Benjamin M. McGovern is a partner in Holland & Knight's Boston office and a member of the firm's Litigation Section. Mr. McGovern practices in the area of complex business litigation, with particular emphasis in disputes involving corporate or trustee breaches of fiduciary duty, unfair competition, business torts, antitrust violations, intellectual property and consumer debt collection. Mr. McGovern is a trial lawyer with significant experience in all phases of litigation. He frequently represents clients at the trial and appellate level in both federal and state court. He has also represented numerous clients in the negotiated resolution or mediation of complex multiparty disputes.
Prior to joining Holland & Knight, Mr. McGovern served as a judicial clerk for the Honorable Justice Joseph A. Grasso Jr. of the Massachusetts Appeals Court.
While attending law school, Mr. McGovern was elected executive editor of the Boston College Environmental Affairs Law Review, and authored an article that was cited by the Massachusetts Supreme Judicial Court in Commonwealth v. Clemmey, 447 Mass. 121 (2006).
Mr. McGovern's recent representative engagements include:
- served as co-counsel for the Atlantic Coast Conference in lawsuits brought in North Carolina and Maryland arising from a former member's refusal to pay $52 million withdrawal payment upon move to the Big Ten Conference; successfully negotiated favorable settlement through mediation
- defended a national long-term care pharmacy in defense of federal qui tam action alleging claims in excess of $1 billion arising from alleged unlawful promotion of drug; successfully obtained dismissal of all claims in the U.S. District Court for the District of Massachusetts
- represented a trustee in breach of fiduciary duty action alleging claims in excess of $100 million in damage to family trust; served as a member of trial team in bench trial before Delaware Court of Chancery and subsequent appeal to Delaware Supreme Court
- represented a global instrument company in action against a competitor in the pressure gauge instrumentation industry alleging competing claims for false advertising; served as co-lead trial counsel in jury trial in U.S. District Court for the Northern District of Georgia and successfully negotiated favorable post-trial settlement
- represented a global logistics and express delivery company in a personal injury action related to the movement of cargo containers at Boston Logan International Airport; served as a member of trial team that obtained complete defense verdict at trial in U.S. District Court for the District of Massachusetts
- represented a regional network of automobile dealerships in action against a competitor involving claims for unfair competition and solicitation of employees; served as lead trial counsel in a bench trial before Business Litigation Session in Massachusetts Suffolk Superior Court resulting in denial of a competitor's request to enjoin continued employment of three employees
- represented a national trade association in an antitrust lawsuit alleging industry-wide conspiracy to suppress innovation in market for polystyrene recycling; successfully obtained summary judgment dismissing all claims in the U.S. District Court for the District of Massachusetts and affirmance of that ruling in U.S. Court of Appeals for the First Circuit
- represented a national debt collection company in numerous putative class actions alleging Fair Debt Collection Practices Act (FDCPA) violations, as well as appeal raising issues of first impression regarding licensure for passive debt collectors in Commonwealth of Massachusetts