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Clare Prober

(they/them)

Associate

[email protected]

+1.617.348.4847

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Clare practices in the firm’s litigation section. Their practice encompasses a wide range of complex commercial litigation, including matters involving contract disputes, data privacy matters, health care, insurance coverage disputes, and construction law matters. Clare advises clients across a variety of industries, including life sciences, health care, real estate, and financial services. They also defend clients facing government investigations and whistleblower complaints regarding alleged violations of the False Claims Act, the Anti-Kickback Statute, the Stark Law, and other similar state laws.

Clare is also involved with the Construction Litigation practice group, working 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. They have extensive knowledge of the benefits and setbacks of Integrated Project Delivery. Clare is also involved with the Appellate practice group and has specifically focused their work on methods of appealing interlocutory orders in federal court.

Clare also maintains a robust pro bono practice assisting clients seeking Asylum in the United States. Most recently, Clare drafted two Ninth Circuit amicus briefs (M.D.C.V. v. Barr and Ortiz v. Garland) on behalf of a number of leading immigration organizations. Clare also has successfully extricated multiple clients in ICE custody, and is engaged in the firm’s work with the Lawyer’s Clearinghouse CORI clinic, counseling clients and assisting them with sealing and expunging their criminal records.

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, they 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. Clare 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 was a Summer Associate at Mintz in 2018.

Clare is fluent in Russian.

viewpoints

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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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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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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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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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.
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Events & Speaking

Moderator
Apr
19
2024

Preserving the Attorney-Client Privilege: Best Practices & Future Trends

6th Annual All Day MCLE La-LAW-palooza

San Diego, CA

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Recognition & Awards

  • Martin Melia Jr. Award (2019)

  • Best Brief, Legal Practice Skills Section Competition (2017)

  • Suffolk Jurisprudence Award, Contracts (2017)

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Involvement

  • Norfolk County Delegate, Mass Bar Association Young Lawyers Division Board of Directors
  • Young Lawyers Division's Access to Justice Liaison, Mass Bar Association
  • Committee Member, Mass Bar Association Young Lawyers Division, Diversity and Inclusion Committee
  • Committee Member, Mass Bar Association Young Lawyers Division, Education Committee
  • Massachusetts Bar Association Leadership Academy Fellow (2023-2024)
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