Representative engagements in which Mr. Boland has been involved include:
- In re Lamictal Direct Purchaser Antitrust Litigation – represents a research-based pharmaceutical manufacturer in a putative antitrust class action alleging an unlawful “reverse payment” settlement of patent litigation
- In Re: Class 8 Transmission Direct Purchaser Antitrust Litigation – secured complete dismissal, at class certification stage, of indirect purchaser class action for Mack Trucks, Inc. and Volvo Trucks North America alleging a conspiracy to install a monopolist transmission supplier
- Wallach v. Eaton Corp., et al. and Avenarius v. Eaton Corp., et al. – secured complete dismissal of direct purchaser class action for Mack Trucks, Inc. and Volvo Trucks North America alleging a conspiracy to install a monopolist transmission supplier
- In re Wellbutrin XL Antitrust Litigation – represented a major pharmaceuticals manufacturer against class action claims alleging monopolization under the Sherman Act and various state laws
- In re Flat Glass Antitrust Litigation No. II – defended a major international glass manufacturer in putative class actions alleging price fixing in the U.S. glass industry
- JELD-WEN, Inc. v. AGC America, Inc., et al. –defended a major international glass manufacturer in opt-out litigation alleging price fixing in the U.S. glass industry
- West Penn Allegheny Health System v. UPMC and Highmark, Inc. – represented the second-largest hospital system in Pittsburgh in an antitrust action against its largest competitor for alleged illegal monopolization
- Toledo Mack Sales & Services, Inc. v. Mack Trucks, Inc. – secured defense verdicts for a major truck manufacturer against Sherman Act, Robinson-Patman Act, and state law claims brought by dealer in two jury trials. Further secured $1.6 million judgment on counterclaim for misappropriation of trade secrets
- RDK Truck Sales & Service, Inc. v. Mack, Trucks, Inc. – secured summary judgment for major truck manufacturer on antitrust claims brought by independent truck dealer for alleged conspiracies between manufacturer, dealers and truck body suppliers
- AlarMax Distrib. Inc. v. Tyco Safety Products Canada, Ltd. – defended a burglar alarm products manufacturer against claims alleging competitive injury resulting from an exclusive dealing arrangement.
Accounting Related Arbitration
- Imagine Communications Corp. v. Harris Corporation Corp. - secured $24 million arbitration award for purchaser of software business based upon seller’s failure to prepare closing balance sheet in accordance with U.S. GAAP
- successfully recovered purchase price adjustments for multiple buyers of businesses based upon sellers’ failure to prepare closing balance sheets in accordance with U.S. GAAP.
Director and Officer Liability
- defended corporate officers against breach of fiduciary duty claims arising from alleged misrepresentation of the corporation’s financial condition
- represented a special litigation committee of a board of directors evaluating shareholder demands asserting breach of fiduciary duty and corporate waste claims
- represented a nonprofit corporation investigating allegations that its directors and officers breached their fiduciary duties to the corporation
- represented a corporate officer in an environmental investigation conducted by a federal agency.
- defended corporations in federal investigations by the Securities and Exchange Commission
- represented a special litigation committee of a board of directors evaluating shareholder demands asserting insider trading and securities fraud claims
- defended a securities broker in federal investigation by the Securities and Exchange Commission.