THE LAW OFFICE
OF NICHOLAS J. LOUISA
The Law Office of Nicholas J. Louisa
125 CambridgePark Drive - Suite 301
Cambridge, MA 02140
Phone: (781) 514-5075
Fax: (781) 643-0545
E-mail: nlouisa@louisalaw.com
THE FOLLOWING ARE HIGHLIGHTS OF SOME OF MR. LOUISA'S REPRESENTATIVE EXPERIENCE . . .
BUSINESS LITIGATION
Prosecuted claims for breach of trademark licensing agreements and defense of counterclaims in excess of $10 million on behalf of a multi-billion dollar international apparel company in a federal litigation and a separate arbitration proceeding. Mr. Louisa's responsibilities included: strategizing, researching and drafting all pleadings and motions, drafting and responding to all discovery requests, supervision and management of e-discovery involving over two million pages of documents, preparation of corporate directors, officers, and general counsel for deposition, taking and defending depositions, assisting with oral argument, and handling communications with the client and opposing counsel. The Arbitrator granted, in its entirety, our client's motion for judgment on the pleadings, resulting in all tort and quasi-contract counterclaims, as well as the individual cross-respondents, being dismissed with prejudice.*
Defended a global trading and investment company’s fashion and textile division against fourteen causes of action seeking injunctive relief and damages for alleged violations of intellectual property rights, as well as various breach of contract and tort claims. This representation included successfully defeating the plaintiff’s request for a preliminary injunction and dismissal of all fourteen causes of action in their entirety as a result of a motion to dismiss.*
Defended a company and an individual owner against class-action claims involving alleged violations of the Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. § 501.201, et seq.), breach of contract, breach of implied and express warranties, fraudulent inducement, and negligent misrepresentation. This representation included successfully defeating the entirety of plaintiffs’ claims, as well as being awarded attorneys’ fees and costs, as a result of a motion to dismiss.*
Second-chaired a two-week jury trial in the Business Litigation Session of the Suffolk County Superior Court defending against claims for alleged breach of contract and violations of the Massachusetts Unfair and Deceptive Trade Practices Act (M.G.L. c. 93A) involving over $1 million in dispute.
Defended a prominent Newbury Street real estate brokerage against claims for alleged breach of contract and violations of the Massachusetts Unfair Deceptive Trade Practices Act (M.G.L. c. 93A), the Massachusetts Wage Act, and other Massachusetts labor laws.
Represented a Massachusetts-licensed attorney in connection with third-party discovery and a discovery sanctions order before the Business Litigation Session of the Suffolk County Superior Court and the Massachusetts Appeals Court.
SECURITIES LITIGATION
Defended individuals and former directors and officers of a NYSE-traded corporation engaged in petroleum and mineral exploration and development in an SEC investigation related to alleged finders’ fees, insider trading, and violations of Section 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. This representation included defending the individuals and former directors and officers against a separate suit by the corporation to recover alleged finders’ fees in excess of $30 million pursuant to state securities laws and breach of fiduciary duty theories.*
Defended two Latin American investment companies in an SEC enforcement proceeding related to broker-dealer registration and alleged violations of Section 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.*
Defended directors and officers of a NASDAQ-traded (and subsequently delisted), bankrupt telecommunications infrastructure company against federal class-action securities claims alleging financial misstatements and a bankruptcy adversary proceeding brought by the bankruptcy trustee alleging breach of fiduciary duties and avoidance and recovery of fraudulent transfers pursuant to federal and state law.*
Advised client regarding the formation and structure of a petroleum and mineral exploration and development partnership agreement in order to comply with federal securities law relating to the nature of the partnership interests and broker-dealer registration requirements.*
Defended individuals in an SEC action before the United States District Court for the District of Massachusetts, and in connection with a United States Attorney's Office investigation, regarding alleged violations of Section 5 of the Securities Act of 1933 for the offer or sale of unregistered securities.
REAL ESTATE LITIGATION AND TRANSACTIONS
Primary responsibility for training, management, and daily supervision of a team of attorneys, paralegals, and legal administrative staff responsible for over one hundred residential foreclosure cases for one of the ten largest banks in the United States, including handling all communications with the client and in-house counsel and determining litigation strategy.*
Assisted, in a supervisory capacity, a team of attorneys dedicated to providing a major U.S. bank and loan servicer with compliance support for default services and foreclosure operations for all judicial states nationwide, including communicating and strategizing directly with in-house counsel, ensuring compliance with federal, state, and local laws and procedure, assisting outside counsel in responding to critical discovery requests, and training new team members.*
Represented a local Massachusetts Bank in connection with a trustee process summons issued in an action before the Norfolk County Superior Court.
Represented an individual borrower against one of the largest banks in the United States in connection with a mortgage broker's fraudulent conduct and breach of New York's consumer protection laws.
Drafted and negotiated numerous residential purchase and sale agreements for properties located throughout Massachusetts.
LANDLORD - TENANT DISPUTES
Represented a national eye glass retailer in litigation before the Suffolk County Superior Court involving defense of claims for breach of a commercial lease and prosecution of claims for constructive eviction, breach of the covenant of quiet enjoyment, and breach of contract involving a commercial retail space on Newbury Street in Boston. Our vigorous defense and prosecution of counterclaims resulted in a favorable settlement for our client being reached on the day before trial was scheduled to commence.
Represented tenants in connection with their claims for breach of contract, breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, constructive eviction, and violations of the Massachusetts Unfair and Deceptive Trade Practices Act (M.G.L. c. 93A) against the owner of a luxury apartment building in Needham, MA and the building's national property management company.
CRIMINAL DEFENSE
Mr. Louisa is proud to be a member of Middlesex Defense Attorneys, Inc. and to be certified by the Committee for Public Counsel Services for the Commonwealth of Massachusetts to represent indigent criminal defense clients as a bar advocate in the District Courts of Middlesex County, Massachusetts.
CONTRACT DRAFTING AND NEGOTIATION
Negotiated and drafted a wide variety of legal contracts and agreements, including settlement agreements, employment and separation agreements, confidentiality agreements, real estate documents, purchase and sale agreements, and proffer agreements.
*Representative Experience gained prior to Mr. Louisa establishing his own law practice in September of 2014.