Michael Leard

Mike solves problems. Not every problem, however, requires litigation. Often, the right solution requires collaboration with other practice areas. When that is the case, Mike enjoys connecting clients with his vast network of transactional colleagues, both within Nutter and with affiliated firms across the globe. Where litigation is necessary, Mike thrives on the intellectual competition as one of only a handful of Chambers-ranked commercial litigators in Massachusetts. For nearly 15 years, he has represented individuals and companies of all sizes from across the country in the areas of commercial litigation and product liability, including pharmaceutical, medical device, and consumer product mass tort litigation. Mike regularly practices in the Massachusetts state and federal courts and has substantial experience in multi-district litigations. Here's what clients have to say:

• "Mike is a trusted advisor. In addition to having all the tools a litigator needs in his toolbox he provides pragmatic advice, from both a litigation and business perspective.”
• "Michael is extremely engaged and has been able to advise on a depth of questions while navigating with the opposing counsel."
• "Mike is a tremendous trial lawyer who works hard and is attentive to detail and overall strategy."

In addition to his practice, Mike serves as a Trustee of the Massachusetts Bar Foundation, a legal charity dedicated to increasing access to justice for all Massachusetts residents, as Section Council for the Massachusetts Bar Association’s Litigation Section (check out his interview on the MassBar Beat podcast series), and is actively involved in leadership for the Defense Research Institute’s Drug and Medical Device section. He has been recognized in Chambers USA, The Best Lawyers in America: Ones to Watch, Massachusetts Super Lawyers Rising Stars, and Boston Magazine’s inaugural list of “Top Lawyers.”

Notable Experience and Client Impact

• Defend Fortune 500 pharmaceutical distributor from public nuisance claims brought by various Massachusetts municipalities seeking millions in costs purportedly associated with opioid addiction.
• Obtained summary judgment in putative consumer class action, the court rejecting plaintiff’s flawed theory that the method by which a home insurer calculated coverage limits violated the Massachusetts Consumer Protection Act.
• Successfully brought claims against competitor for trademark infringement, tortious interference, defamation, and unfair trade practices, which ended competitor’s improper efforts to usurp client’s premier brand of recording-studio speaker.
• Represented leading dealer in classical Italian musical instruments in international arbitration, successfully resolving claims against purchaser of multi-million dollar instrument.
• Recovered multi-million dollar judgment in favor of secured lender—after successfully opposing intervenor’s appeal before the United States Court of Appeals for the First Circuit—resulting from borrowers’ default on loan secured by jet aircraft (as featured in Law360).
• Secured dismissal of claims brought by international construction service company seeking to hold principal of landlord entity personally liable, rejecting plaintiff’s claim that principal had aided and abetted tenant in breaching tenant’s construction contract.
• In product liability matter brought against medical device manufacturer, successfully opposed plaintiff-petitioner’s request for the Massachusetts Supreme Judicial Court to exercise its superintendence powers over parties’ discovery dispute, resulting in the SJC ruling in medical device-client’s favor without the need for oral argument.
• Obtained dismissal of alleged violations of the Fair Debt Collection Practices Act and Massachusetts Consumer Protection Act (G.L. c. 93A) in favor of health care practice based on, among other things, a lack of vicarious liability for the alleged conduct of its counsel.
• Successfully obtained judgment on the pleadings in favor of medical device manufacturer in response to third-party complaint for tort-based indemnification brought by physician, against whom a medical malpractice action was pending. The Massachusetts Superior Court agreed with Nutter’s assertion that indemnification was inappropriate because physician was “being held accountable for only his own negligence and, as such, is not blameless.” Woodard, Sr. v. Kueny, M.D., 2019 WL 5788368 (Mass. Sup. Ct. Aug. 1, 2019).
• Obtained swift pre-suit resolution of licensor’s breach of no-contact and non-solicitation provisions of software licensing agreement, ultimately resulting in licensor’s issuance of “apology letter” to client.
• Obtained summary judgment in favor of a pharmaceutical manufacturer successfully rebutting plaintiff’s novel theory of cross-jurisdictional class action tolling. Patterson v. Novartis Pharmaceuticals Corp., 909 F.Supp.2d 116 (D.R.I. 2012).
• Obtained dismissal of defendant’s counterclaim for violation of the Massachusetts Consumer Protection Act, M.G.L. c. 93A, in favor of telecommunications service provider on grounds that the defendant’s c. 93A claims were rooted in contract and, therefore, the choice of law provision of contract at issue applying foreign law prevailed. EarthLink Business, LLC v. Hibernia Atlantic U.S. LLC, 2015 WL 13722627 (D. Mass. 2015).
• Successfully resolved potential multi-million-dollar product liability matter in favor of industrial talc supplier due, in large part, to client’s compelling motion for summary judgment based on Massachusetts’ rejection of the market share theory of liability.

Mike also has an active pro bono practice. He obtained legal status for three siblings who fled persecution and abuse in their native country, which required representation before the Massachusetts probate court, Boston Immigration Court, and the U.S. Citizenship and Immigration Service Asylum Office. In addition, Mike successfully represented the widow of a veteran seeking Dependency and Indemnity Compensation (death benefits) due to the veteran’s suicide before the U.S. Court of Appeals for Veterans Claims, which resulted in the Court vacating the underlying denial of benefits. Mike also successfully appealed a decision by the Massachusetts Division of Unemployment Assistance, resulting in an award of benefits to a Covid-19 frontline worker and defended a local restaurant impacted by Covid-19 in various contract disputes. In light of his commitment to pro bono legal service, Mike has twice been honored with Nutter’s Pro Bono Publico Award. For several years, Mike served as an Adjunct Associate Professor at Tulane University’s School of Public Health and Tropical Medicine, where he taught a course on occupational safety and health regulations. He has spoken at numerous conferences sponsored by the MBA, DRI, American Conference Institute, Trial Attorneys of America, and Perrin Conferences, authored pieces for trade journals, including Law360 and Risk Management Magazine, and provided quotes for various Massachusetts Lawyers Weekly articles.