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David E. Cole
Associate
Boston
With significant technical background and diverse trial and appellate experience, David Cole represents clients in complex commercial litigation. He has briefed cases in the United States Courts of Appeals for the Federal Circuit and First Circuit, the Judicial Panel on Multidistrict Litigation, and in the Massachusetts Appeals Court. David has a focus in intellectual property litigation, reflecting in part his four years of work prior to law school as a private laboratory research chemist focusing on such technologies as concerned biocides, ceramers, low-VOC coatings, and molecular modeling. Most recently he helped resolve a dispute over a patent on recombinant DNA technology.
David also defends national corporations in consumer and other class action suits, and represents independent power producers in controversies over power purchase agreements and other energy-related matters. His insurance coverage litigation work has involved claims related to environmental indemnification.
In addition to his commercial litigation practice, David is active in pro bono matters. He has defended First Amendment and freedom of speech rights of a street performance artist (helping prevent a town's proposed restrictive bylaws) and a private university's student television station (convincing a special administrative panel to overturn the Chancellor's decision to dissolve the station because of the controversial content of one of its programs). He also successfully represented a non-profit affordable housing developer in its defense of an abutter's appeal of its 40B comprehensive permit.
Bars and Court Admissions
Massachusetts
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, First Circuit
U.S. District Court for the District of Massachusetts
Representative Experience
The following is a brief summary of David's experience and accomplishments:
Represented the owners of a power plant in Western Massachusetts in a litigation against municipal power purchasers who alleged that the owners breached the parties' power purchase agreement and the implied covenant of good faith and fair dealing, and violated Massachusetts consumer protection statute, Chapter 93A. The complaint was dismissed after a three-week trial.
Represented a financial institution in a litigation against plaintiffs seeking class certification for their claims under the Electronic Funds Transfer Act and Chapter 93A. Class certification was denied and arbitration of the plaintiffs' individual claims was later compelled under the arbitration clause of the parties' agreement.
Represented a corporation pursuing several of its insurers for reimbursement of defense and indemnification costs incurred in relation to a Superfund site.
Represented Biogen Idec and Genzyme in multidistrict litigation against Columbia University seeking declaratory judgment of invalidity and unenforceability of a patent on recombinant DNA technology. A covenant not to compete was obtained.
professional / civic involvement
American Bar Association
American Intellectual Property Law Association
Boston Bar Association
Federal Circuit Bar Association
American Chemical Society
Boston Partners in Education's Power Lunch Program - reading to children in the Boston Public Schools
Boston College Law School's 1L Mentoring Program
Volunteer at a community non-profit radio station on Cape Cod
publications
Judicial Discretion and the "Sunk Costs" Strategy of Government Agencies, 30 B.C. ENVTL. AFF. L. REV. 689 (2003)
Analytical Chronology of Palazzolo v. Rhode Island, 30 B.C. ENVTL. AFF. L. REV. 171 (2002)
Co-author, New Adhesives for Rigid-Flex Printed Wiring Board Fabrication, 33rd International SAMPE Technical Conference (Seattle, WA, 2001).
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