Brooks has 15 years of experience handling complex legal issues in both trial and appellate courts. His practice focuses on appellate advocacy, complex motion practice, representing professionals before state licensing boards and health care matters. Brooks also has significant experience assisting clients in general civil litigation matters, including insurance coverage disputes, breach of contract claims, professional liability claims and product liability suits. In addition, Brooks assists a broad range of licensed professionals in complex investigations, disciplinary actions and administrative hearings at various licensing Boards, including the Boards of Registration in Medicine, Dentistry, Nursing, Physician Assistants, and others. His years of experience with these Boards, as well as addressing medical/legal questions, are invaluable in navigating the unique landscape of each administrative agency.
As part of his appellate practice, Brooks has successfully argued appeals before the Supreme Judicial Court, the Appeals Court, the First Circuit Court of Appeals, and the Appellate Division of the District Court. He also assists clients by evaluating potential appeals, consulting on appellate procedure and brief drafting, preparing effective and persuasive briefs, and preparing for or handling oral arguments.
As an experienced litigator, Brooks also represents and advises corporate and individual clients in contract disputes, product liability claims, medical malpractice suits, professional liability matters, fraud and deceptive business practices claims, and personal injury suits.
Brooks also advises insurers and policyholders on litigating and arbitrating insurance disputes, including GL, D&O, and professional liability, coverage disputes, broker liability, and bad faith claims.
Appellate/Motion Practice:
Brooks’ recent successes in this area include:
- Drafting the winning appellate brief in Miller v. American Pride Seafoods, 95 Mass. App. Ct. 1112 (2019), which preserved a million dollar verdict awarded to two commercial real estate brokers who were denied their commission following a substantial transaction.
- Drafting a successful First Circuit brief resulting in the affirmance of an early dismissal for a condominium association.
- Drafting an opposition defeating a Motion to Dismiss a wrongful termination action in which the client asserted he had been terminated in violation of public policy for reporting potential misconduct.
- Successfully opposing a Motion to Dismiss a multi-million dollar claim alleging the firms’ clients were wrongfully divested from a closely held business.
- Defeating a Motion to Dismiss substantial damages claims in a complex commercial arbitration, thereby preserving millions of dollars in potential recovery for the client.
Business and Civil Litigation:
Brooks’ recent experience in this area includes:
- Negotiating a favorable resolution to a multi-lawsuit dispute between a commercial landlord and its tenant;
- Assisting a software development company to resolve a contract dispute with its client;
- Negotiating a favorable pre-suit resolution in a complex family dispute regarding the inheritance and ownership rights to a property in Medford, Massachusetts.
Administrative Law:
Brooks’ extensive experience in this area includes:
- Obtaining a full dismissal of a Board of Registration of Medicine complaint against a physician accused of over-prescribing opiates to numerous patients;
- Successfully overturning the Board of Registration in Medicine’s summary suspension of a physician’s medical license through a hearing at the Division of Administrative Law Appeals.
Education
- B.A., Union College (1995)
- J.D., Northeastern University (2000)
Bar and Court Admissions
- Massachusetts Bar
- United States District Court for the District of Massachusetts
- United States Court of Appeals for the First Circuit
Awards and Associations
- Massachusetts Super Lawyers, Appellate Law, 2014-2021
- Rising Star, Massachusetts Super Lawyers, 2009-2012
Prior Experience
- Associate, Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP
- Law Clerk, Justice Barbara Lenk and then Justice Gordon Doerfer, Massachusetts Appeals Court
Articles
Brooks has written articles for the Massachusetts Medical Society’s publications. His articles include the following:
Legal Access Plan Newsletter, The Legal Advisor:
- Managing the Risk of Board Complaints When Dealing with Difficult Patients, March 2015
- Parents’ Access to a Child’s Medical Information, July 2014
- Treating Patients with Chronic Pain, March 2013
- No Good Deed Goes Unpunished: Avoiding Potential Discipline when Prescribing for Family and Friends, July 2012
- Legal Obligations to Report Physician Misconduct to the Board of Registration in Medicine: The Whistleblower Requirement, January 2011
- Liability Pitfalls in Electronic Medical Records, June 2010
Women in Medicine Bulletin:
- From the High School Prom to the Physician’s Office – Chaperones are a MUST to Protect Female Physicians against Sexual Harassment and Boundary Violation Claims, March 2011
- The Changing Nature of Informed Consent: Informing Patients and Avoiding Litigation, October 2010
