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Howard M. Cooper

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Howard M. Cooper is a Founding Partner of Todd & Weld LLP. Mr. Cooper's experience includes over two decades of extensive trial practice in both state and federal courts, before administrative agencies and in arbitration in the areas of complex business litigation and criminal defense.  Mr. Cooper regularly represents clients in major civil cases in the areas of real estate and partnership litigation, contract matters, franchise disputes, class action litigation, civil rights, and First Amendment law.  On the criminal side, Mr. Cooper regularly handles major white collar criminal cases from the investigatory stage through trial and appeal.  This includes the defense of organizations and individuals targeted for prosecution in federal and state court.

Mr. Cooper has successfully represented numerous individuals and companies in a wide variety of matters. This has included, for example, the successful defense of a large automotive distributor sued in a civil RICO and anti-trust class action by its New England franchised dealers. The dismissal of the case in the United States District Court of New Hampshire after several years of litigation was later affirmed by the 1st Circuit Court of Appeals in Lussier v. Subaru of New England, et al (393 F.3d 36) (2004).

Mr. Cooper successfully defended the purchaser and redeveloper of the Necco Candy Building in Cambridge against a $40 million claim brought by The Lyme Timber Company and others, a judgment which was upheld by the Massachusetts Appeals Court in DSF Investors LLC v. The Lyme Timber Company, et al (67 Mass. App. Ct. 1110, 854 N.E.2d 1267)(2006).

Mr. Cooper has also successfully defended an adoption agency sued over an international adoption in a case of first impression in Massachusetts in Forbes v. The Alliance for Children, Inc. (Suffolk Superior Court, 1999).

Examples of Mr. Cooper's successes on the criminal side include the successful defense of a professional basketball player in a complex sexual assault case, the defense of executives in white collar criminal prosecutions, and his achieving recognition by the 1st Circuit Court of Appeals in United States v. Bradstreet (207 F.3d 76)(2000) of a previously unrecognized basis for a sentencing departure in a white collar criminal case of first impression.

Mr. Cooper's trial successes have included the widely reported case resulting in a $2.1 million jury verdict on behalf of Massachusetts Superior Court Judge Ernest Murphy against The Boston Herald. That decision has been hailed nationally as a landmark public figure defamation case important to the independence of the judiciary. The jury verdict in favor of the judge was recently upheld by the Massachusetts Supreme Judicial Court in Murphy v. Herald, et al. (449 Mass. 42, 865 N.E.2d 746) (2007). In its unanimous decision, the SJC commented that as a result of Mr. Cooper's cross-examination of the Herald reporter who wrote the stories about Judge Murphy, the reporter's credibility at trial was left “in tatters.”

Mr. Cooper has handled other cases on behalf of Judges and public officials which have been widely reported on in the legal and other press including his procuring an on-air apology from WEEI talk show hosts Dennis and Callahan for making allegedly defamatory statements about members of a prominent North Shore family.  Mr. Cooper successfully sued the Virgin Islands Commission on Judicial Disabilities to stop disciplinary proceedings against a sitting Territorial Judge based upon his bail and sentencing decisions.  The case is reported at Hon. Leon A. Kendall v. Sen. Ronald E. Russell et. al., 49 V.I. 602 (2008).

Mr. Cooper argued successfully in the Supreme Judicial Court in The Cadle Company v. Jan Schlichtmann 448 Mass. 242, 859 N.E.2d 858)(2007) establishing important precedent under the Massachusetts Anti-Slapp statute.

In the area of civil rights, Mr. Cooper successfully represented a Boston area Islamic group attempting to build a Mosque and Cultural Center in Roxbury. Mr. Cooper's representation of the Boston area Muslim community in that case has been widely described as courageous, and he received an award presented by Boston area Muslims thanking him for his commitment to civil rights and religious freedom.

Mr. Cooper currently represents South Middlesex Opportunity Council, an anti-poverty agency, in its civil rights case against the Town of Framingham and others in which the agency seeks to secure fair housing rights for the disabled in the community.

Mr. Cooper's practice also includes representation of companies and individuals who are the subject of investigations before licensure boards, and advising clients generally about their rights, obligations and potential liabilities before litigation arises.

Related News
Related News
Todd & Weld Wins Significant Victory in Closely-Held Corporation Dispute

Federal Appeals Court Upholds Landmark Constitutional Ruling Vindicating Independence of Judiciary

Howard M. Cooper was a panelist on a presentation re: the “New Massachusetts Guide to Evidence"

Landmark constitutional ruling upholding the independence of the judiciary

Ten Attorneys from Todd & Weld LLP Named "Massachusetts Super Lawyers"

Todd & Weld Successfully Defends $30 Million Church Property Dispute

Appeals Court affirms dismissal of claims against state employee

Todd & Weld Negotiates Settlement in Claim against Radio Station to Include Rare On-Air Apology

"Brief Writing in the SJC and Appeals Court"

Todd and Weld LLP Assists Area Muslims In Building Of A Mosque And Center for Inter-Faith Dialogue

Appeals Court Upholds Todd & Weld's Victory

Todd & Weld obtains dismissal and attorneys' fees for commercial landlord in tenant suit

2006 Communications Law seminar

Nine Attorneys from Todd & Weld LLP Named "Massachusetts Super Lawyers"

Appeals Court Upholds Todd & Weld's Successful Defense

Todd & Weld Wins Victory in Defamation Suit

Todd & Weld Secures Two of the Top Massachusetts Jury Verdicts in 2005

Howard Cooper Named as a Massachusetts Lawyer of the Year

Massachusetts Newspaper Pubishers Association

Trial Tactics

Todd & Weld Client Vindicated

Practice Areas
Practice Areas
Bar Admissions
Bar Admissions

Massachusetts (1985)

United States District Court, Massachusetts (1985)

United States Court of Appeals, 1st Circuit (1985)

United States Supreme Court (2007)

United States Court of Appeals, 3rd Circuit (2008)

Admissions pro hac vice in various courts

Education
Education

Boston University Law School, J.D. (1984) magna cum laude, Case and Note Editor, American Journal of Law and Medicine, 1983-1984; Liacos Distinguished Scholar, Hennessey Distinguished Scholar, Tauro Distinguished Scholar

Union College, B.A. (1981) summa cum laude, Phi Beta Kappa, Pi Sigma Alpha, Idol Prize for Creative Writing, Yudis Prize for Creative Writing, Stanley Becker Scholarship Recipient

Background
Background

Founding Partner, Todd & Weld LLP, 1992

Hale and Dorr LLP, Boston, Massachusetts, 1984-1991

Instructor, Boston University School of Law, Boston, Massachusetts, 1989-1992

Professional Activities
Professional Activities

Boston Bar Association

Massachusetts Bar Association

Massachusetts and National Associations of Criminal Defense Lawyers

Criminal Justice Act Panel Attorney, 1994 to present

Publications/Lectures
Publications/Lectures

Panelist, 2009, Presentation of New Massachusetts Guidebook on Evidence, Suffolk Law School

2007 Panelist, Keynote Address, Boston Regional Meeting of the National Lawyers Guild, Suffolk Law School, “Can Muslims Build Mosques in Post 9/11 America?”

2007 Panelist, "Brief Writing in the SJC and Appeals Court," Social Law Library, June 2007

Panelist, 2006 Communications Law seminar on libel, Practicing Law Institute (PLI)

“Enforcement of Contractual Release and Hold Harmless Language in ‘Wrongful Adoption' Cases,” Boston Bar Journal, May/June 2000

Periodic Panelist of MCLE seminars typically regarding trial advocacy

Awards/Achievements
Awards/Achievements

Listed in the Top 100 Super Lawyers for Massachusetts and New England, 2009

Selected by peers for inclusion in the 2005, 2006, 2007, 2008 and 2009 editions of The Best Lawyers in America

Named one of ten “2005 Lawyers of the Year” by Lawyers Weekly

Recognized in the November 2004 - 2009 editions of Boston Magazine as a "Massachusetts Super Lawyer" in general litigation

Recognized in the November 2004 edition of Boston Magazine as a “Top 100 Massachusetts Super Lawyer”

Civic & Charitable Involvement
Civic & Charitable Involvement

Chairman of the Board, Alliance for Children Foundation, Inc.

Co-Founder, Bear Spot Foundation for Equine Assisted Psychotherapy

Editorial Board, Lawyer's Weekly (1998-2003)