD Banknorth from using the name "TD Commerce Bank" in the Boston and Worcester metropolitan areas. TD Banknorth had announced plans to begin using the name “TD Commerce Bank” after its merger with New Jersey-based Commerce Bancorp. Mr. Rich brought suit on behalf of Commerce Bank, a Massachusetts bank headquartered in Worcester, and on May 2, 2008, Judge F. Dennis Saylor of the U.S. District Court in Worcester granted Commerce Bank's motion for preliminary injunction, agreeing that Commerce Bank's mark was worthy of trademark protection and that TD Banknorth's proposed mark was likely to cause confusion. Following a hearing on May 7, Judge Saylor issued an order prohibiting TD Banknorth's use of the proposed mark in Suffolk, Worcester, Middlesex, Norfolk and Essex counties. The injunction prohibited TD Banknorth from renaming its branches, referring to itself using Commerce Bank's mark, using the new mark on the TD Banknorth Garden, or advertising under the new mark within Commerce Bank's market, pending a trial on the merits. The matter was eventually resolved through TD Banknorth's agreement not to use the “TD Commerce Bank” in Massachusettts.
In early December, 2008, Mr. Rich successfully obtained a $20+ million-dollar verdict on behalf of a local private equity firm, Realty Financial Partners. The legal action was commenced after an affiliate of Realty Financial Partners made a series of high risk loans to a developer, Meadow Creek, LLC, for a real estate development project involving the construction of an 18-hole golf course and a 178-lot residential subdivision in Dracut, Massachusetts. The developer failed to pay the loans when due and later commenced a “lender liability,” usury and fraud-based lawsuit. After a nine-day jury-waived trial, Justice Ralph Gants, Chief Judge of the Massachusetts Superior Court's Business Litigation Session, issued a verdict in favor of Realty Financial Partners and against Meadow Creek, LLC and its principal, Frederick Fahey. The Court's verdict included an award to Realty Financial Partners' affiliate of $20+ million in compensatory damages plus an award of attorneys' fees. The Court's award also held Mr. Fahey personally liable for in excess of $670,000 of the verdict, plus an award of attorneys' fees. The Court's decision specifically rejected Meadow Creek, LLC's multi-million dollar “lender liability,” usury and fraud-based claims, holding that the actions of Realty Financial Partners were lawful, appropriate and justified.
In 2005, Mr. Rich successfully tried two matters, each of which resulted in a million dollars plus verdict. Specifically, Mr. Rich, along with Howard Cooper, successfully represented a state superior court justice in a suit against a local media newspaper. After a month long trial, the jury awarded a $2.09 million dollars verdict. Mr. Rich and J. Owen Todd also successfully prosecuted a case on behalf of a local horse racing facility in which the Court, after a 33 day trial, entered a verdict in excess of one million dollars, plus attorneys' fees.
In 2003, Mr. Rich, along with fellow Todd & Weld attorneys Lisa Arrowood and Edward Foye, successfully defended a high profile author and nutritionist sued for breach of contract in the United States District Court for the District of Massachusetts. The case was voted among the “Biggest Defense Wins of the Year” by Massachusetts Lawyers Weekly.
Mr. Rich was named a "Massachusetts Super Lawyers Rising Star" in Boston Magazine in 2007, 2006, and 2005.
Mr. Rich received his Bachelor of Science from Syracuse University where he majored in finance, with a minor in economics. Mr. Rich received a J.D. from Suffolk University Law School, where he graduated cum laude and served on the Moot Court Board. While in law school, Mr. Rich worked as an intern with the United States Department of Justice's Organized Crime and Racketeering Section and the Norfolk County District Attorney's Office.