Edward P. Boyle

Representative Matters

Commercial Litigation

• Represents a business technology solutions company in an earn-out litigation (New Jersey Superior). Won dismissal with prejudice of an unrelated earn-out lawsuit (District of Delaware)
• 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. After a two-day trial, the arbitrator declared that our client had unfettered contractual rights to decide whether to consent to a residential development proposed for the neighboring lot
• Represents a major public utility in appellate proceedings concerning landowner liability to a contractor’s employee who is injured on the landowner’s premises
• Won more than $30 million on summary judgment for a major 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, disposing of a hedge fund’s claims of conversion concerning payments from a defunct credit card portfolio (New York Supreme Court, Commercial Division). The decision was affirmed on appeal, confirming that the processor’s rights to payment were superior under Article 9 of the U.C.C. (Appellate Division, First Department)  
• Represented a major investment bank against a hedge fund in litigation arising from the warehouse financing of a collateralized loan obligation (CLO), where the hedge fund had agreed to participate in $24 million of the bank’s risk of first loss in the warehouse while the CLO was being formed   The CLO was cancelled when the market cratered, and the hedge fund sued to recover the amounts it had paid to date. In return, the bank claimed to recover the amounts remaining due under the agreement (New York Supreme Court, Commercial Division)   
• Internal investigations for financial services and advertising clients on a variety of issues involving federal and state laws
• 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

Class Action Defense

• Represents 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).
• 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; District of New Mexico)
• 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)
• Won dismissal of a putative class action alleging an Internet advertiser, alleging that 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) 
• Many pre-litigation resolutions of threatened consumer claims against clients in food, consumer products, and retail industries

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

• 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 – 2020
• Super Lawyers, Business Litigation, New York Metro, 2007 – 2018

Pro Bono

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