Robert J. Kaler is a nationally-known trial and appellate lawyer specializing in complex business, financial, engineering/construction, and intellectual property litigation, including jury trials, arbitrations, class actions, and appeals on behalf of publicly-traded and privately held corporations; major banks and financial institutions; public authorities and agencies; and private organizations and individuals. The 2014 Chambers USA guide to "America's Leading Lawyers for Business" describes Mr. Kaler as a "phenomenal" and "renowned corporate litigator" with "additional technical skill in the areas of engineering, construction and IP [intellectual property]." He is ranked in Chambers USA "Leaders in their Field" in General Commercial Litigation, is listed in Best Lawyers in America, and was named one of Massachusetts Lawyers Weekly's "Top Ten Lawyers" for his successful defense of Raytheon Engineers & Constructors in a lengthy U.S. District Court jury trial involving unusually complicated engineering issues arising out of alleged defects in the design of a major chemical plant. He has an AV Preeminent Martindale-Hubbell rating, and is a Fellow of the Litigation Counsel of America and the American Bar Foundation.
Mr. Kaler is a member of the New York, Massachusetts, and District of Columbia bars, and the American and International Bar Associations. He represents clients in litigation matters throughout the United States and abroad. From 2012 to 2014 he successfully represented a leading NYSE real estate investment trust in major litigation over alleged design and construction deficiencies in one of its largest urban hotels. From 2004 to 2006 he represented one of the nation's largest Convention Centers in a highly publicized litigation against its architectural and engineering firms, and after five weeks of jury trial obtained a recovery of more than $24 million in damages to repair the structure. From 2010 to 2013, he successfully defended medical device manufacturer Boston Scientific Corporation (NYSE:BSX) against class action securities fraud and shareholder derivative actions in federal and state courts seeking to recover more than $150 Million in damages. In 2009 he appeared as lead trial counsel for one of the world's largest private leasing company to defend it against fraud, breach of implied covenant, and breach of fiduciary duty claims totaling more than $50 Million, ultimately obtaining a jury verdict exonerating the company.
Mr. Kaler has extensive appellate as well as trial experience, having represented clients in the United States Supreme Court, in the United States Courts of Appeals, and in various state appellate courts. Examples of appeals he has both briefed and argued include In re Boston Scientific Securities Litigation, 686 F.3d 21, Fed. Sec. L. Rep. (CCH) P96,935 (1st Cir. 2012); Robinson Laboratories, Inc., et al. v. Herley Industries, Inc., 86 Fed. Appx. 459 (2nd Cir. 2003); Ceska Sporitelna, a.s. v. Unisys Corporation, 116 F.3d 467 (3rd Cir. 1997), cert den. 522 U.S. 1069 (1998); Chesapeake Paper Products Co. v. Stone & Webster Engineering Corp., et al., 51 F.3d 1229 (4th Cir. 1995); Cashmere and Camel Hair Manufacturers Institute v. Saks Fifth Avenue, 284 F. 3d 302(1st Cir. 2002), cert den. 537 U.S. 1001 (2002); Nisselson, Trustee of Dictaphone Litigation Trust v. Jo Lernout, et al., 469 F.3d 143 (1st Cir. 2006), cert. denied, 550 U.S. 918 (2007); The pH Group, Ltd. v. David Birch and Cognetics, Inc., 985 F.2d 649 (1st Cir. 1993); CCIA v. Associated Dry Goods Corporation, et al., 799 F.2d 6 (1st Cir. 1986); Idnani, et al., v. Mehrotra and Venus Capital Management, Inc., et al., 76 Mass. App. Ct. 1125, 924 N.E.2d 781 (2010); and Tamerlane v. Warwick Insurance Co., 412 Mass. 486, 590 N.E.2d 191 (1992). See also Cascade Yarns v. Knitting Fever, Inc., et al., 2014 U.S. App. Lexis 11575 (1st Cir. 2014)(submitted on briefs).
Mr. Kaler has represented clients in a range of industries, including financial services and banking, insurance, information technology, engineering and construction, medical devices, chemical manufacturing, international trade, and many others. Illustrative cases in which he has served as lead counsel include the following:
- Defense of $150 Million Securities Fraud Class
Defended NYSE-listed medical devices company against securities fraud claims brought under the Securities Exchange Act of 1934 and SEC Rule 10b-5. Obtained a final judgment in the U.S. District Court dismissing all claims against all clients after two years of litigation and successfully defended against the plaintiffs' appeal of that judgment in the U.S. Court of Appeals for the First Circuit. See In Re Boston Scientific Securities Litigation, 2011 U.S. Dist. LEXIS 106042 (D. Mass. 2011), affirmed, 2012 U.S. App. LEXIS 14326 (1st Cir. 2012).
- U.S. District Court Jury Trial of $52 Million Financial Fraud
Defended large international equipment finance leasing company in a multimillion dollar federal court jury trial involving claims of breach of contract, fraudulent and negligent inducement, secured transaction issues under the Uniform Commercial Code, and alleged breach of fiduciary duty and unjust enrichment. Obtained jury verdict in favor of the client and an award of $2.8 million in litigation costs after four years of litigation and a three-week jury trial. See CSI Leasing, Inc. v. Lycos, Inc., C.A. No. 05-10017-RWZ (D. Mass.).
- Mass. State Court Jury Trial of $28 Million Engineering Defect
Represented the Massachusetts Convention Center Authority in its multi-year litigation against the joint venture of architectural and engineering firms that designed the new 1.7 million-square-foot Boston Convention and Exhibition Center. Client recovered $24 million in damages to correct design deficiencies in roof drainage, waterproofing, roadway, heating, ventilation and air conditioning systems after five weeks of jury trial. See Massachusetts Convention Center Authority v. HNTB Corporation, et al., C.A. No. 04-4335 BLS (Mass.).
- U.S. District Court Jury Trial of $55 Million Technology Failure
Successfully defended two multinational corporations against $55 million fraud and breach of contract claims in a federal court jury trial arising out of international agreements for the transfer of chemical reprocessing technology used in the design and construction of a large chemical plant in Gujarat, India. Obtained jury verdict exonerating the client and recovering licensing fees owed to it. See Mistry Prabhudas Manji Engineering Put. Ltd. v. Raytheon Engineers & Constructors, et al., 213 F. Supp. 2d 20 (D. Mass.).
- International Litigation of $104 Million Information Technology
Represented $10 billion European bank in a successfully resolved three-year federal court litigation against its computer systems provider, including extensive international discovery, trial court proceedings, and appellate proceedings in the U.S. Court of Appeals and the United States Supreme Court. See, e.g., Ceska Sporitelna, a.s. v. Unisys Corporation, C.A. No. 96-4152, 1996 US Dist. LEXIS 15435 (E.D. Pa.).