Biography

Scott A. Birnbaum is a partner in the firm. Mr. Birnbaum's practice focuses on business litigation, including employment disputes, trade secrets, contracts, technology licensing, business acquisitions, trademark, copyright, legal malpractice and securities litigation. He has substantial trial and arbitration experience, and is a certified mediator in the United States District Court, District of Massachusetts.

Mr. Birnbaum concentrates his practice on business litigation, where he has successfully litigated complex commercial matters involving, among others, claims of business valuation, breach of fiduciary duty, and corporate dissolution. Mr. Birnbaum also has extensive experience advising and defending clients in a wide variety of employment matters, including non-competition, non-solicitation, earn-out and freeze-out disputes. Mr. Birnbaum's clients include financial institutions, software developers, hardware manufacturers and distributors, pharmaceutical companies, and business executives.

Mr. Birnbaum holds the highest (AV) rating given by the Martindale-Hubbell Law Directory.

Representative Cases:

Intra-Enterprise Disputes

• Represent General Partner of private equity funds in arbitration with limited partners before the American Arbitration Association. Case involves claims of breach of contract, dissolution and breach of fiduciary duty.

• Represent financial institution in dispute with former founder concerning valuation of partnership interest.

• Represent software company and board members in alleged corporate freeze-out case.

• Represented 50% shareholder of corporation in Massachusetts action seeking dissolution of corporation.

Software/Hardware Development Disputes

• Represented several software developers in federal and state court cases as well as arbitrations involving allegations of breach of warranty and out-of-scope designs.

• Represented international computer consulting and systems integration company in several customer disputes relating to claims that software systems were improperly designed and developed.

Licensing Disputes

• Represented medical device manufacturer in licensing dispute with public university patent holder.

• Represented manufacturer of environmental detection equipment in patent license dispute with inventor. Negotiated and drafted new patent license with licensor.

Non-Competition and Employment Matters

• Represented employees and employers in numerous non-competition and non-solicitation disputes.

• Advise senior executives and companies concerning separation and severance issues.

• Represent senior employee in ERISA dispute against former employer.

• Represent companies and individuals in stock option disputes.

• Represented founder of company in dispute concerning an earn-out payment following acquisition by a public company.

Legal Malpractice

• Represent individuals and companies in legal malpractice disputes arising from representation in corporate transactions.

Securities

• Represented customers and securities firm in broker-dealer disputes concerning unauthorized trading, inappropriate investments, and improper execution.

• Represented software developer and senior officers in shareholder class action lawsuit involving accounting for acquisitions. Investigated potential accounting malpractice action against company's former independent accountants.

• Represent financial services firm and its employee in action involving alleged stock manipulation and defamation of public company.

Civil Rights

• Represented national automobile rental company in a racial discrimination matter tried to a jury in U.S. District Court.

Professional Experience

Birnbaum & Godkin, LLP, Founder and Partner, 2005 - present

Birnbaum & Associates, P.C., Founder and Partner, 2000 - 2005

Testa, Hurwitz & Thibeault, LLP, 1994 - 2000, Partner in Litigation Practice Group
    Associate 1987-1993

United States District Court, District of Massachusetts, Hon. Frank H. Freedman, Law Clerk, 1985-1987

Education

Boston College Law School, Boston, Massachusetts, 1984, J.D. Honors: Magna cum Laude

Brandeis University, Waltham, Massachusetts, 1981, B.A. Honors: Cum Laude

Professional Affiliations

American, Massachusetts and Boston Bar Associations

Bar Admissions

Massachusetts, 1985
U.S. District Court, District of Massachusetts, 1987
U.S. Court of Appeals, First Circuit, 1989