Matthew J. Ginsburg
ASCENDANT LAW GROUP LLC
mg@ascendantlawgroup.com
Tel.: (978) 409-6238
Cell: (978) 835-5548

 

vCard Download

 

Matthew J. Ginsburg
ASCENDANT LAW GROUP LLC
mg@ascendantlawgroup.com
Tel.: (978) 409-6238
Cell: (978) 835-5548

 

vCard Download

 

Matt is Co-Manager and a Member of the firm, with over 20 years of experience representing individuals and corporate entities of all sizes in commercial, construction, land-use, employment, insurance, and intellectual property disputes before courts, arbitrators and administrative bodies. He is admitted to practice in Massachusetts, New Hampshire and North Carolina, and has tried civil jury matters in all three states.

Prior to joining Ascendant Law Group, Matt practiced complex business and civil litigation at Gilbert & Renton LLC in Andover, at Shumaker, Loop & Kendrick, a multi-state law firm, in its Charlotte, North Carolina office, and before that, at Hanify (now Murphy) & King, in Boston. He has lectured and written articles concerning commercial and land-use litigation; served as Chairman of the Zoning Board of Adjustment for the City of Charlotte, North Carolina; chaired the Wireless Services By-law Committee for the Town of North Andover, Massachusetts; is a past President of the Lawrence Bar Association; and is the immediate past Chair and a member of the Massachusetts Bar Association’s Complex Commercial Litigation Section Council.

 

Matt is Co-Manager and a Member of the firm, with over 20 years of experience representing individuals and corporate entities of all sizes in commercial, construction, land-use, employment, insurance, and intellectual property disputes before courts, arbitrators and administrative bodies. He is admitted to practice in Massachusetts, New Hampshire and North Carolina, and has tried civil jury matters in all three states.

Prior to joining Ascendant Law Group, Matt practiced complex business and civil litigation at Gilbert & Renton LLC in Andover at Shumaker, Loop & Kendrick, a multi-state law firm, in its Charlotte, North Carolina office, and before that, at Hanify (now Murphy) & King, in Boston. He has lectured and written articles concerning commercial and land-use litigation; served as Chairman of the Zoning Board of Adjustment for the City of Charlotte, North Carolina; chaired the Wireless Services By-law Committee for the Town of North Andover, Massachusetts; is a past President of the Lawrence Bar Association; and is the immediate past Chair and a member of the Massachusetts Bar Association’s Complex Commercial Litigation Section Council.

 

  • Admitted to the highest courts of Massachusetts, New Hampshire, and North Carolina.
  • Admitted to the First Circuit Court of Appeals, and Federal District Courts for Eastern, Middle, and Western Districts of North Carolina, District of Massachusetts, and District of New Hampshire.
  • Boston College Law School, J.D., 1998
  • Emory University, B.A., Political Science and Russian Studies, 1994
  • Pushkin Institute of Russian Language, Moscow, Russia, 1993
  • SuperLawyers, Rising Star — Business Litigation, 2008, 2010, 2011, Super Lawyer, 2016 — 2018
  • Fellow – Litigation Counsel of America
  • Lawrence Bar Association, President, 2016
  • Massachusetts Bar Association, Chair, Complex Commercial Litigation Section Council, 2018 — 2019
  • American Bar Association, Member
  • Boston Bar Association, Member
  • Fellow of the Litigation Counsel of America
  • Gilbert & Renton LLC, Andover, Massachusetts, 2006-2018
  • Shumaker, Loop & Kendrick, Charlotte, North Carolina, 2002-2006
  • Hanify & King, Boston, Massachusetts, 1999-2002
  • Cornell & Gollub, Boston, Massachusetts, 1998-1999
  • English
  • Russian (proficient)

Business, Insurance Coverage, and Civil Litigation Has resolved a wide range of disputes involving licenses, contracts and unfair competition; general liability, toxic tort, asbestos and silicosis exposures; and fiduciary and directors and officers’ liabilities.

Construction, Real Estate, Land-Use and Zoning Litigation Has resolved a wide range of disputes concerning construction and design issues, and in the areas of zoning and land-use.

Employment and Noncompetition Agreement Litigation Experienced in negotiating, drafting and litigating executive compensation and non-compete agreements.

Business, Insurance Coverage, and Civil Litigation

Has resolved a wide range of disputes involving licenses, contracts and unfair competition; general liability, toxic tort, asbestos and silicosis exposures; and fiduciary and directors and officers’ liabilities.  

  • Successful representation of manufacturer/distributor of industrial safety equipment in an action against a private-label manufacturer of a safety mask line for breach of agreement for defense and indemnity.
  • Successful defense of a New Hampshire-based manufacturer of on-board computers used in the trucking and bus-line industries against contract action asserted by its former provider of telecommunications and electrical services.
  • Obtained summary judgment in successful defense of management of corporation holding shoe- manufacturing machine patents, against minority shareholder’s claims of breach of fiduciary duty.
  • Represented one of the nation’s foremost providers of online search and other web-related services in a multi-million dollar action brought against the so-called ‘Spam King,’ pursuant to federal Anti- Spam legislation.
  • Represented a minority shareholder in a claim seeking equitable share of proceeds from the corporation’s lucrative sale of prime industrial property in the course of its wind-down and liquidation.
  • Represented an investment bank in an action to enforce terms of engagement agreement against a developer of online video mash-up technology with respect to its acquisition by a third-party corporation.
  • Represented a biotechnology manufacturer in the defense of investigations launched and/or claims asserted by United States Attorney for District of Massachusetts, various state Attorneys General and class action plaintiffs alleging defects in early-pregnancy detection kit developed and sold by the manufacturer.
  • Represented numerous corporate, individual and non-profit policyholders in environmental, homeowners, life, general liability, fidelity and other insurance coverage disputes.
  • Represented a multi-national shopping mall developer/owner in seeking coverage from its excess liability insurer for claims of third-party tenants of mall expansion, resulting from defects and damage to associated parking garage.
  • Represented oil company executive in a suit against an insurance agency and life insurance company for unfair and deceptive acts and practices in connection with sale of universal life insurance policy.
  • Obtained dismissal (on motion to dismiss) for a manufacturer and its employee of claims based on an alleged adulterous affair between defendant employee and plaintiff’s spouse, the employee’s co- worker.

Real Estate, Construction, Land-Use and Zoning Litigation

Has resolved a wide range of disputes concerning real estate, construction and design issues, and in the areas of zoning and land-use.  

  • Represented an architect in a dispute with a builder/developer of Lowe’s Foods store concerning particular aspects of design and placement of HVAC venting mechanism.
  • Defended design professionals hired to design and construction-manage the extensive renovation of penthouse condominium owned by a Carolina Panthers football player against subcontractor’s claims of damage to work caused by allegedly defective design.
  • Represented an architect/construction manager in defense of a lawsuit pursued by homeowners for the defective design of home renovation/decking project.
  • Successfully represented a large Boston construction company/developer in its defense of claims asserted by an accounting firm/project owner for alleged losses due to delay/defects in the delivery of building following an extensive renovation project.
  • Won summary judgment on behalf of an international provider of construction services and supplies in a contract dispute with Modern Continental Construction Co. with respect to services/supplies provided for work performed on the Central Artery/Tunnel Project in Boston, Massachusetts (also known as ‘The Big Dig’).
  • Represented a heavy equipment subcontractor in its dispute with a general contractor concerning auger drilling for piers underlying downtown Charlotte, North Carolina arena construction.
  • Successfully arbitrated the defense of a surety and construction company against claims asserted by an electrical subcontractor with respect to multiple Charlotte, North Carolina firehouse and airport terminal construction projects.
  • Represented a window manufacturer in its defense of numerous homeowner lawsuits in North Carolina, South Carolina, Alabama, and Florida relating to alleged moisture penetration and damage.

Employment and Noncompetition Agreement Litigation

Experienced in negotiating, drafting and litigating executive compensation and non-compete, non-solicitation, and severance agreements, as well as trade secrets and intellectual property theft.  

  • Represented a mutual fund manager in expedited litigation to invalidate noncompetition agreement with an existing employer.
  • Successfully represented a high-level executive of the U.S. subsidiary of a Japanese multi-national chemical manufacturer in separation/severance and employment contract dispute.
  • Successfully represented an inside recruiter for a Boston-based investment bank in enforcement of bonus and severance provisions in employment agreement.
  • Obtained preliminary injunction and favorable disposition in representation of a marble and granite fabricator/distributor in a suit to enforce terms of noncompetition agreement with the firm’s former shareholder/President.
  • Successfully defended a medical device manufacturer in a discrimination suit brought by an employee based on alleged disparate treatment and termination due to illness.

Intellectual Property Litigation and International Arbitration

·        Represented a high-technology startup in international arbitration with its licensee involving claims of breach of contract, breach of investment agreements, and unfair and deceptive conduct under Massachusetts General Laws, Chapter 93A