Matthew A. Gens has 12 years of litigation experience, with a focus on business litigation. He has substantial experience in closely-held business disputes and real estate litigation, including contractual claims, business torts, and fiduciary as well as other equitable claims. He has personally managed several cases with exposure in the multiple seven figures, and many more in the six figures, both in state and federal court. He has successfully argued dozens of dispositive motions and multiple appeals, and conducted multiple trials, frequently defending the same cases on appeal that he won before the trial court. He has also participated in several successful mediations and other forms of alternative dispute resolution.
Mr. Gens has experience representing a range of clients on both the defense and plaintiff’s side, from national publicly-traded companies, to investment funds, to mid-sized and small businesses, to entrepreneurs and developers, to high net-worth individuals.
Prior to joining Berluti McLaughlin & Kutchin LLP, Mr. Gens was an associate at Ropes & Gray LLP and Bernkopf Goodman LLP. He has been recognized as a Massachusetts Super Lawyers Rising Star from 2015 – 2020 and 2022-2023.
CONTACT
Phone: (617) 557-3030
Direct: (617) 557-2937
Fax: (617) 557-2939
44 School Street
Boston, Massachusetts 02108
EDUCATION
- J.D., Harvard Law School, 2009, cum laude
- B.A., Dartmouth College, 2006, summa cum laude
ADMISSIONS
- Massachusetts
- United States District Court, Massachusetts
- United States Court of Appeals, First Circuit
REPRESENTATIVE ENGAGEMENTS
- Successfully resolved seven-figure fiduciary duty and misrepresentation dispute between former closely-held business owners after two days of trial before the Business Litigation Session.
- Successfully moved for partial summary judgment dismissing all claims but a portion of one in a seven-figure case of first impression interpreting the Massachusetts shareholder deadlock statute, and successfully resolved the remainder of the action following pre-trial motion practice, one of Massachusetts Lawyers’ Weekly’s top four corporate cases of 2022.
- Amicably resolved an action asserting seven-figure claims by a financial technology company against one of its executives.
- Prevailed in complete defense victory in second-chaired 3-week jury trial before the Business Litigation Session in high-seven-figure complex acquisition dispute between former business partners, in action alleging direct and derivative contractual, tort and fiduciary claims. Also defeated post-judgment motion practice challenging the decision, argued and won on partial motions for directed verdict and to dismiss, as well as argued and won appeal of separate and final judgment following dismissal of co-defendants from the action.
- Assisted in favorable two-day mediated resolution of mid-seven-figure business divorce and complex employment commission methodology dispute in Massachusetts Superior Court.
- Successfully managed to favorable settlements multiple seven-figure actions involving disputes over commercial real estate development, acquisitions, and leasing.
- Successfully resolved action in the U.S. District Court for the District of Massachusetts for mid-six-figure recovery following argument and victory on motion to dismiss counterclaims.
- Argued a case before the Massachusetts Supreme Judicial Court and achieved a positive settlement following the decision.
- Defended businesses against class action claims in multiple cases, through class discovery and certification stage.
- Acted as local counsel in a complex acquisition dispute before the Business Litigation Session involving eight-figure claims.
- Prosecuted and defended against corporate actions seeking books and records.
- Defended national mortgage servicer in several civil actions in the U.S. District Court for the District of Massachusetts as well as the Massachusetts Superior Court and Land Court. Prevailed in a complete defense victory in a second-chaired 1-week bench trial, prevailed in several cases following successful arguments on dispositive motions, and successfully argued several appeals before the Massachusetts Appeals Court.
- Defended national title insurance company in civil actions in Massachusetts Superior Court and Land Court.
SELECTED DECISIONS
- McDonald v. McDonald, 2084-cv-983-BLS1 (Mass.Super.Ct. Nov. 2, 2022)
- Scudder v. Scudder, 2072-cv-367, 2021 WL 8741673 (Mass. Super. Ct. Dec. 18, 2021)
- Heron Crest v. Mansfield ZBA et al., No. 19-cv-178 (Mass.Super.Ct. Oct. 3, 2019)
- Norgand Realty L.P. v. Chalk & Vermilion Fine Arts, Inc., Civ. No. 18-10270-IT (D. Mass. July 12, 2018)
- Ind. Ctr. Newco LLC v. Waxy’s Kingston LLC, No. 18-cv-10527-ADB (D.Mass. May. 17, 2018)
- McMahon v. Nationstar Mortg. LLC, No. 16-cv-255 (Mass.Super.Ct. Apr. 6, 2018)
- C Co. v. Hackel, No. 14-cv-02115-BLS2 (Mass.Super.Ct. Jan. 25, 2018) (defense trial victory)
- Barrett v. MERS Inc. et al., 14 SBQ 16514-06-001, 2017 WL 5969766 (Mass. Land Ct. Nov. 30, 2017)
- Kenney v. Brown, 16 MISC 530, 2017 WL 3445359 (Mass. Land Ct. July 27, 2017) (Mass. Lawyers Weekly featured)
- Melen v. Cormay, 1672-cv-589 (Mass. Super. Ct. May 18, 2017)
- Nutting v. Nationstar Mortg. LLC, No. 15-P-1536, 2017 WL 429329 (Mass.App.Ct. Feb. 2, 2017)
- Valdez v. FNMA, No. 14-P-1721, 2016 WL 3460495 (Mass.App.Ct. June 24, 2016)
- C Co. v. Hackel, No. 15-P-1180, 2016 WL 3030912 (Mass.App.Ct. May 27, 2016)
- Anderson v. Nationstar Mortg. LLC, 172 F.Supp.3d 371 (D. Mass. 2016)
- Hall v. Nationstar Mortg. LLC, No. 15-P-282, 2016 WL 608937 (Mass. App. Ct. Feb. 16, 2016)
- Sullivan v. Bank of New York Mellon, 91 F.Supp.3d 154 (D. Mass. 2015)
- Coffey v. Advanced Fin. Servs., Inc., HDCV2012-00525 (Mass. Super. Ct. June 30, 2014)
- Campanile v. MERS, Inc., Civ. No. 11-cv-00528-JJM (D.R.I. May 12, 2014)
- Bisnaw v. Nationstar Mortg. LLC, NOCV2011-01940 (Mass. Super. Ct. March 6, 2014) (defense trial victory)
- Moran v. Gala, No. 12-P-1071, 2013 WL 4788134 (Mass.App.Ct. Sept. 10, 2013)