Patrick J. O'Toole, Jr.

Prior to joining Kirkland, Patrick was involved in the following matters:

Business & Employment

• Won a significant jury verdict on behalf of a public employee pension fund in a derivative breach of contract and fiduciary duty claims against an investment advisor.
• After trial, obtained judgment on behalf of an employer on a claim the employer failed to pay sales commissions.
• Won an arbitration award on behalf of selling shareholders in an action claiming a significant royalty was due on technology the buyer had acquired.
• Successfully defended a hedge fund and its founders in a partnership dispute and settlement.
• After winning a motion to dismiss claims for violation of the Massachusetts Consumer Protection Act (Chapter 93A) and civil conspiracy, successfully resolved claims against a global equity asset manager arising from an exclusive agency agreement.
• Argued and won summary judgment and the award of injunctive relief on behalf of an investment management firm against two mutual funds. The Supreme Judicial Court of Massachusetts (SJC) affirmed the trial court’s decision.
• Obtained summary judgment on behalf of a professional trustee in breach of fiduciary claim against co-trustee.
• Successfully defended a health insurer in a class action brought by physicians alleging that various health insurers engaged in a civil RICO conspiracy.
• Advised numerous employers in investigations relating to alleged improper conduct.
• Successfully represented a medical device company in a workout and restructuring of an acquisition and earn-out agreement.

Trade Secrets

• After a jury trial and extensive post-trial evidentiary proceedings in a trade secret case, obtained judgment in favor of plaintiff awarding treble damages, a permanent injunction, a five-year production injunction and attorneys’ fees under the Massachusetts Unfair and Deceptive Practices Act.
• Successfully resolved trade secret and misappropriation claims brought by a private equity portfolio company against an international consulting company.
• Won the dismissal of civil RICO, prima facie tort, defamation, violation of the Computer Fraud and Abuse Act (CFAA) and claims that various defendants conspired to defame plaintiff and engaged in a fraudulent scheme to obtain confidential information arising from plaintiff’s dismissal as a senior executive position with a foreign governmental entity.
• Obtained complete dismissal of federal complaint alleging various antitrust and unfair competition claims including violations of the Lanham Act and Massachussetts General Laws Chapter 93A. (JPS Elastomerics Corp. v. Specialized Technology Resources, Inc., 769 F.Supp.2d 17 (D. Mass. 2011)).

Criminal Matters & Investigations

• Served as co-trial counsel in the successful defense of a former senior vice President of W.R. Grace, who was charged with violating the knowing endangerment provision of the Clean Air Act and conspiring to defraud the United States. The client was acquitted on all counts after an 11-week criminal jury trial in federal court in Montana.
• Served as co-trial counsel in a nationally reported criminal case representing a former national sales director in a four-month federal criminal trial involving the sale of opioid pain medication.
• Lead numerous internal and governmental investigations involving a wide range of employment, regulatory and criminal issues.
• Successfully defended a company and its owners in connection with a potential criminal fraud indictment involving the company’s credit facility.
• Successfully defended clients in criminal investigations by Department of Justice, the Office of the Inspector General, the Department of Housing and Urban Development (HUD) and various state attorneys general offices.

Weil, Gotshal & Mages, LLP

Mintz Levin

Hutchins Wheeler & Dittmar