Davis, Malm & D'Agostine P.C. Attorneys at Law - Boston Law Firm: Joshua S. Grossman

Practice Focus and Experience

Josh Grossman practices in the Litigation Group 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

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.
Representation of beneficiary of trust in action against trustees for self-dealing and breach of trust.
Representation of developer of single family homes in negligent workmanship action against site sub-contractor.
Representation of supermarket chain in opposing certiorari petition to Supreme Court of the United States in Kettenbach v. Demoulas, et al.
Representation of inventor in arbitration of patent royalty dispute regarding a medical device.
Representation of purchaser of a bus line in breach of contract action against seller.
Representation of powerboat owner in action against marine casualty insurer for failure to provide coverage and violations of M.G.L. c. 176D and against insurance agency for malpractice.
Prosecution of corporate indemnification action in the Delaware Chancery Court. More information about the case

Representative Reported Cases

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. Vote of disinterested members of board of directors to terminate the pending lawsuit is equivalent of vote of a special litigation committee and is held to heightened standard of review established by SJC in Houle v. Low, 407 Mass. 810 (1990). Directors must be independent, unbiased, and act in good faith in voting to terminate derivative lawsuit.
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.
Keating v. Keating, 17 Mass. L. Rptr. 241 (2003) - Successfully prosecuted action for freeze out of minority shareholder by controlling shareholder.
Workgroup Technology Corp. v. MGM Grand, LLC, 246 F. Supp. 2d 102 (D. Mass. 2003)- Whether a Las Vegas casino was subject to personal jurisdiction in Massachusetts in breach of contract action with host of technology convention due to casino's marketing and advertising contacts within the forum.
Demoulas v. Demoulas, 57 Mass. App. Ct. 456 (2003).

Professional

Distinctions: Massachusetts Super Lawyer "Rising Star," 2006, 2007.
Admitted: Massachusetts; Supreme Court of the United States; 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.

Articles