Mathilda S. McGee-Tubb

Commercial Litigation

• Representing one of the largest generic drug manufacturers in two breach of contract cases.
• Secured summary judgment and leveraged successful settlement for joint venture fund client in a dispute over ownership rights associated with an $80 million+ hotel property.
• Prevailed at trial on behalf of a major interactive entertainment company against a claim brought by a player who was banned for cheating.
• Obtained dismissal of a complex counterclaim asserting violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) in federal district court.
• Served as second chair at a trial representing a limited liability company in complex commercial litigation in the Delaware Court of Chancery relating to claims concerning contractual interpretation and fiduciary duties.
• Obtained a favorable arbitration award in California in a dispute over an oral joint venture to open and operate a garment manufacturing facility in China.
• Part of a team that obtained complete dismissal of a breach of contract and antitrust complaint in federal district court.

Class Action Defense

• Defeated a motion for class certification and obtained summary judgment on claims brought by a putative class of tenants of a residential realty company asserting violations of the Massachusetts utility submetering laws and the Massachusetts consumer protection act, chapter 93A.
• Obtained voluntary dismissal of a consumer class action involving unsolicited text messages under the Telephone Consumer Protection Act (TCPA).

White Collar Criminal Defense

• Part of a team that achieved the only acquittal of a parent, Amin C. Khoury, in the “Varsity Blues” college admissions cases. Mr. Khoury was found not guilty of all charges following a jury trial.
• Part of a team that resolved a second case on behalf of a charged parent in the Varsity Blues cases.
• Helped to secure dismissal on behalf of a former Saudi intelligence official in a case brought by the kingdom’s sovereign wealth fund and its subsidiaries, alleging our client embezzled billions of dollars.

Trust and Estate Litigation

• Representing a prominent individual in his capacity as trustee of a multi-million dollar family trust in a dispute in Massachusetts Probate Court regarding the interpretation of core trust terms.
• Represented a high-net-worth individual as a beneficiary of a $1b estate in a dispute in Massachusetts Probate Court regarding the proper distribution of assets.

Appellate

• Representing a residential realty trust in a landlord-tenant class action before the U.S. Court of Appeals for the First Circuit.
• Representing a high-profile former Saudi official in a complex dispute before the U.S. Court of Appeals for the First Circuit.
• Representing intervenors in Boston Parent Coalition for Academic Excellence Corp. v. The School Committee of the City of Boston before the U.S. Court of Appeals for the First Circuit.
• Representing a trustee in a trustee removal action currently pending before the Massachusetts Appeals Court.
• Represented a residential realty company in an appeal to the U.S. Court of Appeals for the First Circuit and in the Massachusetts Supreme Judicial Court on a certified question from the First Circuit.
• Represented amici in several cases before the U.S. Court of Appeals for the First Circuit and the United States Supreme Court, including:
  • President and Fellows of Harvard College, et al. v. United States Department of Homeland Security, et al., Case No. 1:20-cv-11283 (D. Mass.), a case challenging interim guidance issued by DHS and ICE during the COVID-19 pandemic that would have prevented international students on F-1 visas from taking online courses while enrolled in a United States academic program.
  • Department of Commerce, et al. v. New York, et al., No. 18-966 (U.S. Sup. Ct.), a case challenging the inclusion of a citizenship question on the decennial census questionnaire.
  • Abigail Noel Fisher v. University of Texas at Austin, et al., No. 14-981 (U.S. Sup. Ct.), a seminal case involving the issue of affirmative action in higher education.