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Laurence A. Schoen

Member

[email protected]

+1.617.348.1764

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Larry specializes in complex financial litigation, with a particular focus on antitrust matters, class action defense, contract disputes, accounting and actuarial liability, trade secret, insurance, and health care cases. He has represented large and small companies and financial institutions in trial courts, appellate courts, and arbitration proceedings across the United States. Larry has particular experience with damages issues, including antitrust damages, lost profits, and reasonable royalties, and has a successful track record of excluding or limiting the testimony of damages experts.

Larry also has experience representing issuers in disputes relating to EB-5 transactions and that span the entire life cycle of an EB-5 offering.  He has successfully navigated EB-5 clients through crises ranging from cyber-attacks to disputes with consultants.

Larry is active in pro bono matters, and was part of the team that was recently honored with the Adams Award for pro bono efforts dedicated to Hurricane Katrina relief.

Prior to joining Mintz Levin, Larry served as a judicial clerk for the Honorable William G. Young of the US District Court for the District of Massachusetts. During law school, he was an editor of the Harvard Law Review.

Education

  • Harvard Law School (JD, magna cum laude)
  • University of Pennsylvania (BS, Accounting, summa cum laude)
  • University of Pennsylvania (BA, Political Science, summa cum laude)

Experience

  • Co-lead counsel for pharmaceutical company defendant in the Nexium antitrust MDL litigation, the first alleged “pay-for-delay” case to go to trial since the Supreme Court’s 2013 decision in FTC v. Actavis. Cross-examination of key “reverse payment” expert resulted in the court striking the expert’s testimony after he left the stand, and paved the way for a favorable settlement for Larry’s client shortly before the close of the evidence.
  • Currently represents two other pharmaceutical company defendants in antitrust “delay” cases in federal court in D. Mass.
  • Defended parts supplier in the damages phase of a case in which the plaintiff medical device company sought over $100 million in lost profit damages. Briefed and argued a successful Daubert motion that resulted in the exclusion from evidence of a substantial portion of the opinions of plaintiffs’ damages expert, causing the plaintiff to withdraw its lost profits claim on the eve of trial.
  • Helped lead the team that represented Shari Redstone in litigation in the Delaware Court of Chancery concerning the corporate governance of Viacom, Inc. and related litigation in Massachusetts Probate Court. Played a key role in the negotiation of the global settlement that has been described in the press as a complete victory for Shari Redstone and her father Sumner Redstone.
  • Defended a national television network in a highly publicized contract and antitrust lawsuit brought by local television affiliate seeking injunctive relief to compel the renewal of its network affiliation; prevailed on a Rule 12(b)(6) motion which resulted in the Court dismissing the case in its entirety.
  • Represented an international corporation and its subsidiaries in a dispute with a major financial institution concerning illiquid auction rate securities and collateralized debt obligations that were purchased in the client’s corporate cash accounts. Our efforts resulted in a settlement by which the client received a cash payment of $100 million.
  • Defended a national public accounting firm in a malpractice action involving the audit of an insurance company that was subsequently declared insolvent. The plaintiff, the Massachusetts Commissioner of Insurance, sought in excess of $50 million in damages under a “deepening insolvency” theory. Successfully obtained partial summary judgments that knocked out 90% of the damages claimed by the plaintiff. See Bowler v. Arthur Andersen, 2005 WL 2402875 (Mass. Super. Ct. 2005).
  • Defended an integrated circuit maker in a patent infringement lawsuit and in asserting Lanham Act counterclaims.
  • Served as second chair during a six-week trial before the Court of Federal Claims in Washington, DC, in which we won a verdict for our client of $8.8 million from the US Department of Housing and Urban Development, the first time that the federal government was ever ordered to pay lost profits damages in a contract dispute involving a new venture. See Energy Capital Partners v. United States, 47 Fed. Cl. 382, affirmed 302 F.2d 1314.
  • In a first-of-its-kind privacy class action lawsuit brought in New York seeking $100 million in damages, Larry was part of the team that won a trial verdict dismissing all claims against his client, a Fortune 100 company. See Anonymous v. Hinderstein, et al., (NY Sup. Ct. Index No. 604804/99 (2004).
  • Handled a variety of complex arbitration proceedings, including royalty disputes, EB-5 litigation, indemnification claims, and clean-tech matters.

Recognition & Awards

  • Included on the Massachusetts Super Lawyers: Business Litigation list (2016 – 2018)
  • Adams Pro Bono Publico Award (2011)
  • Phi Beta Kappa
  • Beta Gamma Sigma

Involvement

  • Chair, Complex Commercial Litigation Section of the Massachusetts Bar Association (2016 – 2018)
  • Member, Fellows of the American Bar Foundation
  • Professional Advisory Board Member, Melanoma Education Foundation
  • President, Exxcel Gymnastics Parents Association

Recent Insights

News & Press

Events

Viewpoints

In a noteworthy recent decision addressing the parameters of damages in commercial litigation, the Massachusetts Supreme Judicial Court (SJC) affirmed an order excluding expert testimony concerning future lost profits damages relating to “yet-to-be conceived future products.”

News & Press

Mintz secured United States Citizenship and Immigration Services’ approval for Peak Resorts, Inc.’s application for the company’s proposed Great North Regional Center.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 
Mintz Members Doug Hauer, Adam Sisitsky, and Larry Schoen authored this EB-5 Regional Center Business Journal column. The authors note with increased scrutiny of the program, they expect increased attention to securities compliance and litigation risk mitigation throughout the EB-5 industry.
This MCLE Business Litigation Annual Conference article discusses some key appellate cases in Massachusetts and their potential implications. Mintz Member Larry Schoen authored the piece.
Laurence Schoen, a Mintz Member and an experienced litigator in complex financial and antitrust matters, authored this American Bar Association Section of Litigation, Massachusetts Chapter article providing a survey of class action lawsuits filed in Massachusetts from 2007-2016.

Events

Co-chair
May
10
2018

Third Annual Complex Commercial Litigation Conference

Massachusetts Bar Association

Hyatt Regency Boston 1 Avenue de Lafayette Boston, MA

Moderator
Feb
9
2018

17th Annual Business Litigation Conference 2018

MCLE

MCLE Conference Center, 10 Winter Place, Boston, MA

Speaker
Apr
27
2017

Working with Expert Witnesses

American Bar Association

Speaker
Mar
3
2017

Pharmaceutical Antitrust Litigation Conference: Generic Drugs & Emerging Price-Fixing

HarrisMartin

The Westin Philadelphia, 99 South 17th Street at Liberty Place, Philadelphia, PA

Moderator
Apr
14
2016

Inaugural Complex Commercial Litigation Conference

Massachusetts Bar Association

Hyatt Regency, 1 Avenue de Lafayette, Boston, MA

Panelist
Apr
16
2015

Spring Breakfast Program

New England Legal Foundation

Boston, MA