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Edward Leibensperger

Hon. Edward P. Leibensperger (Ret.)


Case Manager
Christopher Justis
T: 617-228-9168
F: 617-228-0222
One Beacon Street, Suite 2210, Boston, MA 01721

Biography

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 highly intelligent, a good listener, fair and creative. 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 and handled corporate disputes, shareholders suits and professional liability 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

  • Mediated a resolution of claim by Australian distributor of wrongful termination of exclusive distribution agreement
  • Obtained settlement in mediation of dispute between purchaser and seller of enterprise management software and services
  • Mediated a dispute arising from a billion dollar acquisition concerning allocation of tax liabilities and refunds 
  • Participated in numerous arbitrations, both as an arbitrator and an advocate
  • Participated as a litigant in scores of mediations, observing mediation styles and methods
  • Settled cases in a wide variety of matters, including business/commercial, class actions, employment, family business, insurance and professional liability

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

  • Served on panel of three arbitrators to resolve complex accounting issues following a $360 million sale of a business
  • 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 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
  • Boston Bar Association
    • President, 2005–2006
    • Co-Chair, Judicial Response Task Force
    • Chair, Section of Litigation
    • Special Committee on Model Code of Professional Responsibility
  • Treasurer, Boston Bar Foundation, 2008–2010
  • American Bar Association, Section of Litigation
    • Division Director, 1998–2000
    • Member of Governing Council, 1994–1997
    • Member, Federal Practice Task Force
    • Co-Chair, Trial Attorney Advisory Board
    • Co-Chair, Committee on Corporate Counsel
  • Fellow, American College of Trial Lawyers, 1995
  • Special Assistant Attorney General, 1991–1992
  • Associate Justice, Massachusetts Superior Court Session, 2010–2018
  • Partner, McDermott Will & Emery, 2004–2010
  • Partner, Nutter McClennen & Fish, 1974–2004
  • J.D., summa cum laude, Ohio State University Moritz College of Law, 1974
  • B.A., magna cum laude, Muskingum University, 1970
  • Certified Public Accountant, Ohio (inactive license)

Counsel Comments

    • “If the concept of integrity could be personified, we would be looking at the face of Judge Ned Leibensperger.  Both in his many years as a leader of the Bar, and as an esteemed member of the judiciary, Judge Leibensperger was respected by all.”
      - Top Boston Lawyer
    • “Judge Leibensperger was a lawyer’s judge.  As a seasoned trial lawyer with decades of experience, he knows not only the law but the dynamics of representing a client and the obstacles to settlement.  He has the intelligence, skills and judgment of a trial lawyer that truly make a great mediator.  At the same time, he has the experience of being a judge and the ability to explain to the parties how a case will be regarded by a judge and jury, skills also that make a great mediator.  Finally, he does not have black robe disease, so he will be a pleasure to work with.”  
      - Prominent Boston Bar Attorney
    •  “Judge L. is uniquely qualified to mediate complex commercial cases as he has litigated them at a very high level on both sides and sat in the Business Litigation Session and decided such cases. He very intelligent, fair and creative. On the bench, he demonstrated an extraordinary ability to grasp issues quickly and fashion fair resolutions. He has a judicial temperament that commands respect such that clients will listen carefully to his insights and recommendations. He is an excellent alternative for resolution of complex commercial cases.”
      - Founding Partner
    •  “Judge Leibensperger’s civil practice skills are the best, his demeanor is excellent, his best trait is he listens, he ruled promptly, and he was decisive……….all the qualities you want in a judge or mediator or arbitrator.”
      - Fellow, American College of Trial Lawyers
    • “Judge Leibensperger will be a highly effective mediator given his combination of extensive experience, intelligence, and judicial demeanor. I look forward to having him as a mediator, and will enthusiastically recommend him to others.”
      - Nationally Recognized Employment Lawyer
    • “The judge and I were arbitrators on a three person panel for a large commercial arbitration. The case was ably tried by first rate lawyers, lasted for several weeks and presented complex legal issues. Judge Leibensperger’s judicial demeanor, evidentiary rulings, reasoning and, ultimately, his opinion were superb. He also was a pleasure to work with throughout this lengthy proceeding.”
      - National Trial Lawyer and Arbitrator
    • “When he was in private practice, Ned handled a complex arbitration proceeding for our company.  He was the consummate professional demonstrating a combination of high intellect and appropriate demeanor in effectively advocating on our behalf.  I have no doubt that he would make an excellent neutral as a member of the JAMS network.”
      - Senior Vice President & General Counsel
    • “I highly recommend Judge Leibensperger as a neutral in any complex civil case.  As a judge, he has been adept at both helping to resolve cases and, when needed, deciding them in a careful and thoughtful manner.  He has the intellect, patience and perseverance, as well as a deep understanding of complex business issues to assist in resolving these cases, now as a neutral.  He is a wonderful addition to the JAMs stable of excellent neutrals.” 
      - Leading Trial Attorney

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Practice Areas

  • Accounting/Finance
  • Arbitration
  • Business & Commercial Law
  • Class Action & Mass Tort
  • Employment Law
  • Estates/Probate/Trusts
  • Insurance
  • Intellectual Property
  • Professional Liability
  • Real Property
Available nationwide

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