Robert J. Kaler is a national trial and appellate lawyer handling complex commercial litigation, including business, financial, securities, trade secret, intellectual property, technology systems, healthcare, medical devices, fraud, unfair competition, commercial contract, real estate, and major project engineering and construction cases, both national and international. He is ranked in Best Lawyers in America and other prominent legal reviews, including the 2019 Chambers USA – America's Leading Lawyers for Business, which reports that he handles "a variety of commercial disputes, class actions, and IP litigations on behalf of major corporations," is active in "both trial and appellate courts," and is considered "an incredibly smart lawyer." He was named one of the "Top Ten Lawyers" of 2003 by Massachusetts Lawyers Weekly, is a fellow of the Litigation Counsel of America, and is a member of the Diversity Law Institute, which seeks to advance the interests of women and minorities in the legal profession and the justice system.
Mr. Kaler has served as lead counsel for public companies, major banks and financial institutions, government authorities and agencies, and private organizations and individuals in numerous high stakes jury and bench trials, arbitrations and injunction proceedings throughout the United States. In recent years, he successfully represented a leading healthcare organization in federal court litigation in Virginia over the failure of its new enterprise resource planning (ERP) system; obtained federal court injunctions in Massachusetts requiring the operator of a client's 1,200-mile fiber optic telecom network to continue to perform its contract during the pendency of a dispute; successfully defended a medical device manufacturer against $150 million class action securities fraud claims; and defended a major finance leasing company against $55 million fraud and breach of fiduciary duty claims, ultimately obtaining a jury verdict exonerating the company.
Mr. Kaler and his trial teams have also resolved many cases short of trial, which is often the client's goal, through early and effective investigation of the facts, including advanced electronic discovery, innovative settlement initiatives and strategic pretrial motions practice. These efforts are greatly facilitated by the firm's substantial presence in major business and financial centers throughout the country, and its coordinated national litigation practice, which includes industry specific knowledge in a wide range of areas, and experience in handling local, national and international cases at all administrative and appellate levels, as well as in the state and federal trial courts.
In this regard, Mr. Kaler has extensive appellate as well as trial experience, having represented clients in the U.S. Supreme Court, the U.S. Courts of Appeals for the First, Second, Third and Fourth Circuits, the Massachusetts Supreme Judicial Court and the New York State Appellate Division, among others. Examples of significant cases in which he has acted as lead appellate counsel include: Axia NetMedia Corp. v. Mass. Tech. Park Corp., 889 F.3d 1 (1st Cir. 2018); G4S Technology v. Mass. Tech. Park Corp., 479 Mass. 721(Mass. Supreme Judicial Ct. 2018); Cascade Yarns v. Knitting Fever, Inc., 755 F.3d 55 (1st Cir. 2014); In re Boston Scientific Securities Litigation, 686 F.3d 21 (1st Cir. 2012); Idnani v. Mehrotra and Venus Capital Man., Inc., 76 Mass. App. 1125 (2010); Nisselson, Trustee of Dictaphone Litigation Trust v. Jo Lernout, et al., 469 F.3d 143 (1st Cir.), cert. denied, 550 U.S. 918 (2007); Robinson Laboratories, Inc. v. Herley Industries, Inc., 86 Fed. Appx. 459 (2nd Cir. 2003); Cashmere and Camel Hair Manufacturers Inst. v. Saks Fifth Avenue, 284 F. 3d 302(1st Cir.), cert den. 537 U.S. 1001 (2002); Ceska Sporitelna, a.s. v. Unisys Corporation, 116 F.3d 467 (3rd Cir.), cert den. 522 U.S. 1069; Chesapeake Paper Products Co. v. Stone & Webster Engineering Corp., 51 F.3d 1229 (4th Cir.); The pH Group, Ltd. v. David Birch and Cognetics, Inc., 985 F.2d 649 (1st Cir.); CCIA v. Associated Dry Goods Corporation., 799 F.2d 6 (1st Cir.); Idnani, et al., v. Mehrotra and Venus Capital Management, Inc., et al., 76 Mass. App. Ct. 1125, 924 N.E.2d 781 (2010); Tamerlane v. Warwick Insurance Co., 412 Mass. 486, 590 N.E.2d 191.
Mr. Kaler has represented clients in a wide range of industries, including but not limited to financial services and banking, information technology, telecommunications, engineering and construction, healthcare and medical devices, microbiological products, manufacturing, retail sales, real estate, hospitality and international trade. More detailed descriptions of illustrative cases in which he has acted as counsel are listed under the Experience section above. He also spends a significant amount of time each year on pro bono work, most recently advising on and representing disabled applicants for Social Security disability benefits, both administratively and in U.S. District Court.
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