Hon. Edward (Ned) P. Leibensperger (Ret.) joins JAMS following eight years on the bench of the Massachusetts Superior Court. During his tenure, Judge Leibensperger was selected to preside in the highly regarded Business Litigation Session. Prior to being appointed to the court, he had a distinguished career as a trial lawyer and was recognized by Best Lawyers in America for “Bet the Company” litigation. He is a member of the American College of Trial Lawyers.

Judge Leibensperger earned a reputation for being fair and decisive. On the bench, he demonstrated an extraordinary ability to grasp issues quickly and fashion fair resolutions. As a retired judge and a seasoned trial lawyer with decades of experience, he knows not only the law, but also the dynamics of representing a client and the obstacles to settlement. 

Prior to being appointed to the court, Judge Leibensperger practiced for 30 years at Nutter McClennen & Fish, and for seven years as a partner at McDermott Will & Emery. He represented clients in high-stakes litigation, including corporate disputes, shareholders suits, professional liability claims, class actions and insurance coverage cases. He earned a national reputation as an expert in trying difficult and high-profile cases involving financial and fiduciary issues and complex accounting questions.

ADR Experience and Qualifications

• Served as chair of panel of three arbitrators to resolve complex accounting issues following a $360 million sale of a business
• Mediated a dispute arising from a billion dollar acquisition concerning allocation of tax liabilities and refunds 
• Mediated a resolution of claim by Australian distributor of wrongful termination of exclusive distribution agreement
• Obtained settlement in mediation of dispute between purchaser and seller of enterprise management software and services
• Resolved insurance coverage disputes under Directors and Officers policy
• Successfully mediated intra-family dispute regarding trusts holding millions of dollars and multiple parcels of real estate
• Mediated dispute between former CEO and his company involving Wage Act claims and counterclaims for breach of fiduciary duty
• Mediated claim by a public body alleging accounting malpractice against two accounting firms
• Mediated a solution to dispute between retailer of consumer goods and its supplier for responsibility for defective product, including consequential damages
• Mediated claim of freeze out of 30% shareholder in a company doing business in China, and counterclaims by company for breach of fiduciary duty
• Participated in numerous arbitrations, both as an arbitrator and an advocate
• Participated as a litigant in scores of mediations, observing mediation styles and methods
• Settled cases in a wide variety of matters, including business/commercial, class actions, employment, family business, insurance and professional liability
• Available to resolve disputes remotely through a number of videoconferencing options

Representative Matters

• Accounting/Finance
• Represented two of the then Big Five accounting firms and several regional firms in defense of malpractice claims
• Represented two of the then Big Five accounting firms in response to SEC investigations
• Business & Commercial
• Presided over three-week, jury-waived trial concerning deceptive marketing practices of a major cigarette manufacturer
• Decided breach of fiduciary duty claims arising from a proxy contest for board seats of a publicly traded company
• Resolved claims of shareholders challenging the EMC/Dell Computer merger
• Adjudicated a claim under Uniform Commercial Code after premature termination of a multi-year supply contract
• Resolved numerous close corporation and family business disputes
• Represented major law firms in malpractice litigation
• Represented minority shareholders in fraud and breach of fiduciary duty cases against majority shareholders, recovering millions of dollars
• Conducted jury trial and issued post-trial rulings in a breach of contract claim by a broker dealer
• Litigated a two-week arbitration case involving claims of partnership breach and valuation of partnership interests in a multi-million-dollar oil company
• Class Action & Mass Tort
• Defended officers and directors in SEC investigations and class action securities cases
• Adjudicated numerous motions for class certification
• Employment Law
• Resolved numerous Wage Act claims by executives and others, including class claims
• Litigated and presided over employment discrimination claims
• Insurance
• Tried a three-week case involving an insurance coverage dispute arising from a commercial construction contract
• Represented policyholder in a claim for directors and officers liability coverage, obtaining multi-million-dollar recovery
• Intellectual Property
• In a trade secret dispute involving bet-the-company biotech discoveries, decided multiple issues concerning the scope of claims, counterclaims and discovery disputes
• Professional Liability
• Adjudicated numerous legal malpractice cases, including anti-SLAPP motions
• Represented major law firms in legal malpractice cases

Honors, Memberships, and Professional Activities

• Boston Bar Association
  • President, 2005–2006
  • Chair, Section of Litigation
  • Special Committee on Model Code of Professional Responsibility
• Treasurer, Boston Bar Foundation, 2008–2010
• American Bar Association, Section of Litigation
  • Division Director, 1998–2000
  • Member of Governing Council, 1994–1997
  • Member, Federal Practice Task Force
  • Co-Chair, Trial Attorney Advisory Board
  • Co-Chair, Committee on Corporate Counsel
• Fellow, American College of Trial Lawyers, 1995
• Special Recognition, 2010 Supreme Judicial Court's Adams Pro Bono Publico Award 
• Special Assistant Attorney General, 1991–1992

Background and Education

• Justice, Massachusetts Superior Court, 2010–2018
• Partner, McDermott Will & Emery, 2004–2010
• Partner, Nutter McClennen & Fish, 1974–2004
• J.D., summa cum laude, Ohio State University Moritz College of Law, 1974
• B.A., magna cum laude, Muskingum University, 1970
• Certified Public Accountant, Ohio (inactive license)