Edward P. Boyle

Partner

Ed Boyle is chair of Venable's Commercial Litigation Practice Group in New York and a co-chair of the firm's Class Action Defense Group. Ed focuses on litigating difficult disputes among parties to complex investment, financing, services, licensing, and other business transactions. To cite a few recent examples, he has represented clients in disputes over enforcement of RMBS indemnification agreements, agreements regarding the licensing of an artist's intellectual property rights, earn-out provisions in merger and asset purchase agreements, and rights and obligations under hotel management agreements, financing agreements, and real estate development agreements. Ed has also defended clients in class actions concerning advertising and marketing practices and data privacy issues. He serves clients in the financial services, hotel and hospitality, technology, professional services, consumer products, food, retail sales, digital advertising, art, media, and entertainment industries.

Ed has extensive experience litigating in federal and state courts in New York and throughout the United States. He has handled numerous arbitrations and mediations, including a recent arbitration award granting his client real estate rights worth more than $100 million. Ed has served as an expert on New York and U.S. law issues in proceedings abroad. He also serves as a court-appointed mediator in employment, civil rights, and consumer protection cases filed in the U.S. District Court for the Southern District of New York, and has successfully mediated settlements in dozens of cases.

After graduating from law school, Ed clerked for the Honorable Joseph M. McLaughlin in the U.S. Court of Appeals for the Second Circuit. He then spent seven years as a litigation associate at Davis Polk & Wardwell in New York, followed by several years as a partner in a commercial and employment litigation boutique. Ed has taught first-year legal writing and advocacy courses at Fordham University School of Law.

Experience

Representative Matters

Commercial Litigation

  • Represents the estate of American artist Robert Indiana (best known for his LOVE design) in federal lawsuits and arbitration, in disputes concerning Indiana's artistic legacy and the rights to produce and sell his valuable works (Southern District of New York; American Arbitration Association)
  • Represents a major global financial institution in lawsuits to enforce its rights to indemnification of millions of dollars paid under settlements of RMBS lawsuits (New York Supreme Court, Commercial Division)
  • Represents a business technology solutions company against claims that company breached earn-out provisions in an asset purchase agreement in connection with the acquisition of a boutique consulting business (New Jersey Superior Court)
  • Won dismissal with prejudice of claims that a business technology company breached contractual earn-out provisions in connection with its acquisition of a healthcare technology business (District of Delaware)
  • Represents an international hotel brand in a lawsuit concerning its termination of a hotel restaurant lease during the COVID-19 pandemic (New York Supreme Court, Commercial Division)
  • Won an arbitration award in a dispute between major New York real estate developers that own adjoining properties in a tax lot on Manhattan's Upper West Side, concerning residential development rights worth $100 million (American Arbitration Association)
  • Won dismissal of claims by the New Mexico attorney general against a digital advertising company that the company was obtaining and using minors' personal data in violation of federal and state law (District of New Mexico)
  • Represented a major public utility in appellate proceedings concerning landowner liability to a contractor's employee (New York Supreme Court, Appellate Division, First Department)
  • Won more than $30 million on summary judgment for a global investment bank in an action to recover unpaid distributions from a liquidation trust (New York Supreme Court, Commercial Division)
  • Won dismissal of a $60 million breach of contract lawsuit against a major investment bank, arising from its decision to cancel financing commitments under a co-investment agreement (Delaware Superior Court)
  • Obtained a settlement worth $31 million for a global hotel management company in litigation concerning its management of an iconic Miami Beach hotel (New York Supreme Court, Commercial Division)
  • Won summary judgment for a major payment processor, prevailing on arguments that the client's set-off rights to a stream of payments from a defunct credit card portfolio were superior to a hedge fund's perfected security interest in the payment stream (New York Supreme Court, Commercial Division). Affirmed on appeal (Appellate Division, First Department)
  • Represented a major investment bank against a hedge fund in litigation arising from the warehouse financing of a planned collateralized loan obligation offering that was cancelled when the market cratered (New York Supreme Court, Commercial Division)
  • Internal investigations for financial services and advertising clients on a variety of issues involving federal and state laws
  • Pre-litigation resolution of numerous disputes for clients in the financial services, technology consulting, professional services, consumer products, advertising, retail, media, and entertainment industries
  • Prior to joining Venable, defended an advertising agency against invasion of privacy claims by Yogi Berra, based on the use of Mr. Berra's name in an advertising campaign (Southern District of New York)

Class Action Defense

  • Represents the producer of a mosquito eradicator product in a putative class action challenging the product's efficacy claims (Eastern District of New York)
  • Represents digital advertising companies in putative privacy class actions, alleging that the client obtains and uses personal data concerning minors, in violation of state and federal laws (Northern District of California)
  • Represented a national consumer products company in a putative consumer class action concerning a "natural" label on client's laundry detergent products (Eastern District of New York)
  • Won dismissal of a consumer class action against a national grocery store chain, which challenged "humanely raised" and "humane environment" labels on our client's house brand chicken products (Ohio Court of Common Pleas). The court held that all of plaintiff's claims were preempted by federal law. Dismissal was affirmed on appeal (Ohio Court of Appeals)
  • On behalf of an Internet advertiser, won dismissal of a putative class action that alleged the client's use of third-party "cookies" violated federal Computer Fraud and Abuse Act, Wiretapping Act, and Electronic Stored Communications Act (District of Delaware). Affirmed on appeal (Third Circuit)
  • Defended a major poultry producer and a national supermarket chain in putative consumer class action lawsuits challenging "humane" designations on poultry product labels (District of New Jersey; Middle District of Florida; Central District of California)
  • Defended a consumer products company, its corporate parent, and its two founders in 16 putative class actions filed around the country, challenging the accuracy of the client's marketing claims concerning the efficacy and ingredients of its weight-loss products (MDL proceeding, District of Massachusetts)
  • Obtained final court approval of a non-cash settlement of a putative class action against a major national footwear company, alleging the company's text messaging program with its customers violated the Telephone Consumer Protection Act (Northern District of California)
  • Defeated class certification in an action against a nonprofit credit counseling company alleging violation of a Georgia consumer protection statute (Northern District of Georgia)
  • Achieved many pre-litigation resolutions of threatened consumer claims against clients in food, consumer products, Internet advertising, and retail industries

Insights

Credentials
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Education

  • J.D. Vanderbilt University Law School 1993
    • Editor in chief, Vanderbilt Law Review, 1992-1993
  • B.A. Duke University 1989
    • Editorial page editor, The Chronicle, 1987 - 1988
    • Columnist, 1987 - 1989

Bar Admissions

  • New York

Court Admissions

  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit

Clerk Experience

  • Honorable Joseph M. McLaughlin U.S. Court of Appeals for the Second Circuit 1993 - 1995

Professional Memberships and Activities

  • Member, Association of the Bar of the City of New York
  • Member, International Bar Association
  • Adjunct associate professor of law, Fordham University Law School, 2000 - 2002

Recognition
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  • Legal 500, Dispute Resolution – Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices – Defense, 2018
  • Chambers USA, Litigation: General Commercial, New York, 2012 – 2021
  • Super Lawyers, Business Litigation, New York Metro, 2007 – 2018, 2020
  • BTI Consulting Group, Client Service All-Star, 2020

Community
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Pro Bono

  • Volunteer mediator, U.S. District Court for the Southern District of New York, 2011 - present