Joseph M. Cacace

Biography

Joseph M. Cacace concentrates his practice on complex civil matters, including business disputes, professional malpractice, class action, defamation, civil rights, and intellectual property litigation.  Mr. Cacace has experience litigating at all levels of state and federal courts and resolving disputes via arbitration and mediation.

Mr. Cacace's recent accomplishments on behalf of clients include:

Appellate Results

  • Preston v. Nagel, 857 F.3d 1382 (Fed. Cir. 2017)  (Obtained ruling from U.S. Court of Appeals for the Federal Circuit upholding remand of business dispute to state court, and denying argument by opposition that the America Invents Act overrides a statutory bar to appellate review of remand order)
  • Chanowski v. Forman Industries, Inc., 2017 WL 4558256 (Mass. App. Ct. Oct. 13, 2017) (Rule 1:28) (Obtained ruling upholding trial court’s order that defendants must permit plaintiffs to inspect corporate records and pay plaintiffs’ attorneys’ fees; obtained award of appellate attorneys’ fees)

Business Litigation – Closely Held Business Disputes, Shareholder Disputes, and Corporate Governance Litigation

  • Secured a favorable settlement for 50 percent shareholders of closely-held regional manufacturing company related to arbitration of buyout dispute involving sophisticated business valuation issues and direct and derivative claims for breach of fiduciary duties and breach of contract
  • Obtained order for inspection of corporate records and attorneys’ fees after persuading Superior Court to dismiss various counterclaims and to strike a fraud-based affirmative defense

Business Litigation – Intellectual Property

  • Persuaded the U.S. Court of Appeals for the Federal Circuit to reject an argument that the America Invents Act overrides a statutory bar to appellate review of a remand order to state court

Business Litigation

  • Represented car wash equipment distribution company in breach of contract dispute with car wash owner, which settled after obtaining favorable evidentiary ruling immediately before trial
  • Negotiated a favorable settlement on behalf of a life insurance beneficiary for unfair claim settlement practices by life insurance company

Professional Liability

  • Represented a large environmental and infrastructure consulting business in professional negligence claim against accounting firm, which resulted in a favorable settlement after mediation

Defamation and Employment Discrimination

Civil Rights, Personal Injury, and Tort Claims

  • Persuaded a federal district court judge in Massachusetts to permit a civil rights class action lawsuit to proceed against the City of Methuen, its police chief, and several individual police officers for using a factually inaccurate and coercive Spanish-language advice-of-rights form during OUI arrests
  • Represented minor student in lawsuit against municipality, school officials, and former teacher for sexual harassment and abuse by former teacher, which settled favorably after mediation following summary judgment briefing

Real Estate Litigation

  • On behalf of a condominium unit owner, persuaded a Massachusetts Superior Court judge to deny the defendants' motion to dismiss the owner's complaint arising from catastrophic damage to the owner's unit due to the alleged failure of the condominium  association and property manager to maintain and repair the condominium's  common areas, including leaking steam pipes

Construction

  • Represented general contractor in multi-party construction dispute arising out of delay claim in connection with residential historic rehabilitation project in Boston, which resulted in favorable settlement on first day of arbitration
  • Obtained default against general contractor and favorably settling claims on behalf of subcontractor in construction dispute concerning residential subdivision in southern New Hampshire

Class Action

  • Defended a putative class action under the federal Telephone Consumer Protection Act, resulting in a favorable settlement and dismissal with prejudice

Criminal Matters

  • Defended individual charged with federal tax obstruction in multi-defendant federal criminal tax evasion prosecution, resulting in favorable plea agreement and sentence of home detention

Prior to joining the firm, Mr. Cacace represented clients in a wide range of matters, including business litigation, intellectual property disputes, product liability actions, consumer class actions, and real estate disputes.  Mr. Cacace also represented clients in criminal and immigration matters on a pro bono basis.

Mr. Cacace served as a law clerk to the Honorable Robert J. Cordy of the Supreme Judicial Court of Massachusetts.  Mr. Cacace is a member of the Board of Governors of the Law Clerks' Society of the Supreme Judicial Court.

Expand All
  • Background
    • Todd & Weld LLP, 2013-present
    • Goodwin Procter LLP, 2010-2013
    • Law Clerk to the Honorable Robert J. Cordy, Supreme Judicial Court of Massachusetts, 2008-2009
  • Professional Activities
    • Massachusetts Bar Association, Member, Appellate Bench Bar Committee, and Member, Amicus Brief Committee, 2017-present
    • Member, Large Law Firm Subcommittee of Supreme Judicial Court Steering Committee on Lawyer Well-Being
    • American Bar Association
    • Massachusetts Bar Association
    • New Hampshire Bar Association
    • Boston Bar Association
  • Publications / Lectures
    • "Taxing discovery: Understanding when returns are privileged," Massachusetts Lawyers Weekly, March 5, 2018
    • "Compelling Evidence from Non-parties in Arbitration, Massachusetts Lawyers Weekly, May 5, 2015
    • "Plurality Decisions in the Supreme Court of the United States: A Reexamination of the Marks Doctrine After Rapanos v. United States," 41 Suffolk U.L Rev. 97 (2007)
  • Awards / Achievements
    • Named by Super Lawyers to 2018 Massachusetts Rising Stars for Business Litigation
    • Named by Super Lawyers to 2017 Massachuseetts Rising Stars for Business Litigation
    • Named by Super Lawyers to 2016 Massachusetts Rising Stars for Business Litigation
    • Named by Super Lawyers to 2015 Massachusetts Rising Stars
  • Civic & Charitable Involvement
    • Board of Governors, Law Clerks' Society of the Supreme Judicial Court of Massachusetts
    • Member, Suffolk University Law School Gold Council
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Practice Areas

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