ROBERT R. BERLUTI, ESQ.Partner
    Contact

    RBerluti@bmklegal.com

    Phone: (617) 557-3030
    Fax: (617) 557-2939

    44 School Street
    Boston, Massachusetts 02108

    Education

    Education

    • LL.M., Taxation, Boston University Law School, 1982
    • M.B.A., Boston University Graduate School of Management, 1988
    • J.D., Suffolk University, 1980
    • B.A., Tufts, 1977
    Admissions

    Admissions

    • Massachusetts
    • New York
    • New Hampshire
    • United States Tax Court
    • United States District Court for the Southern District of New York
    • Supreme Court of the United States

    Robert Berluti, a partner at Berluti McLaughlin & Kutchin LLP, practices all aspects of complex civil litigation. He has extensive experience in jury and bench trials of all forms of business and employment disputes including. His accomplishments include securing the largest Massachusetts jury verdict ever recorded in an age discrimination case. His clients include large and small businesses in diverse industries.

    Mr. Berluti has tried cases in state and federal courts including the United States Tax Court and has appeared in state and federal trial and appellate courts in Massachusetts, New York, Connecticut, and New Hampshire, as well as state and federal administrative agencies, including FINRA and the Internal Revenue Service.

    He advises clients in all aspects of business disputes, including between shareholders/partners, valuation (including in divorce actions), derivative actions, individual and class action wage and hour cases, trade secrets, intellectual property, non-compete and non-solicitation agreements, employment law, contract, real estate, and construction disputes. He also represents individuals in serious personal injury cases and investor – broker disputes. He has also defended businesses in personal injury matters such as dram shop cases. He represents families in probate litigation, such as will contests. Mr. Berluti has extensive experience in all forms of alternative dispute resolution, including arbitration and mediation.

    In 2014, he successfully protected a shareholder from being forced to sell his shares under an arbitration provision in the corporate bylaws by defeating a Motion to Compel Arbitration in the Superior Court. Then in 2015, he successfully preserved the trial court’s decision before the Supreme Judicial Court. Michael A. Vale v. David J. Valchuis et.al. 471 Mass. 495 (2015).

    Representative Engagements

    Closely Held Business Disputes

    • Dispute between two 50% shareholders – secured a preliminary injunction to gain access to corporate information; successfully motions to compel sale of corporate stock through an arbitration procedure set out in the Articles of Organization; preserved the opposition before the Supreme Judicial Court in an interlocutory appeal Vale v. Valchuis al. 471 Mass. 495 (2015), where the SJC found the Article of Organization provision was an arbitration clause but the shareholder successfully withdrew from the arbitration procedure before the arbitration began; successfully obtained Summary Judgment on claims to force sale on other theories.
    • Successfully tried and obtained a judgment in favor of four brother against the oldest brother who contended he was the sole shareholder of a family business after the death of the father. Persuaded the Trial Judge that older brother was not entitled to any of the stock because of a prior transaction several years earlier whereby the brother tendered their stock in a related corporation to the older brother but he never completed nor rejected the transaction, thus tolling the statute of limitations.
    • Successfully prosecuted a breach of fiduciary duty claim against a minority shareholder on behalf of the majority shareholders for disclosing confidential information to a competing company.
    • Represented majority shareholders against a renegade minority shareholder and successfully negotiated a favorable settlement without ever filing a lawsuit in court.
    • Secured a victory in a Probate Court trial representing all siblings against the oldest brother who contended he was the sole owner of a family automotive business after the death of the father. The Trial Judge found the father had never completed his will and the estate must be probated as intestate.
    • Successfully represented majority shareholder against a minority shareholder in a bitter family dispute over real estate and other operating businesses by initially securing a favorable settlement and then successfully trying a contempt case when the no contact provisions were violated.
    • Successfully tried in arbitration a law firm breakup wherein the older partner sought a disproportionate share of profits and assets from the younger partner.
    • Successfully represented majority partners in an arbitration trial of an accounting firm dispute over a written partnership agreement where a withdrawing was seeking excess profits after the partnership agreement was amended by the conduct of the parties.

    Employment Contract Disputes

    • Obtained a judgment in excess of $2 million for an executive in an arbitration trial over a breach of his employment contract.
    • Obtained a settlement of $2 million on behalf of several brokers over a dispute over career harm as a result of misrepresentations in recruiting them to a new employer.
    • Obtained a judgment in excess of $600,000 in a FINRA arbitration over a dispute over a breach of contract of an employment contract and the interpretation of compensation system.

    Employment Related Disputes

    Age Discrimination

    • After winning a jury trial on behalf of four employees negotiated a settlement of over $1 million dollars prior to post-trial motions being heard (technology industry).
    • Won a jury trial then successfully defended the victory in the Appeals Court resulting in payment of over $1.9 Million to my client (finance industry).
    • Won a jury trial for a long time employee of a large insurance company then preserving the victory before the Appeals Court resulting in payment of over $500,000 (insurance industry).

    Sexual Harassment

    • Obtained a judgment in excess of $100,000 for a female law enforcement officer in an MCAD trial claiming sexual harassment and discrimination based on gender by a co-worker (law enforcement).
    • Defended employer in a sexual harassment claim by an employee was having a consensual relationship with a co-worker then claimed discrimination when the co-worker broke it off to return to his wife (construction industry).
    • Defended employer in investigation and then in an MCAD claim of sexual harassment (real estate management industry).

    Wage and Hour

    • Obtained a settlement of over $1 million for several employees in an employee misclassification case.
    • Obtained a settlement of over $800,000 for five employees in an employee misclassification case.
    • Secured a defendant’s verdict in representing the employer in a jury trial over an employee/independent contractor misclassification suit (discount furniture industry).
    • Defended employer in a class action lawsuit alleging misclassification of independent contractors.
    • Secured an $180,000 settlement for a misclassified independent contractor (medical sales industry).

    Sexual Preference

    • Secured a jury verdict on behalf of my client who was a correction officer being discriminated against based upon his sexual orientation. The Jury verdict was then preserved on appeal.

    Business Litigation

    • Obtained a settlement of over $400,000 on behalf of a customer in a customer dispute with her financial advisor.
    • Obtained a settlement in mediation of over $700,000 in a business dispute on behalf of a consultant and a former employee against former employer who retaliated when the formed their own competing business.
    • Obtained a judgment for the defendant in an arbitration claim over a contract warranty dispute.
    • Obtained a judgment for the Plaintiff for breach of contract and the covenant of good faith and fair dealing as well as against individual defendants for business torts, including interference with contractual and business relations.

    Real Estate

    • Obtained a judgment for the defendant in a dispute over a purchase and sale agreement, where the property owner refused to sign a title insurance affidavit at closing.
    • Obtained a judgment for the defendant in Land Court where the abutting property owner claimed there was a constructive or implied easement over the defendant client’s property.

    Personal Injury

    • Obtained a settlement in mediation of $750,000 in a wrongful death.
    • Secured a plaintiff’s judgment of $260,000 in an arbitration trial on behalf of a pedestrian struck in a cross walk who fractured her wrist then had complications.
    • Secured a settlement of $100,000 in a slip and fall case for a plaintiff who suffered an avulsion fracture and torn MCL.
    • Secured a settlement of over $120,000 for a femoral fracture in a slip and fall case.

    Appellate and Reported Cases

    • Vale v. Valchuis et.al. 471 Mass. 495 (2015) Preserved the trial court victory preventing an arbitration to force the sale of stock before the Supreme Judicial Court where the SJC found the Article of Organization provision was an arbitration clause but the shareholder successfully withdrew from the arbitration procedure before the arbitration began.
    • MacFadyen v. Maki 70 Mass.App.Ct. 618 (2007) Secured a reversal of a trial court decision on granting summary judgment on behalf of a defendant Tree Farm where failure to post a statutory warning allowing the Plaintiff to go to trial.
    • Bradley v. Stonecroft Properties et.al. 78 Mass.App.Ct. 1109 (2010) – preserved trial court victory on behalf of Stonecroft in the Land Court.
    • Salvi v. Suffolk County Sherriff’s Dept. 67 Mass.App.Ct.596 (2006)- preserved jury verdict in favor of the Plaintiff.
    • Ventresco v. Liberty Mutual Insurance Company 55 Mass.App.Ct.201 (2002) – preserved jury verdict for the Plaintiff.

    Distinctions and Significant Matters

    • Selected as one of Boston’s Top Rated AV Preeminent Rated™ Lawyers each year from 2000 through 2016
    • Massachusetts Super Lawyer in 2005, every year from 2007 through 2015
    • Awarded an “AV” rating by Martindale-Hubbell, the highest accolade from a select group of attorneys who have been recognized by their peers for both legal expertise and high ethical standards
    • Published in the Massachusetts Law Review
    • Past lecturer at New England School of Law (now New England Law)
    • Past lecturer in many continuing legal education seminars including at MCLE and Suffolk University Law School on employment and trial topics

    Memberships, Affiliations, and Personal Interests

    • Boston Bar Association
    • American and Massachusetts Bar Associations
    • Past President Tufts Jumbo Club
    • Member Board of Directors Westwood Pop Warner