In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act. This litigation trend has accelerated over the past year and shows no signs of slowing down.
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Matthew P. Horvitz
Matt Horvitz is a trial lawyer with extensive experience with all phases of litigation, dispute resolution and avoidance. Matt believes that litigation is a tool for protecting his clients' interests and achieving their objectives, whether through trial and appeal or negotiated settlement. His approach is client-centered, pragmatic, and above all focused on achieving efficient results.
Brand and Reputation Protection and Intellectual Property
- Successfully obtained summary judgment dismissing trademark-infringement lawsuit brought against a Fortune 500 client’s advertising campaign and related consumer products.
- Investigated unauthorized disclosure of client’s confidential and proprietary information in a published academic journal, which included the coordination of successful efforts to remove such information from publicly available sources and enforcement efforts against individuals located in South Africa and India.
- Represented software consulting company in state court litigation and obtained a jury verdict exonerating clients from claims of misappropriation of confidential, proprietary information and trade secrets under statutory and common law.
- Representation of an international manufacturer of medical devices in federal courts concerning claims of patent infringement and trademark infringement. This representation included a successful application for a preliminary injunction and product packaging recall, which was affirmed by the Second Circuit Court of Appeals.
- Representation of a telecommunications company in patent infringement litigation in the Eastern District of Virginia, Northern District of Georgia, District of Delaware and in a multi-district litigation matter venued in the District of Delaware.
- Successfully obtained dismissal of a copyright lawsuit concerning a Fortune 500 client’s award-winning advertising campaign.
- Representation of Fortune 500 client in trademark litigation in federal courts and, in coordination with co-counsel, overseas to protect famous marks from infringement, dilution and tarnishment.
- Obtained summary judgment in state court litigation favorable to clients, which invalidated the non-competition and non-solicitation provisions of an employment agreement under the “material change doctrine” and common-law contract principles.
- Represented an international hotel chain in state court litigation concerning alleged wage act violations, where the client prevailed on summary judgment and secured a favorable settlement.
- Secured summary judgment for national real estate investment and management company, which resulted in the dismissal of all claims in a class action alleging violations of state wage and overtime laws.
- Provide ongoing employment advice and counseling to a national real estate investment and management company.
- Defended national franchising company against class action alleging misclassification of independent contractors under state law.
- Successful defense of numerous lawsuits brought in federal court, state court, and before state administrative bodies concerning claims under the Fair Labor Standards Act, Title VII, the Family Medical Leave Act, the Age Discrimination in Employment Act and parallel state law claims.
Real Estate, Construction and Commercial Matters
- Representation of clients involved in commercial lease disputes.
- Secured prompt and favorable settlement of construction-related and mechanics’ liens claims brought against clients’ commercial properties and development projects.
- Represented commercial developers and investors in multiple pre-litigation and litigation matters concerning real estate financing and related efforts to seek self-help and expedited foreclosure actions.
- Representation of various entities and individuals in state and federal court actions involving breach-of-fiduciary duty claims and close shareholder disputes under Massachusetts and Delaware law.
The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles. This is also great news for retailers, as drone popularity continues to soar with overall electronics sales.
The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. In fact, ADA-related litigation increased by 37% from 2015 to 2016.