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Clare Prober


[email protected]



Clare practices in the firm’s litigation section and has experience in complex commercial litigation, including matters involving contract disputes, data privacy matters, insurance coverage disputes, construction law matters, and force majeure issues. She advises clients across a variety of industries, including life sciences, health care, real estate, and financial services. On behalf of her clients she has experience drafting discovery requests, conducting legal research, drafting memoranda, and conducting confidential document review for production. Clare was a Summer Associate at Mintz in 2018.

Clare is also very involved in the firm’s pro bono practice. As part of the practice, she has successfully extricated multiple clients in ICE custody, and is engaged in the firm’s work with the Lawyer’s Clearinghouse CORI clinic, where she counsels clients and assists them with sealing and expunging their criminal records.

Clare is deeply involved with the Construction Litigation practice group, where she works with clients in the public and private sectors on a range of construction related issues including contract drafting, change order disputes, terminations, and delay claims. As part of her involvement with the group, she has extensive knowledge of the benefits and setbacks of Integrated Project Delivery. Clare is also very involved with the Appellate practice group and has specifically focused on methods of appealing interlocutory orders in federal court.

While attending law school, Clare was a judicial intern to the Honorable Kimberly S. Budd, Associate Justice of the Massachusetts Supreme Judicial Court. In law school, Clare served as senior managing editor of the Suffolk University Law Review, a teaching assistant for the first year contracts course, and a research assistant to Professor Jeffrey Lipshaw, who teaches courses in contract and business law. She received several scholarships, including the Academic Leadership Scholarship, Carol DiMaiti Scholarship, and Trustee Academic Scholarship. Clare was also secretary of the Women’s Law Association and a member of the Student Bar Association.

Before law school, Clare held two summer internships with a Massachusetts law firm specializing in juvenile and family law.

Clare is fluent in Russian.


  • Suffolk University Law School (JD, summa cum laude)
  • Wheaton College (BA, magna cum laude)

Recognition & Awards

  • Martin Melia Jr. Award (2019)
  • Best Brief, Legal Practice Skills Section Competition (2017)
  • Suffolk Jurisprudence Award, Contracts (2017)


- Russian

Recent Insights

News & Press


Pro Bono Viewpoint
Mintz attorneys Adam Korn, Clare Prober, Jason Far-hadian, Meena Seralathan, Arameh O’Boyle, and Nada Shamonki provided pro bono legal services to help immigrants affected by the “return to Mexico” policy introduced by the Trump administration.
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"Fuss" Majeure: Lessons from the Early Outbreak of Covid v. Contract Cases

April 24, 2020 | Blog | By Peter Biagetti, Clare Prober, Aaron Fenton

As America enters its second month of social distancing and travel restrictions, COVID-19-related lawsuits have begun to spread, with parties variously portraying the pandemic to suit their respective positions, dissecting the often clumsy prose of Force Majeure clauses or, absent such provisions, dusting off common-law doctrines of impossibility, impracticability, and frustration of purpose to excuse contractual performance.
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What the COVID-19 Pandemic Means for Force Majeure Provisions

March 13, 2020 | Alert | By Samuel M. Tony Starr, Kaitlyn C. Leonard, Clare Prober

Read about what the World Health Organization’s declaration that COVID-19 is a pandemic means for force majeure provisions in contracts.
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What You Need to Know about Force Majeure in Light of the Coronavirus

March 10, 2020 | Alert | By Samuel M. Tony Starr, Kaitlyn C. Leonard, Clare Prober

With the outbreak of coronavirus disease 2019 (“COVID-19”), the disease caused by the novel coronavirus (“SARS-CoV-2”), companies across various industries are taking precautions, some of which already have, and inevitably will result in nonperformance of their contracts.
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Health Care Enforcement Year-in-Review and 2020 Outlook: Civil Fraud Enforcement Developments and Trends

January 21, 2020 | Blog | By Brian Dunphy, Laurence Freedman, Karen Lovitch, Nicole Henry, Clare Prober

As discussed in our article recently published by Law360, 2019 brought yet another year of robust health care enforcement activity, and the False Claims Act (FCA) remains the government’s most powerful civil health care enforcement tool.  This post will give an overview of our article, which covers these issues and more in great detail.
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News & Press

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Kim V. Marrkand, Mintz Member and Founder and Co-Chair of the firm’s Insurance Practice, authored an article published in April 2021 by the Tort, Trial & Insurance Practice Law Journal, a publication of the American Bar Association’s Tort Trial and Insurance Practice Section, that examined Section 12 of the American Law Institute’s Restatement of the Law, Liability Insurance, titled “Liability of Insurer for Conduct of Defense”, wherein Ms. Marrkand shows that Section 12 “invents wholly new rules and a cause of action without either the support of existing case law or compelling policy rationale.” Mintz Associates Mathilda McGee-Tubb and Clare Prober provided significant contributions to the article.
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An article published by E&E News included commentary from Mintz Member Peter Biagetti and Associate Clare Prober on contract forgiveness on the basis of force majeure during the COVID-19 public health crisis. The article also cited a Mintz Viewpoint on the topic co-authored by Mr. Biagetti, Ms. Prober, and Associate Aaron Fenton.
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Mintz Member Peter Biagetti and Associates Clare Prober and Aaron Fenton co-authored a Law360 expert analysis article that examined five early COVID-19-related lawsuits involving force majeure and related provisions.