Robert J. Kaler is a trial and appellate lawyer specializing in large-scale, complex commercial litigation, including business, financial, securities, trade secret, intellectual property, technology systems, healthcare, medical devices, fraud and unfair competition law, major project engineering/construction, and commercial contract cases, including jury and non-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 2019 Chambers USA – America's Leading Business Lawyers guide notes that he is considered “an incredibly smart lawyer” handling “a variety of commercial disputes, class actions, and IP litigations on behalf of major corporations,” and is active in both “trial and appellate courts.” 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 complicated design issues related to a major chemical reprocessing plant in India. 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 2014 to 2018, he defended the Massachusetts Technology Park Corporation against claims arising out of the engineering and construction of a 1,200-mile fiber optic telecom network in the eastern United States, and obtained state and federal court injunctions requiring the network operator and its foreign owner to perform their obligations with respect to the continued operation of the network. From 2012 to 2014 he successfully represented a leading NYSE real estate investment trust in litigation over alleged 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 served 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, and has represented clients in the U.S. Supreme Court, the U.S. Courts of Appeals, and in various state appellate courts. Examples of appeals he has briefed and argued include Axia NetMedia Corporation v. Massachusetts Technology Park Corporation, 889 F.3d 1 (1st Cir. 2018); G4S Technology LLC v. Mass. Tech. Park Corp., 479 Mass. 721, 99 N.E.3d 728 (MA Supreme Judicial Ct. 2018); Cascade Yarns v. Knitting Fever, Inc., et al., 755 F.3d 55 (1st Cir. 2014); 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); CCMI 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. den., 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 Corp., 799 F.2d 6 (1st Cir. 1986); Idnani, et al., v. Mehrotra and Venus Capital Management, Inc., et al., 924 N.E.2d 781 (2010); and Tamerlane v. Warwick Insurance Co., 412 Mass. 486, 590 N.E.2d 191 (1992).
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:
- Lead Trial Counsel for U.S.-Based Biomedical Research Organization in Enterprise Resource Planning ("ERP") System Litigation Represented leading U.S.-based biomedical research organization, specializing in the acquisition, manufacture, storage, and distribution of standard reference microorganisms and tissue types, in successful U.S. District Court litigation over the failure of its new enterprise resource planning (ERP) system, including nationwide investigation and trial court proceedings relating to technical ERP system design and implementation issues. (2017-18).
- Trial Court and Appellate Defense of $150 Million Securities Fraud Class Action against Public Company
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 and successfully defended against the plaintiffs' appeal of that judgment in the U.S. Court of Appeals. See In Re Boston Scientific Securities Litigation, Fed. Sec. L. Rep. (CCH) P96545, 2011 U.S. Dist. LEXIS 106042 (D. Mass. 2011), affirmed, 686 F.3d 21(1st Cir. 2012).
- U.S. District Court Jury Trial of $52 Million Financial Fraud Claim
Defended large international finance leasing company in a multimillion dollar federal court jury trial involving claims of breach of contract, fraudulent inducement, 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 Claims
Represented the Massachusetts Convention Center Authority in its multi-year litigation against the architectural and engineering firms that designed the 1.7 million-square-foot Boston Convention and Exhibition Center. Client recovered $24 million in damages to correct design deficiencies in roof drainage, waterproofing, roadw