Hon. Edward (Ned) P. Leibensperger (Ret.) joins JAMS following eight years on the bench of the Massachusetts Superior Court. During his tenure, Judge Leibensperger was selected to preside in the highly regarded Business Litigation Session. Prior to being appointed to the court, he had a distinguished career as a trial lawyer and was recognized by Best Lawyers in America for “Bet the Company” litigation. He is a member of the American College of Trial Lawyers.
Judge Leibensperger earned a reputation for being fair and decisive. On the bench, he demonstrated an extraordinary ability to grasp issues quickly and fashion fair resolutions. As a retired judge and a seasoned trial lawyer with decades of experience, he knows not only the law, but also the dynamics of representing a client and the obstacles to settlement.
Prior to being appointed to the court, Judge Leibensperger practiced for 30 years at Nutter McClennen & Fish, and for seven years as a partner at McDermott Will & Emery. He represented clients in high-stakes litigation, including corporate disputes, shareholders suits, professional liability claims, class actions and insurance coverage cases. He earned a national reputation as an expert in trying difficult and high-profile cases involving financial and fiduciary issues and complex accounting questions.
ADR Experience and Qualifications
Representative Matters
Accounting/Finance
- Represented two of the then Big Five accounting firms and several regional firms in defense of malpractice claims
- Represented two of the then Big Five accounting firms in response to SEC investigations
Business/Commercial
- Presided over three-week, jury-waived trial concerning deceptive marketing practices of a major cigarette manufacturer
- Decided breach of fiduciary duty claims arising from a proxy contest for board seats of a publicly traded company
- Resolved claims of shareholders challenging the EMC/Dell Computer merger
- Adjudicated a claim under Uniform Commercial Code after premature termination of a multi-year supply contract
- Resolved numerous close corporation and family business disputes
- Represented major law firms in malpractice litigation
- Represented minority shareholders in fraud and breach of fiduciary duty cases against majority shareholders, recovering millions of dollars
- Conducted jury trial and issued post-trial rulings in a breach of contract claim by a broker dealer
- Litigated a two-week arbitration case involving claims of partnership breach and valuation of partnership interests in a multi-million-dollar oil company
Class Actions
- Defended officers and directors in SEC investigations and class action securities cases
- Adjudicated numerous motions for class certification
Employment
- Resolved numerous Wage Act claims by executives and others, including class claims
- Litigated and presided over employment discrimination claims
Insurance
- Tried a three-week case involving an insurance coverage dispute arising from a commercial construction contract
- Represented policyholder in a claim for directors and officers liability coverage, obtaining multi-million-dollar recovery
Intellectual Property
- In a trade secret dispute involving bet-the-company biotech discoveries, decided multiple issues concerning the scope of claims, counterclaims and discovery disputes
Professional Liability
- Adjudicated numerous legal malpractice cases, including anti-SLAPP motions
- Represented major law firms in legal malpractice cases
