Albert P. Zabin
Of Counsel
Duane Morris LLP
100 High Street, Suite 2400
Boston, MA 02110-1724
USA
Phone: +1 857 488 4283
Fax: +1 857 401 3083
Email: APZabin@duanemorris.com

Albert P. Zabin practices in the area of civil litigation, including business disputes, partnership and close corporation disputes, trade secrets, intellectual property, mediation and arbitration as a neutral, insurance, and torts. His torts practice has included business torts, maritime, aviation, product liability, professional malpractice and general liability.

Mr. Zabin is a fellow of the American College of Trial Lawyers and a guest lecturer at Gordon Institute, Tufts University. He has been a visiting instructor at Boston College Law School and Northeastern School of Law.

He has authored many journal articles on product liability, trial practice and civil procedure. He is a co-author of the Disability Handbook, Shepards-McGraw Company. Mr. Zabin has written the chapters "Motions For Achieving Adjudication Without Trial," "Economics in the Court Room" and "Expert Testimony" for American Inns of Court Civil Procedure Practice Guide and "Economics Experts" in Massachusetts Expert Witnesses, both published by Massachusetts Continuing Legal Education.

Mr. Zabin is a past member of the Board of Governors of the Association of Trial Lawyers of America and a past member of the House of Delegates of the Massachusetts Bar Association. A life member of the Massachusetts Bar Foundation, he is a graduate of Harvard Law School (LL.B., 1962) and a cum laude graduate of Brandeis University.

Areas of Practice

• Business Litigation
• Trade Secrets
• Civil Litigation
• Insurance Litigation
• Torts
• Appeals in All Courts

Representative Matters

• Won jury verdict in diethylstilbestrol (DES) case involving allegations of uterine abnormalities suffered by plaintiff and negotiated favorable settlement for client when case was appealed. Payton et al v. Abbot Labs, 780 F. 2d 147 (1st Cir. 1984)
• Successfully tried and sustained judgment on appeal, interpreting provisions of Article 2 of the Uniform Commercial Code, for seller of electrical motors.
• Obtained judgment from U.S. Supreme Court in landmark case on primacy of the Federal Rules of Civil Procedure over state rules in diversity cases, holding that service made pursuant to the Federal Rules of Civil Procedure was effective even though it did not comply with state court rules. Hanna v. Plumer, 380 U.S. 465 (1965).
• Obtained ruling from state's highest court establishing that the manufacturer of consumer products were required to anticipate the environment of use of the product. Back v. Wickes Corporation, 375 Mass. 633 (1978)
• Handled suit for wrongful dissolution of real estate management business partnership. Represented partners who elected to continue the business and obtained a judgment ordering buyout of the dissolving partner on favorable terms for clients.
• Represented area license franchisee threatened with suit by sub-franchisees in case and who sued primary franchisors, involving alleged business fraud in selling of a process for anti-freeze recycling. Obtained high seven figure settlement for client and withdrawal of claims by sub-franchisees.
• Obtained summary judgment and a substantial settlement for seller of business in litigation involving allegations of breach of contract, breach of employment agreement and medical technology devices.
• Litigated executive manager of a tiling business in case involving allegations of wrongful termination by matriarch of closely held family business.
• Litigated defense of case involving allegations of trade secret theft in business based on technology for cooling and serving drinks used in restaurants. Obtained favorable rulings on key issues for client. Jet Spray Cooler, Inc. v. Crampton, et al.
• Litigated successful defense of case involving allegations of trade secret misappropriation related to gas chromatography for chemical compound analysis. Obtained favorable settlement.
• Litigated defense of product manufacturer in commercial airlines crash case involving allegations of a defective altimeter.
• Defended skydiving school in a wrongful case involving allegations of inappropriate parachute devices and training of student and obtained favorable settlement for client.
• Handled case involving insurance coverage issues and disabilities suffered from exposure to powdered latex gloves.
• Successfully tried and sustained judgment on appeal of case involving allegations of negligent security operations by local college where student was kidnapped and raped. Obtained favorable ruling from state's highest court on charitable immunity interpretation. Mullins v. Pine Manor College, 389 Mass. 47 (1983)
• Handled case involving alleged misrepresentations by applicant for disability insurance. Obtained favorable verdict on liability and settled prior to appeal.
• Represented homeowners in case involving pollution exclusion clause and leaking underground storage tanks that caused environmental damages. Obtained favorable coverage ruling and settlement.
• Handled insurance coverage controversy regarding multiple sclerosis disability and obtained favorable ruling that representations about good health were not a condition precedent to coverage but only representations to the best of the client's knowledge.
• Litigated an appeal, under the Massachusetts Waterways Act, before Department of Environmental Protection for community group opposed to development of freight forwarding building complex and procured settlement in which developer agreed to meet certain environmental standards and other protocols for development and contributed money toward the community.
• Handled construction case involving major issue about the priority of an Article 9 security interest and claimed set-offs. Opponent had loaned money to property owner for the project. Client, who had obtained property owner's claim against opponent contractor, was able to successfully resist summary judgment and prevail on its motion for partial summary judgment.

Professional Activities

• American College of Trial Lawyers
  - Fellow
  - Chair, Massachusetts Access to Justice Committee, 2003-present
• Fellow, International Society of Barristers
• Massachusetts Bar Foundation
  - Life Member
  - Member, Grant Advisory Committee, IOLTA Grants Program
• Massachusetts Bar Association
  - Member, House of Delegates
• Massachusetts Academy of Trial Attorneys
  - Education Committee, 1990-1993
• Presenter and Speaker, Massachusetts Continuing Legal Education programs, Personal Injury, Business Torts, Civil Procedure and Trial Practice Evidence
• Guest Lecturer, Gordon Institute, Tufts University, 1998-present
• Editor-in-Chief, Massachusetts Academy of Trial Attorneys Journal, 1992-1994
• Lecturer in Trial Practice
  - Northeastern Law School, 1978-1982
  - Boston College Law School, 1969-1980

Admissions

• Massachusetts
• U.S. Court of Appeals for the First Circuit
• U.S. District Court for the District of Massachusetts
• Supreme Court of the United States

Education

• Harvard Law School, LL.B., 1962

Experience

• Duane Morris LLP
  - Of Counsel, 2004-present
  - Partner, 2003
• Schneider Reilly LLP (formerly Schneider, Reilly Zabin & Costello P.C. ) Boston, Massachusetts
  - Principal and Partner, 1972-2003
  - Associate, 1963-1972

Board Memberships

• Association of Trial Lawyers of America
  - Former Member, Board of Governors

Civic and Charitable Activities

• Pro Bono Activities
  - IOLTA Grant Committee, Massachusetts Bar Foundation, 1997-present
  - Mediator, American College of Trial Lawyers Mediation Project, 1990-present
  - Hearing Officer, Massachusetts Board of Bar Overseers, 1987-1991
  - Pro Bono Assignments of Criminal Cases in the Federal Court, 1970's
• Member, Lexington Town Meeting, 1972-present
• Lexington School Committee, 1988-1994
• Chair, Town Meeting Members Association, 1980-1981
• Lexington Planning Board, 1975-1980
  - Chair, 1977-1980

Honors and Awards

• Listed in Super Lawyers Corporate Counsel Edition for Business Litigation, March 2009
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Selected Publications

• Book Chapter, "Economics Experts," Massachusetts Expert Witnesses, Massachusetts Continuing Legal Education, Boston (2002)
• Editorial, "Q. Why so Much Crime? A. We Tolerate It." I(2) Journal of the Massachusetts Academy of Trial Attorneys 9 (1993)
• Co-author, Disability Handbook, Shepards-McGraw-Hill (1991)
• "The New Wrongful Death Act: Massachusetts Steps Into the Twentieth Century," 58 Massachusetts Law Quarterly 345 (1973)
• "The Long Arm Statute: International Shoe Comes to Massachusetts," 54 Massachusetts Law Quarterly 101 (1969)
• Contributing Author, Massachusetts Civil Practice: Pretrial, Lawyers Cooperative Publishing Company
• "The Federal Rules in Diversity Cases," 53 American Bar Association Journal 266 (1967)
• Co-author, "Advertising and Products Liability," 49 Massachusetts Law Quarterly 359 (1964)

Selected Speaking Engagements

• Speaker, "Effective Use of Demonstrative Evidence in Deposition Practice," Massachusetts Continuing Legal Education, Boston, May 11, 2012