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Joel D. Rothman

Special Counsel

[email protected]

+1.617.348.4495

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Joel practices as Special Counsel at Mintz in the Litigation Section, with a particular focus on litigation that creates recovery opportunities for institutional investors, as well as real estate litigation and insurance matters. As a key member of the Institutional Class Action Recovery Practice, Joel advises institutional investors with respect to the monitoring and evaluation of both foreign and domestic securities and antitrust class actions, and has helped collect over $8 billion for institutional clients. He has represented various clients in evaluating whether to opt out of or object to class settlements throughout the world. Joel, along with the rest of the Institutional Class Action Recovery Practice, represents mutual funds, institutional investors, public pension funds, trusts, investment advisors, and individuals as claimants in thousands of cases, both foreign and domestic, handling approximately 350 cases concurrently, with up to several million dollars in recoveries per week.  

A well-rounded attorney, in addition to his work with institutional investors, Joel has an active real estate litigation practice, representing developers, property owners, and financing agencies, particularly with respect to land use litigation and permitting disputes. Joel has expertise in real estate disputes involving municipal zoning board hearings and decisions, zoning appeals, and Chapter 40B affordable housing issues. A seasoned litigator, he advises clients at all stages of civil litigation, from pre-litigation counseling and investigation through discovery, alternative dispute resolution, trial, and the appeals process.

Joel also has extensive experience representing primary and excess insurers and reinsurers in complex coverage disputes arising under representations and warranties and commercial general liability policies.

Before joining the firm, Joel held a clerkship position with the Massachusetts Supreme Judicial Court, serving under, the late Chief Justice Ralph D. Gants. He has also held internship positions in the litigation sections of law firms in Boston, and in the Insurance and Financial Services Division of the Massachusetts Attorney General’s Office.

Experience

Institutional Investor Class Action Recovery

  • Represented institutional investors in monitoring and/or participating in virtually all U.S. securities class actions, regulatory settlements, and other investor class actions.
  • Represented institutional investors in monitoring and/or participating as opt-out claimants or parties in antitrust and securities class actions involving interest rate and currency manipulation claims.
  • Represented mutual funds and other institutional investors in evaluating and participating in global recovery opportunities, including securities and antitrust cases in Australia, Brazil, Canada, China, England, Denmark, Germany, Italy, Japan, the Netherlands, South Africa and Taiwan.

Real Estate

  • Obtained dismissal of lawsuit brought by a municipality challenging a funding agency’s determination of eligibility for a Comprehensive Permit.
  • Successfully appealed to the DHCD a municipality’s determination that it had achieved an affordable housing statutory minimum.
  • Represented clients in front of local zoning boards in Massachusetts land zone proceedings.

Insurance

  • Defended an insurer against claims that it converted subrogation claims, obtaining summary judgment from the US District Court for the District of Oregon.
  • Represented clients in evaluating coverage disputes under representation and warranties and general commercial liability policies.
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viewpoints

In LBP Holdings Ltd. v Hycroft Mining Corporation, the Ontario Superior Court of Justice denied the plaintiff’s motion to certify a class action in common law negligence and negligent misrepresentation against the underwriters involved in a Canadian public offering.
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On Tuesday, February 6, 2018, United States District Judge Jed S. Rakoff denied class counsel’s request to file under seal three supplemental agreements to a $2.95 billion settlement in the Petrobras Securities Litigation, and made the side agreements part of the public record.
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First there was Libor.  Next came credit default swaps and foreign exchange.  Now, highlighted by the over $2 billion settlement reached in the Foreign Exchange Antitrust Litigation, plaintiffs are pursuing a number of additional antitrust class actions against financial institutions alleging anti-competitive behavior in a number of markets affecting institutional investors.
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On December 5, 2017, the Massachusetts Appeals Court issued an important decision in Berger v. 2 Wyndcliff, LLC, No. 16-P-336 (Mass. App. Ct. Dec. 5, 2017), clarifying the extent to which land owners in a common-scheme development may extend restrictive covenants.
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LendingClub is facing two parallel securities litigation cases stemming from alleged false statements it made in connection with its initial public offering ("IPO"). 
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Recently, in Melbourne City Investments Pty Ltd v. Treasury Wine Estates Limited (“Treasury Wine”), the Full Court of the Federal Court of Australia considered a primary judge’s class closure order which broke new ground in group action practice in Australia. 
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The U.S. Supreme Court's 2017 term begins October 2nd and we will be tracking at least three cases relevant to institutional investors.
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In a 5-4 decision, issued during the final week of the its term, the U.S. Supreme Court held that the filing of a class action does not toll the three-year period provided for in Section 13 of the Securities Act of 1933.
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We have been following defendants’ motions to dismiss in the In re Lending Club Securities Litigation class action, No 3:16-cv-02627-WHA, in the United States District Court for the Northern District of California (“the Lending Club Litigation”).
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On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed in part and reversed in part an earlier decision from the U.S. Court of Federal Claims, which had held that aspects of the Government’s bailout of AIG constituted an illegal exaction.
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News & Press

This Law360 Expert Analysis column, authored by Mintz Member Peter Saparoff and Associate Joel Rothman, discusses several recent developments which highlight why foreign securities litigation is an ever-changing scenario where nothing is definite.
Mintz is proud to be recognized by JD Supra in its 2018 Reader’s Choice awards. The annual program highlights the most widely read authors and articles throughout the past year. Five Mintz attorneys were named JD Supra Top Authors in four different industries.
Mintz Members Peter Saparoff and Adam Sisitsky, and Associate Joel Rothman co-authored the book Business Torts in Massachusetts, which provides a comprehensive and practical guide for business counsel and litigators on the wide range of "business torts" actions.
This article, co-authored by Mintz Litigation Member Joel Rothman and attorney Angela Dilenno, discusses the U.S. Supreme Court’s hearing of a case dealing with a relatively straightforward issue in the generally complex world of securities litigation.
Peter Saparoff, Co-chair of Mintz’s Securities Litigation Practice, and Joel Rothman, Mintz Boston Associate, authored this American Bar Association article discussing whether securities antitrust cases will incite an increase in objections because of the complexity of their distribution plans.
Members Peter Saparoff and Robert Kidwell and Associates Joel Rothman and Kevin Mortimer authored this ABA’s Section of Litigation column on the trend of plaintiff investors filing a growing number of class action cases against financial institutions alleging violations of U.S. antitrust laws.
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Involvement

  • Former Member, Board of Trustees & General Counsel, Infant Toddler Children’s Center in Acton, Massachusetts
  • Former Member, Board of Trustees, Concord Children's Center in Concord, Massachusetts
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