Business and commercial litigation and dispute resolution are the focus of David Weiss' practice. David has particular experience in patent, copyright and trademark matters, business torts, contract disputes, technology and software licensing disputes, zoning, environmental and land use litigation, administrative and regulatory matters and probate litigation. His practice also includes representation in alternative forms of dispute resolution such as mediation and arbitration. David is a Director with the firm.
- Representation of golf club against claim that municipal ground lease to club required approval of state legislature in trial court and on claimant’s appeal of trial court decision. Fanger v Town Manager of Needham, 79 Mass. App. Ct. 1121 (2011), Further Appellate Review Denied, 460 Mass. 1114 (2011).
- Representation of developer in suit challenging zoning approvals at trial and on challenger’s appeal of trial decision. Marques v Zoning Board of Appeals of Weymouth, 74 Mass. App. Ct. 1119 (2009).
- Representation of developer in suit challenging regulations governing manner of determining when a municipality has the benefit of a “safe harbor” permitting it to reject applications for affordable housing projects, resolving split among lower courts. Taylor v Housing Appeals Committee, 451 Mass. 149 (2008).
- Representation of developer in suit resolving relationship among different but parallel appeal routes available to developers and opponents of certain multifamily projects. Taylor v Board of Appeals of Lexington, 451 Mass. 270 (2008).
- Representation of companies ranging from start-ups to industry leaders in inventorship disputes challenging the company’s ability to capture value generated by individual products and entire product lines.
- Representation of big box retailers in connection with fueling station development program in New England and other eastern states.
- Representation of developer in land use and permitting litigation defeating challenge to permit at summary judgment level. Carol Y. Bingham, Trustee v City Council of Fitchburg, 52 Mass. App. Ct. 566 (2001).
- Representation of 87,000 square foot office tower tenant in winning right to sublease over objection of landlord. National Union Fire Insurance Company v. Rose, 53 Mass. App. Ct. 910 (2002).
- Representation of holders of a spectrum of interests in a variety of trademark/domain name disputes.
- Representation of appellee successfully enforcing requirements for timely appeal. BJ’s Wholesale Club, Inc. v City Council of Fitchburg, 52 Mass. App. Ct. 585 (2001).
- Counsel to foreign governments and individuals in claims for the recovery of lost, stolen or looted artworks and antiquities.
Professional and Community Involvement
- Association for Conflict Resolution
- American Intellectual Property Law Association
Awards and Recognition
- New England's Top Rated Lawyers, 2013
- Martindale Hubbell Peer Review Rated AV Preeminent TM
- Massachusetts Super Lawyer, 2005, 2007 - 2013