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Boston MA 02110-2210
TEL: 617.482.0600
FAX: 617.482.0604
Practice Areas
Education
- Boston College (J.D., cum laude, 1999)
- State University of New York at Albany (B.A., cum laude, 1995)
Bar & Court Admissions
- Commonwealth of Massachusetts
- U.S. District Court, District of Massachusetts
- U.S. Court of Appeals, First Circuit
An associate in the AP&S Boston office focusing on commercial and securities litigation at both the trial and appellate levels in both state and federal courts, Ted Whitesell has successfully handled numerous complex, high-stakes matters for a wide spectrum of clients, including an appeal to the Massachusetts Supreme Judicial Court on an issue of first impression involving the Massachusetts Securities Act.
His cases have included contract disputes, investor protection actions, trade secret and intellectual property disputes, and bankruptcy proceedings. He has also been involved in defending a wide range of tort actions involving asbestos, products liability, property damage and personal injury claims.
Previously, as an associate at Boston’s Rich May, PC, he worked on various corporate matters, including securities, mergers and acquisitions, and secured and unsecured loan transactions.
Significant Matters
- In a defamation action, successfully argued an appeal to the Massachusetts Appeals Court on behalf of a condominium trust and its security guard for reversal of a denial of a special motion to dismiss under the Massachusetts anti-SLAPP statute. Ted also successfully argued for attorneys' fees in connection with both the litigation and the appeal.
- Successfully argued for summary judgment on behalf of a general contractor in a wrongful death action, on an open issue of law involving the Massachusetts Workers’ Compensation statute. Ted then briefed and argued that the decision be upheld before the Massachusetts Appeals Court, where the case remains pending.
- Drafted briefs for successful argument on a case of first impression to the Massachusetts Supreme Judicial Court, regarding a hedge fund’s liability to a pension fund investor under the Massachusetts Blue Sky Laws.
Currently represents:
- Two large pension funds, one public, in related lawsuits arising from investments in over-the-counter foreign currency options.
- A private pension fund in a lawsuit brought against a hedge fund manager for Massachusetts Securities Act violations.
- An individual investor in a Blue Sky Law claim against an investment fund involved with investments in residential mortgage-backed securities.
- A security company in varied litigation, including personal injury cases, a wrongful death case, and a civil rights claim.
- A home builder in a property damage case.
- A machinery manufacturer against personal injury claims in products liability litigation.
- Two large national building contractors in contract disputes.
Honors & Distinctions
- Cum laude graduate, Boston College Law School, serving as managing editor Uniform Commercial Code Digest and summer intern, New York County District Attorney’s office.
- Named a Massachusetts Rising Star in 2008 and 2009 by the publishers of Super Lawyers, recognizing him as an outstanding young attorney in the Boston legal community.
Professional Affiliations
- Defense Research Institute
- Massachusetts Defense Lawyers Association.
News
- AP&S Wins Appeal in Anti-Slapp Case
- 30 AP&S Attorneys Named to New England Super Lawyers 2009
- Favorable Court Decision in Wrongful Death Case
Case Studies
