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CONTACT CASE MANAGER

Hon. Stephen E. Neel (Ret.)

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    Biography
    General Biography
    Practice Areas & Industries
    Business Commercial
    Class Action & Mass Tort
    Employment Law
    Estate Probate Trusts
    Insurance
    Professional Liability
    Securities
    Honors, Memberships, and Professional Activities
    Background and Education

    Hon. Stephen E. Neel (Ret.) has extensive experience resolving a wide spectrum of complex civil litigation.  After 19 years as a trial attorney in private practice concentrating in complex civil litigation, he served for 18 years as a trial judge of the Massachusetts Superior Court, and presided in the Court’s Business Litigation Session from 2008 to 2010.   Judge Neel served on the Supreme Judicial Court’s Standing Committee on Dispute Resolution and chaired the Superior Court’s Subcommittee on Alternative Dispute Resolution.  Since 2011, he has been an arbitrator, special master, and neutral evaluator at JAMS.

    Judge Neel is a highly skilled and effective arbitrator who has been named a Best Lawyer in arbitration annually since 2016.  He works with counsel to make certain that each arbitration before him receives the preparation and attention necessary to a fair, efficient, and timely resolution.

    Judge Neel’s experience as a special master and judicial referee includes matters ranging from discovery disputes to hearings on the merits.  He also brings his experience as a practicing attorney, trial judge, and arbitrator to his work as a neutral evaluator.

    ADR Experience and Qualifications

    • Served on the Supreme Judicial Court's Standing Committee on Dispute Resolution
    • Chaired Superior Court's Subcommittee on Alternative Dispute Resolution
    • Presided in the successful Business Litigation Session (the "BLS") of the Massachusetts Superior Court from 2008 to 2010, resolving complex litigation including: intricate business torts, corporate governance issues, and employment agreements, as well as matters related to insurance, intellectual property, negligence, product liability, professional liability, securities transactions, shareholder claims, U.C.C. disputes, and cases involving unfair trade practices 
    • Served for five years as Regional Administrative Justice for Civil Business for Middlesex County
    • Handled and resolved complex civil litigation, including securities, broker-dealer, and products liability cases, as a trial partner at Goodwin, Procter and Hoar and Herrick & Smith in Boston

    Representative Matters

    • Business Commercial
        • Arbitrated claim by LLC involving failure to pay premium for policy intended to fund buy-out of member’s interest
        • Arbitrated a proceeding between a Massachusetts casino and a neighboring city to determine, under applicable Massachusetts regulations, which of the parties’ proposed surrounding community agreements would prevail
        • Mediated disputes involving legalized gambling in Massachusetts
        • Appointed as Judicial Referee in Massachusetts Superior Court case involving claims of fraud and breach of contract for purchase of real properties
        • Arbitrated dispute between principals of LLC 
        • Arbitrated dispute between manufacturer and distributor over commissions
        • Arbitrated dispute over interpretation of LLC operating agreement
        • Adjudicated dissolution of limited partnership and LLC entities
        • Adjudicated consumer fraud involving brokerage firm
        • Adjudicated claim by bank for breach of assignment agreement and violation of U.C.C.
        • Adjudicated close corporation shareholder freeze-out
    • Class Action & Mass Tort
        • Adjudicated class action against pharmaceutical company alleging false marketing
        • Adjudicated class action against smokeless tobacco producers
        • Adjudicated class action against automobile insurers seeking post-award interest on arbitration awards
        • Mediated multiple class action disputes
    • Employment Law
        • Arbitrated wrongful termination claims based on violation of public policy
        • Arbitrated claims by terminated CEOs for breach of employment agreement and Wage Act
        • Arbitrated claim for overtime and Sunday/holiday pay
        • As Special Master appointed by Massachusetts Superior Court, took evidence and made recommendation to Court regarding motion to hold a party in contempt for noncompliance with discovery orders
        • Arbitrated multiple cases involving claims for unpaid commissions
        • Arbitrated  wrongful termination claim based on age discrimination and retaliation for internal whistleblowing
        • Arbitrated employment discrimination claim based on race
        • Arbitrated appeal of an arbitration award arising out of alleged gender discrimination
        • Decided claims against departing employees for breach of restrictive covenants and theft of trade secrets
        • Settled claims based on gender, military service, disability, hostile work environment, public policy and claims of retaliation
        • Decided claim for termination without cause and breach of Supplemental Executive Retirement Plan
    • Estate Probate Trusts
        • Arbitrated dispute among family members over compliance with global agreement to resolve claims within the family concerning decedent’s trust
        • Decided claims for breach of duty by officers, directors
    • Insurance
        • Chaired arbitration panel in claim by insured against excess carrier
        • Arbitrated dispute over allocation of insurance proceeds
        • Arbitrated a claim alleging purchase of a life policy by an entity not having an insurable interest
        • Arbitrated insurer’s claim that pending product liability claims against insured were not covered by policy
        • Arbitrated claims among insurers that were party to funding agreements for defense and indemnity of toxic tort claims against insured
        • Decided interpretation of policy exclusions and coverage provisions in claims alleging environmental contamination, asbestos/chemical personal injury, and construction accident
        • Settled class action against insurer for payment of post-arbitration award interest
        • Settled coverage claim under accidental death/disability policy
    • Professional Liability
        • Arbitrated multiple medical malpractice/wrongful death claims
        • Arbitrated claim of accounting malpractice
        • Decided claims of legal malpractice, fraud on court by law firm 
        • Decided claims for breach of duty by officers, directors
    • Securities
        • Adjudicated action to enjoin shareholder vote on merger because of alleged undervaluing of shares
        • Adjudicated claim under Uniform Securities Act for alleged material misrepresentations in solicitation by hedge fund
        • Adjudicated action to enjoin corporate acquisition because of alleged material omissions in proxy statement
        • Adjudicated derivative action against bank arising from crash of mortgage-backed securities market
        • Settled class action claiming aiding and abetting fraud in sale of securities

    Honors, Memberships, and Professional Activities

    Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS. 
     
    • Recognized by Best Lawyers as one of the Best Lawyers in America for his work in the practice area of Arbitration, 2016-2025
    • Recognized as Best Lawyers' Boston "Lawyer of the Year" for Mediation, 2024
    • Liberty Bell Award, Middlesex Bar Association, 1999
    • Chairman, Massachusetts Commission on Judicial Conduct, 2009-2010 (Member, 2004–2010)
    • Chair, Superior Court’s ad hoc Civil Steering Committee (developed, implemented Superior Court’s Firm/Fair Trial Date Initiative), 2004-2008
    • Chair, Superior Court’s Civil Committee, 2005-2007
    • Member, Supreme Judicial Court’s Standing Committee on Dispute Resolution, 2002-2004
    • Chair, Superior Court’s Subcommittee on Alternative Dispute Resolution, 2001-2004
    • Judicial Chair, Massachusetts Bar Association’s Superior Court Practice Bench-Bar Committee, 2002-2004
    • Team Leader and Lecturer, Massachusetts Continuing Legal Education, Inc.’s Trial Advocacy Workshop, 2003
    • Co-Chair, Flaschner Judicial Institute’s Science and Technology Curriculum Advisory Board, 2000-2003
    • Member, Watertown, Massachusetts Zoning Board of Appeals, 1983-1992

    Publications

    • Co-Author, “Continuity and Change in the Business Litigation Session,” Boston Bar Journal, 2008
    • Author, “The Role of the Commission on Judicial Conduct in Judicial Discipline and Enhancement,” Boston Bar Journal, 2005
    • Judicial Commentator, Massachusetts Superior Court Civil Practice Manual, MCLE, 1997

    Background and Education

    • Judge, Massachusetts Superior Court, 1992-2011
      • Associate Justice, 1992-2011
      • Regional Administrative Justice for Civil Business for Middlesex County, 1998-1999, 2001-2004
    • Partner, Goodwin, Procter & Hoar, Boston, MA, 1986-1992
    • Partner, Herrick & Smith, Boston, MA, 1981-1986; Associate 1973-1980
    • Trial Lawyer concentrating in complex civil litigation, including securities, broker-dealer, and products liability cases
    • J.D., Harvard Law School
    • B.A., cum laude, Amherst College
    Counsel Comments
    • “I was impressed with Judge Neel and the JAMS team from the very beginning of the Zoom mediation process.  It was clear to me that JAMS has conducted extensive training to prepare and made every effort to ensure that the mediation was secure, efficient, and as close as possible to the in-person experience.  JAMS’s had dedicated technological support to ensure that the cameras/sounds/lighting/Zoom platform function.  We even had a “test” session to work out any kinks, which I found quite helpful.  I had no concerns about online security or safety.  I am certain that the mediation would have worked out the same way if we had all been in one location, and my client was able to save the cost/time associated with travel from California in the process.  I plan to use Judge Neel and JAMS in the future based upon my experience.”  
    • “You got the parties speaking a common language, you made both sides more realistic about the strengths and weaknesses of our cases, and you brought to bear just the right combination of urgency and patience.”  
      - Prominent Boston Attorney
    • “He was a gem of a judge and shines equally bright as a mediator with his calm and thoughtful approach to highly emotional cases. I look forward to an opportunity to work with him again, soon.”
      - Prominent Litigation Attorney
    • “You brought sensitivity and wisdom to a case that was particularly complicated and difficult. Thank you for the way in which you treated us, and for guiding us through a long day. We very much look forward to working with you again.”
      - Litigator leading Boston firm
    • “Going into our mediation I had little-to-no hope of settlement. You did an outstanding job of handling and facilitating a very complicated situation. Your touch/interaction with my clients was perfect."
    • "Mediation can be tense and emotional. You did a fantastic job of dealing with the issues as well as the personalities involved.”
      - Employment Litigation Partner
    • “Judge Neel was outstanding and the mediation was very well organized.”
    • “Judge Neel remained patient and attentive during a long process.”
    • “Judge Neel communicated very effectively and sensitively with the parties and their counsel throughout the process.”
    • “Judge Neel spent a year with the parties to bring an intractable 25-year-old dispute to resolution. We selected Judge Neel for his intellectual power and practical experience -- but what made the most difference in the end was his personal dedication to the case. When the settlement was about to fall apart over a weekend during the winter holidays, he got each of the lawyers on the phone and by Monday the settlement was back on track.”
    • “Judge Neel did an excellent job. He made my client feel like a significant player in the process and made every effort to relate to her. That was most helpful.”
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