Melissa represents clients in a range of health, science and technology sectors, including agribusiness, life sciences, biotechnology, pharmaceutical and medical devices. She also handles cases involving complex litigation, business disputes and intellectual property. In addition to litigation matters, she has represented clients in International Trade Commission investigations, mediation and arbitration. 

Melissa serves as a counselor for clients who seek to resolve disputes without incurring the costs of litigation. She has negotiated a variety of business and employment agreements and intellectual property licenses. She frequently works with international clients, managing cross-cultural communications and navigating applicable regulatory frameworks. Among her clients are companies from Japan, Germany, Taiwan, the Netherlands and France. 

Whether a client’s goals can be achieved through litigation, negotiated resolution or a strategic combination of both, Melissa is dedicated to helping her clients reach them. She brings a keen eye to finding practical solutions, and her extraordinary drive and determination led a federal court to describe her efforts to admit a critical piece of evidence despite fierce opposition “Herculean.”

Melissa has been honored by, among others, Massachusetts Super Lawyers, The National Law Journal, Massachusetts Lawyers Weekly and Boston University. As an alumna, she is actively involved with Northwestern University, serving on its Leadership Circle for the Boston region and working with the NU for Life program, which is dedicated to the professional development of student athletes. Melissa also serves as the Chairperson of MLPB’s (formerly Medical-Legal Partnership│Boston) Advisory Board and has provided pro bono services for MLPB for more than 15 years. Melissa is the secretary of the board of directors for the Foundation for Belmont Education.  In addition, during Melissa’s three-year term as president of the board of Hosteling International’s Eastern New England Council, the Boston Hostel (a LEED-certified, $42 million and 486-bed facility) was completed, preserving it as a National Register of Historic Places building. 


Representative Matters

Defended major university in class action filed against its medical school related to practices of the anatomical gift program. Following removal of the case to federal court under the Class Action Fairness Act, secured dismissal of entire action based on a novel application of the immunity provision contained in the Massachusetts Anatomical Gift Act. Dismissal upheld by the First Circuit.

Defended Japanese medical device manufacturer and its American distributor against patent infringement claims related to osteoarthritis treatment. Obtained complete defense verdict, with jury finding that client’s product did not infringe and the patent was invalid. 

Defended Taiwanese smartphone manufacturer in International Trade Commission investigation involving 23 distinct smartphone and tablet products with nine asserted patents. The administrative law court that tried the case characterized it as one of the most complicated patent cases it had ever seen. The investigation was resolved as part of a global settlement. 

Prosecuted multimillion-dollar claim by dialysis services provider under Medicare/Medicaid law, resulting in settlement with four insurance providers and the Puerto Rico government. 

Represented technology startup in negotiations to enforce noncompetition clauses. After protracted negotiations with the former employee and former consultants, secured settlement that resulted in significant payments to client to divest of technology it no longer considered of primary importance. 

Represented Japanese medical device manufacturer in negotiations with former collaborator related to patent assignments and royalty rights. Successfully negotiated a favorable resolution that ensured client had freedom to operate. 

Publications

Delaware Chancery Court Provides Guidance on Prior Material Breach and Set-Offs, JD Supra, November 13, 2018.

Massachusetts Supreme Judicial Court Rules Universities May Have Limited Liability When a Student Commits Suicide, JD Supra, May 10, 2018.

Concerted Actions With Sister Company in Finland Result in Delaware Jurisdiction, AIPLA Newsstand, August 5, 2016. 

Attorneys’ Fee Award Cannot Be Enhanced to Deter Misconduct, General Counsel News, February 27, 2016.

There is More Than One Way to Slice the Apportionment Analysis, IP Frontline, January 29, 2016.

A Primer on Patent Damages: Carnegie Mellon University v. Marvell Technology Group, Ltd., et. al., National Law Review, September 30, 2015.

Post-Nautilus, Post-Interval: Indefiniteness in November, Law360, December 4, 2014.

Bosch May Pave the Way for Lower Litigation Costs, Law360, July 10, 2013.