Charles L. Solomont

Carl has served as lead litigation counsel for Boston-area professional sports teams and venues. He represents some of the nation’s largest financial institutions in bankruptcy, lender liability, and fiduciary duty matters. In real estate and construction litigation matters, he has represented owners, developers, lenders, and commercial landowners in matters involving construction, land use, environmental regulation, title disputes, the enforceability of purchase and sale agreements and letters of intent, and commercial landlord-tenant disputes. His intellectual property experience includes representation of clients in trademark, copyright, Internet torts, and licensing litigation matters.

Carl publishes articles and serves as a presenter at seminars concerning trial practice, mediation, electronic discovery, creditors’ rights, real estate litigation, intellectual property, Internet privacy issues, legal ethics, and sports law. He has served as a mediator of a wide variety of civil disputes, is currently president of a regional nonprofit community mediation services program, and serves as a pre-trial court conferencer for the Boston Municipal Court.

Before joining Morgan Lewis, Carl was a partner in the financial institutions regulatory, enforcement, and litigation and securities and financial institutions litigation practice at another international law firm.

• In an international arbitration proceeding, represents owner of a 675 megawatt natural gas fired power plant in the EPC contractor in a dispute over large (nine-figure) claims and counterclaims arising from delays in the completion of the project.
• As lead trial counsel, successfully defended a claim of a plaintiff that he had been squeezed out of a renewable energy advisory business that later sold for over $100 million.  The plaintiff claimed entitlement to thirty percent of the sale proceeds, plus multiple/punitive damages and attorneys’ fees. After a two-week trial, judgment entered for the plaintiff for $300,000, less than one percent of the amount he claimed and a fraction of the plaintiff’s last pre-trial settlement demand of $13.5 million.
• After a month-long trial, obtained jury verdict on all counts for the New England Patriots in a case involving the right of possession to a harness race track adjacent to the team’s home field stadium and the tenant operator’s $30 million damages counterclaim.
• Lead trial counsel for an international manufacturer of circuits and sensors in a dispute over whether broker was due a fee on client’s purchase of an $80 million manufacturing plant; after a week-long trial, client was awarded judgment on all claims with costs.
• Successfully tried and, on appeal, successfully argued to the Supreme Judicial Court (Massachusetts highest court of appeals) a case for the owner of Gillette Stadium (the home field of the New England Patriots), concerning the enforceability of an acceleration clause in a Club Seat license.
• For a Top 100 US exporter, an international forest products company, was lead lawyer in arbitration action brought by a commodities broker for commissions and other alleged damages. On the final day of the arbitration hearing, just before closing arguments, the case settled for under 10 percent of the claimant’s final pre-trial demand.
• Lead trial counsel for real estate developer at 10-day trial, secured judgment on all claims against developer of mismanagement and misappropriation of profits brought by project investors and secured a judgment on the developer’s counterclaim arising from the investors’ failure to make an additional capital call from previously distributed profits.
• Successfully argued on appeal to the Massachusetts Supreme Judicial Court, Ferri v. Powell-Ferri, a matter concerning trustees' authority to distribute (or decant) substantially all of the assets of an irrevocable trust into a new trust.
• On the eve of oral argument on our motion to dismiss, plaintiff agreed to dismiss without our client making any payment a federal court action to invalidate as a fraudulent transfer the sale of a manufacturing facility to our biotech company client. We also obtained near-complete indemnification of our clients’ defense costs under an indemnification agreement with the seller of the facility that we filed suit to enforce in Massachusetts state court.
• Successfully represented professional sports venue in wrongful death case brought by estate of event attendee who died of heart attack after altercation with security personnel.
• As lead trial counsel, defended action in Southern District of New York for biopharmaceutical company client. After a bench trial, secured judgment on all counts with respect to the plaintiff marketing company’s claim to up to $50 million in commissions on sales internationally of client’s FDA-approved oncology drug.
• In a case brought by institutional investment fund claiming right to participate in client’s $106 million purchase of commercial property in Bethesda, Md., defeated the fund’s effort to enjoin the client’s purchase.
• Successfully represented international investors in recovering 100 cents on the dollar on their claim that managing member of real estate project misappropriated $7 million in profits from the project.
• Secured judgment of dismissal of $100 million class action brought against the New England Patriots by season ticket holders of the New York Jets.
• Obtained, and successfully defended on appeal, a $9 million judgment for syndicate of banks on their claim to enforce private equity fund’s guaranty of portfolio company’s loan obligations and obtained judgment of dismissal of fund’s $37 million lender liability counterclaims.
• Represented a corporation against its insurer in a lawsuit to recover large insurance claim, obtained summary judgment on the issue of the insurer’s liability for the claim and then, in settlement of the client’s claim for unfair and deceptive trade practices, recovered entire amount of the insurance claim, all attorney fees incurred and a portion of demanded punitive damages.
• Represented broker-dealer division of large investment bank in defense of $35 million claim of the Massachusetts Securities Division, arising out of client’s sales of auction rate securities.
• In bankruptcy of large home building company pending in Maryland, represented national bank with respect to maximizing its recovery on a nearly $80 million loan collateralized by large residential real estate developments in Maryland and Virginia.
• Represented secured lender in work out involving New England semi-private golf course club where lender recovered 100 cents on the dollar of the $4 million in principal it loaned.
• As lead trial counsel, obtained a $3.3 million trial judgment for a biotechnology company on claims for defamation based on statements published on a Yahoo! Finance Internet message board; prior to the trial on damages, secured summary judgment as to liability, the first summary judgment award granted on an Internet defamation case in the country.
• Represented national bank in a test case for a putative class action based upon a claim that the bank had misappropriated the monthly escrow payments of consumer mortgagees; after serving summary judgment motion papers, settled the case for $7,500, a full release and an agreement not to pursue class claims.
• Defended provider of Internet-based customer relationship management and business planning solutions in a software license litigation commenced by a Fortune 500 software distribution company; after defeating a motion to enjoin client from terminating the agreement, the matter settled with no money changing hands and with the client achieving its goal of ending the adversary’s licensing rights.
• Successfully represented university in class action filed by students who alleged that they had been fraudulently induced into enrolling in career advancement program.