Edward F. Whitesell Jr., Esq.Associate
    Contact

    ewhitesell@bmklegal.com

    Phone: (617) 557-3030

    Fax: (617) 557-2939

    44 School Street

    Boston, Massachusetts 02108

    Education

    Education

    • University at Albany, State University of New York (B.A. 1995)
    • Boston College Law School (J.D. 1999)
    Bar Admissions

    Admissions

    • Commonwealth of Massachusetts
    • United States Court of Appeals for the First Circuit
    • United States District Court for the District of Massachusetts

    Ted Whitesell joined the Litigation Department of Berluti, McLaughlin & Kutchin, LLP in 2012. Mr. Whitesell is an experienced litigator, with a focus on complex civil litigation and appeals. He has represented a broad spectrum of clients in a number of high-stakes matters in both state and federal court. Mr. Whitesell’s cases have included shareholder disputes in closely-held corporations, employment litigation, class actions, investor and consumer protection actions, contract disputes, business torts, trade secret and intellectual property disputes, civil rights claims, bankruptcy proceedings and real estate litigation. He has also handled a wide range of tort actions, including personal injury, malpractice, property damage and wrongful death claims.

    Prior to joining the firm, Mr. Whitesell was an associate at Adler Pollock & Sheehan, PC, where he handled a variety of securities litigation, business litigation and insurance defense litigation matters. Mr. Whitesell began his career at Rich May, a Professional Corporation, where he worked on various corporate transactions, including private placements of securities, mergers and acquisitions, and secured and unsecured loan transactions.

    Representative Engagements

    • Represented a large regional home manufacturer in a series of local residential building disputes.
    • Represented an individual shareholder in a closely-held corporation in claims of breach of fiduciary duty and corporate freeze-out.
    • Represented two large pension funds, one public, in related lawsuits against a custodian bank arising from investments in over-the-counter foreign currency options.
    • Represented an individual investor in a Blue Sky Law claim against a large investment firm involved in investments in residential mortgage-backed securities.
    • Represented two large national building contractors in contract disputes.
    • Represented a local contractor in labor and employment law issues.
    • Represented a regional security company in a variety of lawsuits, including personal injury cases, a wrongful death case and a civil rights claim.
    • Represented a local home builder in a wrongful death case and a property damage case.
    • Represented a national cable provider in varied litigation, including a claim of copyright infringement.

    Distinctions and Significant Matters

    • Drafted briefs in support of successful argument before the Massachusetts Supreme Judicial Court seeking to uphold the denial of a motion to compel arbitration under a right of first refusal in a closely-held corporation’s Articles of Incorporation.
    • Drafted briefs and successfully argued an appeal to the Massachusetts Appeals Court on behalf of a regional delivery company seeking to uphold summary judgment in the client’s favor due to a lack of subject matter jurisdiction under the Workers’ Compensation statute.
    • Drafted briefs in support of a successful argument to the Massachusetts Appeals Court on behalf of a commercial property owner regarding the scope of an easement.
    • Drafted briefs in support of a successful argument in a personal injury action defeating summary judgment on the issue of whether the defendant was a general contractor and owed a duty of care.
    • Successfully briefed and argued for dismissal of claims brought against an individual client on a theory of corporate veil-piercing.
    • Successfully briefed and argued an opposition to a motion for summary judgment on the issue of whether multiple contracts between the parties constituted an integrated agreement.
    • Successfully argued for summary judgment on behalf of a general contractor in a wrongful death action on an open issue of law involving the Massachusetts Workers’ Compensation statute. Mr. Whitesell then briefed and argued that the decision be upheld before both the Massachusetts Appeals Court and the Massachusetts Supreme Judicial Court.
    • In a defamation action, successfully argued an appeal to the Massachusetts Appeals Court on behalf of a condominium trust and its security guard for reversal of a denial of a special motion to dismiss under the Massachusetts Anti-SLAPP statute. Mr. Whitesell also successfully argued for attorneys’ fees in connection with both the litigation and the appeal.
    • Drafted briefs in support of a successful argument on a case of first impression to the Massachusetts Supreme Judicial Court regarding a hedge fund’s liability to a pension fund investor under the Massachusetts Securities Act. Mr. Whitesell was responsible for the case from initiation through trial, where he was part of the trial team and cross-examined the defendant hedge fund manager.
    • Successfully obtained an ex parte lis pendens attachment on property for which a commercial tenant had a right of first refusal, ultimately compelling the landlord, who had previously refused to sell, to convey the property upon the terms and conditions set forth in the client’s complaint.
    • Named a Massachusetts Rising Star from 2008-2010 and from 2012-2013 by the publishers of Super Lawyers, recognizing him as an outstanding young attorney in the Boston legal community.
    • Cum laude graduate, Boston College Law School, where he served as Managing Editor of the Uniform Commercial Code Reporter Digest and as a summer intern in the Manhattan District Attorney’s Office.

    Reported Decisions

    • Vale v. Valchuis, 471 Mass. 495 (2015)
    • Taylor v. Eastern Connection, 465 Mass. 191 (2013)
    • Wentworth v. Henry C. Becker Custom Bldg., 459 Mass. 768 (2011)
    • Huffington v. T.C. Group, Inc., 637 F.3d 18 (1st Cir. 2011)
    • Keegan v. Pellerin, 76 Mass. App. Ct. 186 (2010)
    • Wentworth v. Henry C. Becker Custom Bldg., 76 Mass. App. Ct. 507 (2010)
    • Brookridge Funding Corp. v. Aquamarine, Inc., 675 F. Supp. 2d 227 (D. Mass. 2009)
    • Great Northern Ins. Co. v. Paino Assocs., 369 F. Supp. 2d 177 (D. Mass. 2005)
    • Marram v. Kobrick, 442 Mass. 43 (2004)

    Memberships, Affiliations, and Personal Interests

    • Boston Bar Association
    • Massachusetts Bar Association