The Firm achieved a significant victory on behalf of our client Berkley Research Group (BRG) after a nearly decade-long legal battle with its competitor FTI Consulting. The dispute centered on three principals and several colleagues and clients leaving FTI to join BRG, which led to allegations of breach of contract, tortious interference, aiding and abetting breaches of fiduciary duties, and violation of Massachusetts’ unfair competition statute (Chapter 93A) – a formidable statute that carries up to treble damages, plus attorneys’ fees.
Initially, the trial resulted in an unfavorable jury verdict and judicial award. However, as soon as the verdict came down, the Quinn Emanuel trial and appellate teams developed what proved to be a winning roadmap for appeal. The teams reviewed the extensive trial record and developed appellate arguments on complex legal issues under both Massachusetts consumer protection law and Maryland employment law, while also devising a comprehensive strategy to ensure our client was protected throughout the pendency of appeal.
On July 31, 2024, the Massachusetts Appeals Court, in a 23-page unanimous decision authored by Justice Henry, overturned in full the adverse $65 million verdicts and reversed the judgment on FTI’s Chapter 93A claim against BRG. The Appeals Court agreed with BRG on all major legal issues. In particular, the Appeals Court found that BRG met its burden to prove that the alleged unfair method of competition did not primarily and substantially occur in the Commonwealth of Massachusetts, as required by the statute, and thus BRG could not be held liable under Chapter 93A. The Appeals Court clarified that the proper focus of this analysis should be on where the alleged wrongful conduct occurred and found that it took place outside Massachusetts, and that any purported harm was felt on a nationwide basis by an out-of-state business. Additionally, the Appeals Court agreed that the trial judge erred in allowing a directed verdict on part of BRG’s defense of constructive discharge and that the trial judge also incorrectly instructed the jury on the remainder of that defense. Accordingly, the Appeals Court entered judgment for BRG on the Chapter 93A claim and vacated the judgment in all other respects. This victory serves as a testament to our team’s dedication and resilience in navigating a challenging legal battle to deliver a favorable result for our client.