Throughout his career, Daniel J. Cloherty has represented numerous institutions, executives, and professionals in a wide array of industries, including telecommunications, energy, education, media, e-commerce, pharmaceutical, and financial services. He has extensive experience handling civil and criminal matters in state and federal courts, as well as before various regulatory bodies, including the Securities and Exchange Commission.
In civil litigation matters, Mr. Cloherty regularly represents companies, executives and professionals in complex business disputes, including breaches of contracts, breaches of fiduciary duties, shareholder disputes, trade secrets theft, non-competition agreements, wage and hour disputes, and other employment issues. His practice also includes counseling clients on First Amendment interests, copyright laws, and e-commerce laws such as the Digital Rights Act and the Communications Decency Act.
Individuals and businesses involved in government investigations and enforcement matters turn to Mr. Cloherty for counsel and guidance. He represents clients in investigations and trials involving allegations of securities violations, healthcare fraud, bank and mail fraud, bribery, embezzlement, and obstruction of justice.
Mr. Cloherty in 2002-2003 served as Special Assistant Federal Defender in the U.S. District Court for the District of Massachusetts.
Mr. Cloherty's notable accomplishments in assisting clients include:
- Obtained midtrial dismissal of all charges for a business executive charged with participating in an alleged conspiracy to distribute pharmaceuticals over the internet
- Secured summary judgment for internet commerce client in lawsuit arising out of alleged defamatory publications on an internet messaging board
- Obtained summary judgment for national media entity in defense of defamation claims related to a national broadcast of a Massachusetts criminal trial
- On behalf of a national telecommunications company persuaded court to issue a preliminary injunction enforcing terms of its noncompetition and nonsolicitation agreement
- Following a three-month trial, won a federal jury defense verdict on behalf of pharmaceutical executive accused of conspiracy to violate the Anti-Kickback Statute
- Obtained summary judgment for national recording company sued for alleged copyright violations
- In employment case secured summary judgment on all counts for consulting company sued for alleged wrongful termination, breach of conract, and employment discrimination
- Obtained favorable ruling from 1st U.S. Circuit Court of Appeals on Communications Decency Act related to anonymous online postings affecting share prices of public company
- Negotiated a favorable settlement on behalf of a publicly traded software company concerning a multimillion dollar lawsuit involving allegations of misappropriation of trade secrets
- Obtained dismissal of a class action alleging that a defendant company had violated the Fair Labor Standards Act (FLSA) and Massachusetts Wage Act
- Obtained favorable resolutions on behalf of national financial services company in parallel investigations initiated by the U.S. Securities and Exchange Commission and Massachusett Securities Division related to allegedly improper financial disclosures