Boston litigation Partner Neil McGaraghan focuses his practice on complex dispute resolution in federal and state courts, administrative proceedings, arbitration, and other alternative dispute resolution proceedings. Mr. McGaraghan has extensive experience representing both plaintiffs and defendants in high stakes litigation against private parties as well as the Department of Justice. His clients are public and private companies, financial institutions, state agencies, charities and individuals who rely on him for sound advice and effective advocacy in a wide variety of legal challenges.

Mr. McGaraghan’s commercial practice includes the financial services sector, consumer fraud class actions, trademark and trade secret enforcement, partnership dissolution battles, and complex commercial distribution and licensing agreements. In addition to his commercial litigation practice, Mr. McGaraghan represents individuals and institutions in will contests and trust administration disputes in the probate court and in a pre-litigation advisory capacity.

REPRESENTATIVE MATTERS

  • Successfully defended broker-dealer in FINRA arbitration covering 64 hearing days resulting in panel absolving client of liability for $110 million of investment losses and associated interest
  • Successfully defended broker-dealer in FINRA arbitration, securing complete dismissal of all claims for investment losses incurred by former institutional customer
  • Obtained a unanimous panel decision rejecting opponent’s claim for $100 million and rescission of partnership buy-out agreement after a two-week arbitration
  • Won damages award for winemaker against former label supplier after two-week jury trial
  • Defended lawyer in five-day trial of charges brought by the Office of Bar Counsel of the Board of Bar Overseers
  • Represented broker-dealer in a multi-agency investigation and related enforcement actions being pursued by the Department of Justice, the SEC, FINRA, and state securities regulators
  • Represented charitable organizations in probate contest brought by family members excluded from a decedent’s will
  • Successfully defended public transportation authority in losing bidder’s challenge to award of $5 billion rail services procurement contract
  • Successfully defended public transportation authority against claims of alleged fraud and official favoritism in the award of $600 million rail car procurement contract
  • Served as lead counsel for Fortune Top 100 client in federal investigation of alleged honest services fraud, resulting in no indictment of client or its executives
  • Won summary judgment in defense of a $20 million claim for trademark infringement
  • Won dismissal of complex constitutional claims asserted against transportation authority in a putative class action lawsuit
  • Successfully argued to the Supreme Judicial Court a case of first impression establishing an inmate’s religious free exercise rights under the Massachusetts Declaration of Rights
  • Won release of several men wrongfully imprisoned at the United States Naval Station at Guantanamo Bay, Cuba
  • Represented African-American Boston police officers in civil rights challenge to Boston Police Department’s drug testing policy

PREVIOUS EXPERIENCE

  • Morgan, Lewis & Bockius LLP, Partner
  • Bingham McCutchen LLP, Partner

HONORS AND AWARDS

  • Boston Bar Association President’s Award
  • Southern Center for Human Rights – Human Rights Award
  • Super Lawyers, Massachusetts Rising Star

PRO BONO AND COMMUNITY INVOLVEMENT

  • Represented twelve men wrongfully imprisoned at Guantanamo Bay
  • ACLU of Massachusetts cooperating attorney
  • Haley House Boston – active volunteer, supporter and organizer

MEMBERSHIPS AND AFFILIATIONS

  • Boston Bar Association
  • Massachusetts Bar Association

PUBLICATIONS AND SPEECHES

  • Guest Speaker, 2006 Brown University Commencement Forum, Who is at Guantanamo?
  • Lecturer, MCLE, Civil Motion Practice (2006 – 2013)
  • Guest Lecturer, Harvard’s Kennedy School of Government, Torture and the Rule of Law (Feb. 2011 and 2012)
  • Panelist, Boston Bar Association, Litigating in the Massachusetts Securities Division (2012)
  • LexisNexis Practice Guide: 2012 Mass. Civil Trial Practice, ch. 10, Amended and Supplemental Pleadings
  • LexisNexis Practice Guide: 2014 Mass. Civil Trial Practice, ch. 6, Common Evidentiary Issues

 

Education

  • U.C. Hastings College of the Law, J.D., 1999
    magna cum laude
  • Brown University, A.B., 1991

Clerkship

U.S. District Court, N.D. Cal.,
The Honorable William W. Schwarzer

Practice Areas

Litigation

Admissions

California

Massachusetts

U.S. Supreme Court

U.S. Court of Appeals for the 1st Circuit

U.S. Court of Appeals for the 2nd Circuit

U.S. Court of Appeals for the 9th Circuit

U.S. Court of Appeals for 10th Circuit

U.S. Court of Appeals for the D.C. Circuit