Joseph M. Cacace

Biography

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

Mr. Cacace is a member of the Amicus Brief and Appellate-Bench Bar Committees of the Massachusetts Bar Association.  He also serves on the Board of Governors of the Law Clerks' Society of the Massachusetts Supreme Judicial Court.  Mr. Cacace recently served on the Large Law Firm Subcommittee of the Supreme Judicial Court's Steering Committee on Lawyer Well-Being.

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.  He 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 Massachusetts Supreme Judicial Court.

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

Appellate Results

  • Heagney v. Wong, 915 F.3d 805 (1st Cir. 2019) (First appellate decision affirming plaintiff's verdict for employer's violation of M.G.L. c. 151B, § 4(9), which protects employees and prospective employees from having to disclose criminal charges that do not result in conviction)
  • 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 and defended on appeal an 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

  • Secured favorable settlement for ophthalmologist after filing suit against former partner for breaches of contract and fiduciary duty in connection with breakup of the business
  • Represented judgment creditor in fraudulent transfer action; obtained injunctive relief and dismissal of abuse of process claims under anti-SLAPP statute; secured favorable settlement
  • 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

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

  • Representing children separated from their parents at the border in a first-of-its-kind damages putative class action against current and former government officials seeking compensation for the children and the establishment of a fund for ongoing mental health treatment and monitoring
  • 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
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, 2018-2019
    • 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 Massachusetts Rising Stars for Business Litigation (2015-2019)
  • 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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