Menu

Howard P. Blatchford, Jr., Litigation Attorney

Howard P. Blatchford, Jr.
Boston, Massachusetts • howard.blatchford@gmail.com • linkedin.com/in/howardblatchford

PROFILE
Litigation Attorney
Trials and Appeals
Legal Analysis – Legal Writing and Research – Pre-Trial Litigation and Discovery
Experienced lawyer with sound judgment, strong analytical and writing skills and proven ability to provide
strategic vision and drive tactical implementation of trial and appellate strategies in federal and state litigation.

EXPERIENCE
JAGER SMITH, Boston, Massachusetts, 1987-2016
Partner, formerly Associate
Managed a broad array of commercial, corporate and other litigation. Tried jury and bench cases in the
Superior Court and U.S. District Court. Argued, briefed or consulted upon more than 30 appeals in
state and federal courts. Conducted arbitrations and mediations. Supervised associates and paralegals.
Served as Jager Smith’s in-house ethics counsel.

Appellate Litigation

  • Argued and briefed successful appeal to the Supreme Judicial Court in a case involving issues of first
    impression concerning the law of negotiable instruments, abrogating the federal holder in due course
    doctrine in Massachusetts and vacating a judgment against the maker of a promissory note.
  • Argued and briefed successful appeal to the Supreme Judicial Court resulting in a reversal of judgment
    in a case involving eminent domain takings made pursuant to a colonial statute enacted to permit the
    construction of roadways, which county officials invoked to create a public beach.
  • Argued and briefed successful defense of a judgment before the United States Court of Appeals for the
    First Circuit involving the compromise of a former executive’s claim for administrative priority in
    payment of amounts due him under a pre-bankruptcy severance agreement and a post-bankruptcy
    retention agreement.
  • Argued and briefed appeal of a judgment before the United States Court of Appeals for the Fourth
    Circuit involving choice of law issues concerning applicable rate of interest to be awarded to successful
    litigants against the Dalkon Shield Claimants Trust in connection with bankruptcy of A.H. Robins
    Pharmaceutical Co.
  • Successfully defended a judgment before the Massachusetts Appeals Court involving an award of
    stigma damages for land contaminated with hazardous waste.

Trial Litigation

  • Successfully tried claims of a metal refinery for breach of a forward contract before a jury in U. S.
    District Court.
  • Tried trademark infringement and royalty claims before a jury in U. S. District Court.
  • Successfully defended agricultural cooperative as co-counsel in a jury trial in U. S. District Court
    involving claims that a former pesticide formulating facility caused environmental harm.
  • Obtained acquittal in jury trial of businessman charged with commercial larceny.
  • Co-counsel at 3-week Superior Court trial concerning multi-million dollar claims arising from the
    installation of emissions reduction equipment on two generating units in a regional power plant.
  • Represented commercial airline pilot at administrative hearings and subsequent appeal concerning
    termination of his employment, resulting in settlement that provided for his reinstatement as a pilot.
  • Successfully prosecuted ejectment claim of tenant in common at trial in Land Court.

Pre-Trial Litigation

  • Obtained dismissal of claims alleging abuses in the administration of public charities brought by a
    private party asserting special standing to litigate those claims against two non-profit organizations.
    Separately negotiated governance agreements with the Massachusetts Attorney General on behalf of
    those entities. Successfully prosecuted claim before Clients Security Board to recover monies
    misappropriated by clients’ former lawyer.
  • Obtained dismissal of claims under the Securities Exchange Act and the Uniform Securities Act seeking
    rescission of financing agreements for the purchase of securities for the asserted reason that the
    sellers of the securities were unregistered broker-dealers.
  • Co-counsel in partition proceedings in Land Court, resulting in the successful assertion of setoff rights
    by tenants in common who opposed partition of land involving a commercial office building.
    Defended estate in will contest in the Probate and Family Court involving issues of undue influence
    and lack of mental capacity, resulting in withdrawal of the petition on eve of trial.

HARRISON, HARRISON & BLATCHFORD, Gloucester, Massachusetts, 1981-1987
Partner, formerly Associate
General litigation practice involving commercial, criminal, probate and land use matters.

  • Tried jury and bench cases in Superior, Probate and District Courts.
  • Defended complex alter ego litigation brought by U.S. Department of Justice in federal court.
  • Represented clients before the Massachusetts State Ethics Commission and the Board of Registration
    of Certified Public Accountants as well as various municipal agencies.
  • Served as special trial counsel to Gloucester Zoning Board of Appeals.

BAR ADMISSION
Massachusetts, 1981.

EDUCATION
LL.M. Boston University School of Law, Boston, Massachusetts
Banking and Financial Law; Concentration in Securities Regulation.
J.D. Hofstra University School of Law, Hempstead, New York.
B.A. Tufts University, Medford, Massachusetts, Philosophy.

TEACHING
Northeastern University School of Law, Boston, Massachusetts, Lecturer, 2001-2003;
Planned and taught upper-level course on Commercial Law Payment Systems, focusing on Articles 3, 4 and 4A
of the Uniform Commercial Code, related statutes, case law, and regulations of the Federal Reserve Board.

BAR ACTIVITY
Boston Bar Journal Board of Editors, Member, 1989-1993.

HONORS
Martindale-Hubbell, AV Preeminent Rating (1995-2017).

WRITING
“SJC Ruling in Chandler v. County Commissioners of Nantucket: Land-Taking Attempt for Use
Other Than Roadway;” Massachusetts Bar Institute Section Review, Vol. 5, No. 3.

LECTURES
“Stigma Damages in Environmental Litigation;” Boston Bar Association, Committees on
Environmental Litigation and Solid Waste.
“Asset Protection and Fraudulent Conveyances;” John Hancock Mutual Life Insurance Company
Boston General Agency Annual Meeting.

CIVIC
Zoning Board of Appeals, Gloucester Massachusetts, Member, 1991-1994.

FOREIGN LANGUAGE
German; working proficiency; certificated at Level B2, coursework in the United States and Germany through
Level C1, including German for Legal Professionals and Business German.

PROFESSIONAL MEMBERSHIPS
American Bar Association; Boston Bar Association; German American Business Council of Boston