‘Trade Or Commerce’ As A Threshold Issue Under Chapter 93A: Lessons For Professional Services Litigation

In Vuuren v. Lowenstein Sandler LLP, a Massachusetts Superior Court judge entered summary judgment for the defendant in the plaintiff’s Chapter 93A, Section 11 claim based on the plaintiff’s failure to prove the defendant was acting in “trade or commerce.” The plaintiff, Hugo Van Vuuren, a South African citizen and co-founder of the venture capital fund Xfund, sued law firm Lowenstein Sandler LLP and its partner Marie DeFalco on multiple grounds, including an alleged violation of Massachusetts General Laws Chapter 93A, Section 11. Van Vuuren contended that Lowenstein and DeFalco engaged in unfair or deceptive acts or practices by communicating with U.S. immigration authorities to have his O-1 visa revoked and by allegedly assisting his former business partner, Patrick Chung, in providing information to a U.S. consulate that resulted in Van Vuuren being deemed ineligible for any future visa.