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REPRESENTATIVE EXPERIENCE

Thomas F. Holt, Jr.

Counsel for global EPC contractor in a multi-billion dollar construction arbitration involving one of the largest refineries in South America. The dispute in currently pending before the International Chamber of Commerce

Rhode Island Economic Development Corporation v. Wells Fargo Securities, LLC, et al., Providence County Superior Court, Civil Action No. PB12-5616. Lead trial counsel for defendant, Wells Fargo, in litigation arising out of the 38 Studios matter.

Axcelis Technologies, Inc. v. Applied Materials, Inc.; United States District Court for the District of Massachusetts, Civil Action No. 01-10029-DPW.  Lead trial counsel for plaintiff in patent infringement suit for a patent covering an ion accelerator using alternating electric fields to accelerate ions for implantation into a semiconductor to form specified integrated circuits.  After two week jury trial and entry of judgment, case settled on terms favorable to K&L Gates’ client.

BASF Corporation and BASF Bioresearch Corporation v. Smith Hinchman & Grylls Associates, Inc.; United States District Court for the District Court of Massachusetts, Civil Action No. 96-40022.  Lead trial counsel on behalf of BASF in a $16 million claim against a national architectural and engineering firm arising out of a dispute over the design of BASF’s global biotechnology center. A settlement favorable to K&L Gates’ client was ultimately reached less than five months after the complaint was filed.

Boston Edison/NSTAR representation. Served as primary outside counsel to Boston’s largest public utility for more than 10 years in connection with all land takings occasioned by the Central Artery/Third Harbor Tunnel, the so-called “Big Dig” project. Negotiated over $100 million in settlements on behalf of Boston Edison/NSTAR, as well as a myriad of related construction, development and mitigation agreements.

Colonial Pipeline Company, et al. v. Driggs Corporation, et al.; United States District Court for the Eastern District of Virginia, Civil Action No. 96-1700-A. Lead trial counsel for the defense in an oil pipeline explosion.  At the conclusion of plaintiff’s case before a jury, the Court entered a directed verdict on behalf of K&L Gates’ client, Driggs Corporation.

Commonwealth of Massachusetts, et al. v. Bechtel Corporation, et al.; Suffolk Superior Court, Civil Action No. 06-4933-BLS. Lead counsel on behalf of the Massachusetts Turnpike Authority against the construction manager, design consultants and contractors in a case arising out of the collapse of the I-90 Tunnel, part of the “Big Dig” project in Boston.

Conservation Law Foundation, Inc. v. Boston Air Pollution Control Commission, et al. and Fitz-Inn Auto Parks, Inc.; United States District Court for the District of Massachusetts, Civil Action No. 96-11121-RGS. Lead trial counsel on behalf of defendants in connection with an action to rescind permits for multimillion dollar development in Boston.

Conservation Law Foundation v. Federal Highway Admin., et al.; United States District Court for the District of Rhode Island, Civil Action Nos. 92-538B, 92-677B. Lead trial counsel/Special Assistant Attorney General representing the State of Rhode Island in challenge to federal funding of U.S. highway projects.  After trial, judgment entered in favor of K&L Gates’ client.

Dedham Water Company v. Cumberland Farms Dairy, Inc.; United States District Court for the District of Massachusetts, Civil Action No. 82-3155-S. Lead trial counsel for plaintiff in the first private cost recovery action tried under Section 107 of CERCLA.

Eaton Corporation v. Nippon Pillar Packing Co., Ltd.; Arbitration No. 97-08 Tokyo. Represented a Fortune 200 company in an arbitration arising from a licensing dispute before the American Arbitration Association and Japan Commercial Arbitration Association. Successfully settled arbitration for claimant, Eaton Corporation.

Extell Boston Harbor, LLC, et al. v. MA Russia Wharf, LLC, et al.; Suffolk Superior Court, Civil Action No. 06-5358D. Lead counsel on behalf of developer of Boston InterContinental Hotel in property dispute with abutter, Equity Office.  Secured preliminary injunction and financial settlement favorable to Extell.

Extell Boston Harbor, LLC v. City of Boston Board of Appeal, et al.; Suffolk Superior Court, Civil Action No. 04-3340. Lead counsel in appeal of grant of zoning relief to Equity Office relating to development of approximately 400,000 square foot mixed use commercial development on the Boston waterfront.  Ultimately settled on terms favorable to K&L Gates’ client.

Frontage Development Corp. v. City of Boston; Suffolk Superior Court, Civil Action No. 98-0629. Lead trial counsel on behalf of City of Boston in eminent domain taking.  Secured verdict favorable to K&L Gates’ client at conclusion of jury trial.

Integrated Gas Systems, Inc. v. Marshall Contractors, Inc., et al.; United States District Court for the Western District of Texas, Civil Action No. 94CA-553-JN. Trial counsel for Marshall Contractors, Inc. in connection with multi-million dollar breach of contract claim arising out of the construction of a chip manufacturing facility at the University of Texas. Defense verdict returned after 10 day jury trial.

International Code Council, Inc. v. National Fire Protection Association, Inc.; United States District Court for the Eastern District of Virginia, Civil Action No. 99-395-A. Lead trial counsel for National Fire Protection Association in a trademark dispute. Secured dismissal of case on behalf of K&L Gates’ client.

International Code Council, Inc. v. National Fire Protection Association, Inc.; United States District Court for the Northern District of Illinois; Civil Action No. 02-5610. Lead trial counsel in copyright infringement suit involving copyrights covering a building code for the as-built environment. Secured dismissal of case and payment of fees and costs by the plaintiff to K&L Gates’ client.

Massachusetts-American Water Co. v. Grafton Water District; Worcester Superior Court, Civil Action No 91-P-1204. Lead trial counsel on behalf of the nation’s largest investor-owned water utility that resulted in a jury award of six times the pro tanto amount originally paid by the taking authority.  

National Fire Protection Association, Inc. v. International Code Council, et al.; United States District Court for the District of Massachusetts, Civil Action No. 03-10848-DPW. Represented the National Fire Protection Association in connection with a competitor’s various violations of the Lanham Act as well as false advertising issues. Secured judgment on primary infringement claim on behalf of K&L Gates’ client.

Nortel Networks, Inc. and Nortel Networks Ltd. v. Foundry Networks, Inc.; United States District Court for the District of Massachusetts, Civil Action No. 01-10442-DPW. Represented Foundry in patent infringement suit involving six patents covering switcher and router technology used to forward data over networks. Assisted in favorably settling the case during the course of a three week jury trial on the merits.

Linda Rezendes-Walsh v. City of Boston; Suffolk Superior Court, Civil Action No. 95‑3707-E. Lead trial counsel on behalf of City of Boston in eminent domain case. Secured defense verdict at conclusion of jury trial.

Riverbank, Inc. v. River Bank; United States District Court for the District of Massachusetts, Civil Action No. 1:07-Cv-12354. Lead Counsel on behalf of defendant River Bank in trademark action. Defense verdict entered on motion for summary judgment.

State Farm Fire & Cas. Co. v. U.S. Dept. of the Interior; Lead counsel on behalf of State Farm Fire & Casualty Company and State Farm General Insurance Company in connection with processing and payment by the United States government of approximately $50 million in subrogation claims associated with the Cerro Grande fire that occurred on or about May 4, 2000 in northern New Mexico.

Schneider Automation Inc. v. Cutler-Hammer Automation; United States District Court for the District of Massachusetts, Civil Action No. 99-10052. Lead trial counsel on behalf of Cutler-Hammer in technology contract dispute.

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