Joshua S. Grossman

Practice Focus and Experience

Josh Grossman practices in the Litigation area and focuses mainly on business, corporate, and commercial litigation. He practices in both state and federal court and has litigated cases involving claims arising from business and asset sales, shareholder disputes, alleged fiduciary breaches and breaches of trust, and other business litigation. Prior to joining Davis Malm, Josh served as Law Clerk to the Honorable Mark L. Wolf, United States District Court Judge for the District of Massachusetts. He also served as Law Clerk to the Honorable Conrad K. Cyr, Senior Circuit Court Judge for the United States Court of Appeals for the First Circuit.

Representative Matters

• Represented a trust beneficiary in obtaining an $11.8 million judgment against a trustee in a precedent-setting case holding a trustee accountable for encumbering trust assets to finance the trustee's family business.
• Representation of minority shareholder in shareholder derivative action against corporation for self-dealing transaction by corporate officers and directors.
• Defense of developer in copyright infringement action involving architectural drawings for condominium complex.
• Representation of telecommunication services provider in action against landlord to enforce noncompetition covenants of commercial lease.
• Representation of minority shareholder of grocery distribution company in freeze out action.

Representative Reported Cases

• Pantazis v. Tsourides, WL 4894320, (Mass.Super., October 27, 2009) - Obtained substantial award of attorneys fees for successfully trying breach of fiduciary duty claims against self-dealing trustees on behalf of trust beneficiary (see original decision below).
• Pantazis v. Tsourides, WL 2603147, (Mass.Super., July 08, 2009) - Represented a trust beneficiary in obtaining an $11.8 million judgment against a trustee in precedent-setting case holding a trustee accountable for encumbering trust assets to finance the trustee's family business.
• Kurker v. Shoestring Properties Limited Partnership, 68 Mass. App. Ct. 644 (2007) - Successfully overturned decision of trial court on appeal and obtained order requiring adverse party to convey marina property to client.
• Boylan v. Boston Sand & Gravel Co., WL 836753 (Mass. Super. Mar. 16, 2007) - Successfully opposed summary judgment motion in shareholder derivative lawsuit challenging self-dealing transactions of corporate officers, directors, and controlling shareholders.
• Haufler v. Zotos, 446 Mass. 489 (2006) - Successfully represented property owner in statutory civil rights claim where the client's neighbor had interfered with client's right to use and develop his property.

Professional

• Distinctions: Peer Review "BV" rated by Martindale-Hubbell, the second highest bestowed rating; Massachusetts Super Lawyer "Rising Star," 2006, 2007, 2008, 2009.
• Admitted: Massachusetts; U.S. Supreme Court; U.S. Court of Appeals for the First Circuit; U.S. Court of Appeals for the Second Circuit; U.S. District Court for the District of Massachusetts; U.S. District Court for the Northern District of Illinois.
• Member: Massachusetts Bar Association; American Bar Association.

Publications and Speaking Engagements

• Joint Defense Agreements Helpful in Securities Cases, New England In-House, Gary S. Matsko and Joshua S. Grossman (coauthors).
• Use of Joint Defense Agreements In Securities Laws Enforcement Proceedings, Gary S. Matsko and Joshua S. Grossman (coauthors), Boston Bar Association Continuing Legal Education.

News

• Four Davis Malm Attorneys Named 2009 Massachusetts "Super Lawyers Rising Stars"
• Gary S. Matsko, Carol R. Cohen, and Joshua S. Grossman Victory in Worcester Superior Court Featured in Lawyers Weekly
• Gary S. Matsko, Carol R. Cohen, and Joshua S. Grossman Win $11 Million Decision in Worcester Superior Court

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