Profile
James P. Ponsetto is a trial attorney in the Boston office of GT with broad experience managing complex business, land use, and other civil disputes. He has served as counsel for corporations and individuals in federal and state courts, before arbitration panels, and in connection with mediation proceedings. He has defended against and prosecuted a variety of claims, including those arising in or from real property takings by eminent domain; class action suits; intellectual property disputes; consumer protection matters under G.L. c. 93A (prohibiting unfair and deceptive conduct in trade or business); lender liability claims (including Truth-in-Lending disputes and other claims arising in connection with residential foreclosures); employment disputes (management side), bankruptcy; tax disputes; and related civil matters. His land use background includes work for both municipal taking authorities and property owners concerning issues of compensation for partial and complete takings, as well as to the validity of the taking itself. His bankruptcy experience has included the defense of clients involved in bankruptcy related adversary proceedings and contested matters.
Concentrations
- Business and commercial disputes between individuals and companies, including unfair methods of competition, unfair or deceptive business practices, and trade secrets disputes
- Eminent domain/land use matters
- Qui Tam (False Claims Act) litigation
- Class action litigation
- Employment claims, including those involving the misappropriation of intellectual property and other proprietary information, and breaches of non-compete and non-solicitation obligations
- Lender liability, including Truth-in-Lending issues and other issues arising in residential foreclosures
- Commercial landlord-tenant disputes
- Securities arbitration
- E-Discovery matters
- Appellate work
Capabilities
Experience
- Cobble Hill Center LLC v. Somerville Redevelopment Authority, 487 Mass. 249 (2021)
- Giannasca v. Deutsche Bank Nat'l Trust Co., 95 Mass. App. Ct. 775, 778 (2019)
- Represents Boston College in ongoing litigation in Land Court and Superior Court stemming from the City of Newton’s taking of real property owned by Boston College in Newton for conservation purposes. Trustees of Boston College v. City of Newton.
- Represents the Town of Nahant in ongoing Superior Court litigation concerning a taking by Nahant of conservation and recreational easements over a portion of Northeastern University’s property in the East Point area of Nahant. Town of Nahant v. Northeastern University and 12.5 Acres of Land.
- Represents MGM in ongoing Superior Court class action litigation stemming from allegations that MGM failed to provide to casino patrons notice concerning the availability of certain gambling data. Katopodis v. Blue Tarp Redevelopment, dba MGM Springfield.
- Represented the City of Somerville in multiple pieces of litigation in Superior Court involving the defense of the City arising from real property takings by eminent domain, including the defense of an owner’s challenge of a Somerville demonstration project.
- Represented the Commonwealth of Massachusetts in Superior Court litigation concerning a taking by the Commonwealth of real property and improvements on which Saint Elizabeth's Hospital operated. St. Elizabeth’s LLC v. Commonwealth of Massachusetts.
- Represented national jewelry retailer in the defense of nationwide consumer-based class action alleging unfair and deceptive trade practices. Summary judgment entered in favor of defendant retailer. Ferreira v. Sterling Jewelers, Inc., et. Al.
- Represented national clothing retailer in the defense of a consumer-based class action alleging unfair and deceptive trade practice. Case dismissed with no payment to putative class representative. Derby v. Brooks Brothers, Inc..
- Acted as litigation counsel for Larry Winget, sole shareholder of Michigan-based Tier-1 automotive supplier, and for various companies owned or controlled by him, in connection with contested confirmation proceeding in the U.S. Bankruptcy Court for the Eastern District of Michigan, and related, protracted adversary proceedings, culminating in an advantageous global settlement in 2011. In re NM Holdings Company, LLC.
- Acted as litigation counsel for bankruptcy trustee in the U.S. Bankruptcy Court for the District of Delaware in separate contested matters related to claims by Nova Scotia unlimited company (ULC) against its sole member to recover for the ULC’s outstanding debts and liabilities, including obligations to satisfy bondholder claims. In re AbitibiBowater, Inc. and In re Smurfit Stone Container Corporation.
- Acted as litigation counsel for lender, Metropolitan Life Company, in the U.S. Bankruptcy Court for the Southern District of New York, concerning motion to dismiss Chapter 11 case of debtor/real estate special purpose entity to which client extended significant loan. In re General Growth Properties.
- Acted as litigation counsel for debtor in the United States Bankruptcy Court for the District of Delaware in connection with complaint for specific performance against foreign buyer who failed to close 363 acquisitions of debtors’ assets. In re Syntax-Brillian Corp.
- Acted as litigation counsel for commercial landlord in the U.S. Bankruptcy Court for the Southern District of New York in successful eviction proceedings involving Rockefeller Center commercial tenant. In re Fifth Avenue Restaurant Acquisition Corp.
- Acted as litigation counsel for a Deutsche Bank mortgage subsidiary in connection with the defense of a lender liability claim involving TILA claims and related GL c. 93A claims. DeSimone v. MortgageIT.
- Acted as arbitration counsel for Nichols College in connection with a claim against a general contractor to recover for the defective design and construction of an athletic complex. Nichols College v. Rosewood Development.
- Acted as arbitration counsel for multiple broker-dealers in connection with various customer claims, including but not limited to allegations of unsuitability, churning, breach of fiduciary duty, unauthorized trading and related claims.
Recognition & Leadership
- Member, Boston Bar Association
- Member, Massachusetts Association of Trial Lawyers
Credentials
Education
-
J.D., New England School of Law
- New England Law Review
- B.A., College of the Holy Cross
Admissions
- Massachusetts
- U.S. Tax Court
- U.S. District Court for the District of Massachusetts
News, Insights & Events
James is a contributor to the Consumer Products Counselor Blog 