Riemer & Braunstein Llp

Paul S. Samson

Senior Partner / Litigation: Boston Office; 617-880-3555; 617-692-3555 fax; psamson@riemerlaw.com

Paul is the firm’s senior trial attorney and is responsible for handling complex commercial litigation, arbitration and appeals. He is involved in disputes dealing with environmental issues, real estate and construction, as well as litigation under UCC Articles, 2, 4 and 9, and other complex commercial issues. He is particularly experienced in commercial damage issues, including real estate valuation, lost profits and consequential damages.

In addition, Paul has litigated complex financial issues, securities fraud claims and fraudulent conveyance claims, often representing financial institutions. He has handled claims in the context of corporate acquisitions and leveraged buyouts, and other matter involving financial fraud, defalcation and the determination of the solvency of individuals, privately held businesses and public corporations.

Paul has extensive experience in the Massachusetts trial and appellate courts and in the Federal District Court for Massachusetts. He also has appeared in state, federal or bankruptcy courts in California, Delaware, New York, Rhode Island, New Hampshire, Texas, Vermont and Maine, and before the U.S. Court of Appeals for the First and Third Circuits.

Representative Cases

Lead trial counsel, in U.S. District Court, Delaware, for a syndicate of lenders defending a $153 million claim brought by holders of publicly traded bonds, who claimed that the lenders had breached a negative pledge clause in the Trust Indenture for the bonds. Also acted as Appellate counself in the successful defense of the judgement before the Third Circuit Court of Appeals which affirmed the Trial Court in an unpublished decision
Lead trial counsel, in U.S. District Court, Delaware for syndicated lenders defending a $127 million claim brought by creditors on an "LBO" fraudulent conveyance theory, obtaining summary judgment for the lenders
Represented the plaintiff-landowner in a hazardous waste contamination case involving claims of property damage and the rescission of LBO financing
Appellate counsel for a financial institution in a reversal of lender liability jury verdict
Lead trial counsel in a five-week jury trial in which the plaintiffs were awarded nearly $16 million in response costs, property damage and consequential damages from the defendants’ contamination of industrial facilities. It became the largest jury verdict for the year 2000 in Massachusetts
Retained after trial as appellate counsel in a securities fraud action in which the U.S. Court of Appeals for the First Circuit reversed a jury verdict against his clients. The matter was favorably settled following remand
Represented a travel wholesale company in a complex accounting dispute with a national bank arising out of a credit card reward program
Trial counsel in a four-week jury-waived matter on behalf of a national bank over the terms of a legal opinion letter and personal guaranties
Counsel for a lender in a federal court declaratory judgment action and subsequent arbitration proceeding against a regional chain of discount stores for payment due under business agreements
Represented a public corporation created by the state of Rhode Island in numerous litigation matters throughout New England relating to the state’s credit union crisis

Cases Of Interest
Hechinger Liquidation Trust v. Bank Boston Retail Finance, Inc. (In re: Hechinger, Inv. Co.), 2005 U.S. App. LEXIS 15733 (3^d Cir., July 29, 2005).
Liquidation Trust of Hechinger Inv. Co. of Del., Inc. v. Fleet Retail Finance Group (In re: Hechinger Inv. Co. of Del., Inc.), 2005 U.S. Dist. LEXIS 14386 (July 19, 2005).
Charles River Construction Co., Inc., et al. v. Kirksey, et al., 20 Mass. App. Ct. 333 (1985).
Rhode Island Hospital Trust National Bank v. Varadian, et al., 419 Mass. 841 (1995)
Dinco, et al. v. Dylex Limited, et al., 111 F. 3d 964 (1st Cir. 1997)
Arthur Kanavos, et al., Trustees of The I. Fred DiCenso Trust v. Bayer Corporation, et al., (Middlesex Superior Court, Civil Action No. 96-7323) (see Massachusetts Lawyers Weekly, “Wilmington Landowner Obtains Pollution Verdict,” Jan. 8, 2001)

Affiliations
American Bar Association
Boston Bar Association
Massachusetts Bar Association

Admissions
Commonwealth of Massachusetts, 1975
U.S. District Court, District of Massachusetts, 1976
U.S. Court of Appeals, First Circuit, 1990
U.S. Court of Appeals, Third Circuit, 2004

Education
Boston University Law School, J.D., cum laude, 1975
University of Wisconsin, B.A., 1972