Bingham

Bingham

Jonathan M. Albano

Partner

Jon Albano is managing partner of the firm’s Boston office and a member of the firm’s Litigation Area. His practice focuses primarily on commercial, constitutional and appellate litigation. He has tried to completion jury trials, bench trials and arbitrations and has argued over 35 appeals.

Jon’s commercial litigation experience includes representation of private and public companies and financial institutions in multimillion-dollar litigation claims. He has tried and obtained favorable results for clients in contract disputes, purchase price adjustment and complex construction claims.

Jon’s practice also includes representing newspapers, entertainment and news broadcasters, publishers, universities, nonprofit organizations, and individuals in cases involving a variety of constitutional issues, including free speech rights; the public’s right of access to information; and privacy, defamation and equal protection claims. He is a contributing author to the Survey of Privacy and Related Claims Against the Media, the Massachusetts Tort Handbook, and the Massachusetts Journalists’ Court and Legal Handbook.

Jon is listed in Chambers USA, America’s Leading Business Lawyers, General Commercial Litigation and First Amendment Litigation; Best Lawyers in America, First Amendment practice; Super Lawyers; and the upcoming 2014 Benchmark Litigation Guide. Jon was named one of 2008’s Lawyers of the Year by Massachusetts Lawyers Weekly and in 2013 received the Boston Bar Association’s President's Award. He serves on the Board of Trustees of the Boston Bar Foundation and is a past member of the Boston Bar Association Council.

Experience

Commercial Matters and Reported Cases

  • Employers Reinsurance Co. v. Globe Newspaper Co., 560 F.3d 93 (1st Cir. 2009) — Reversing summary judgment entered against insured under the known loss insurance coverage doctrine
  • Synergistic Technology, Inc. v. Putnam Investments, LLC, 74 Mass.App.Ct. 686, 910 N.E.2d 388 (2009) — Reversing judgment holding company liable for compensatory and punitive damages for hiring consultant known to be subject to non-competition agreement with plaintiff
  • Frate v. Jordan’s Furniture, Inc., 74 Mass.App.Ct. 1126, 909 N.E.2d 1193, 2009 WL 2145867 (2009) — Holding that promotion offering rebate of the price of furniture purchased if Red Sox won World Series was not an illegal lottery
  • Eigerman v. Putnam Investments, Inc., 450 Mass. 281, 877 N.E.2d 1258 (2007), vacating, 66 Mass. App. Ct. 222, 846 N.E.2d 418 (2006) — Ordering dismissal of breach of contract and covenant of good faith and fair dealing claims arising out of employee stock plan
  • Raytheon v. AES Red Oak, 831 N.Y.S.2d 54, 2007 WL 582801 (New York Supreme Ct. 2005), affirming, 2005 WL 4256945 (New York Supplement 2005) — Affirming dismissal on the pleadings of counterclaims for fraudulent inducement arising from settlement agreement
  • Atlantic City Electric v. RC Cape May Holdings, LLC — Tried to completion arbitration involving purchase price adjustment under contract for sale of power plant
  • Raytheon Company v. Exelon Mystic Development LLC — Tried to completion arbitration on behalf of construction surety seeking multimillion-dollar change order relief
  • Washington Group Int’l v. Raytheon Company — Represented defendants in $600 million purchase price adjustment claim under contract for sale of engineering and construction business tried before independent panel of accountants
  • Otis Eastern Service, Inc. v. Raytheon Engineers & Constructors, Inc., 15 F.Supp.2d 318 (W.D. New York 1998) — Construing lien waiver as condition precedent to retainage payment
  • Raytheon-Catalytic, Inc. v. Gulf Chemical Corp., 959 F.Supp. 100 (D.P.R. 1997) — Evidentiary hearing resulting in prejudgment remedies in action for breach of settlement of construction dispute
  • All Seasons Services, Inc. v. Commissioner of Health and Hospitals of Boston, 416 Mass. 269, 620 N.E.2d 778 (1993) — Construing Massachusetts unfair and deceptive business practices in claim involving nonprofit organization
  • KES Brockton, Inc. v. Department of Public Utilities, 416 Mass. 158, 618 N.E.2d 1352 (1993) — Addressing standing of seller of electricity to challenge regulatory decision involving regulated electric utility
  • Penta v. Concord Auto Auction, Inc., 24 Mass. App. Ct. 635, 511 N.E.2d 642 (1987) — Action for specific performance of sale of real estate and business involving nominee trust

First Amendment and Constitutional Cases

  • Stemberg v. Stemberg, Norfolk Probate Court (2012) Obtained previously sealed testimony of Presidential candidate Mitt Romney
  • United States v. Bulger, 2012 U.S. Dist. LEXIS 98770 (D. Mass. 2012) — Modifying protective order to permit public disclosure of discovery in organized crime figure’s prosecution
  • In re Globe Newspaper Co., 461 Mass. 113 (2011) Establishing rules for public access to inquest reports
  • Riley v. Enterprise, Plymouth Superior Court No.05-00841 (February 9, 2010) — Jury verdict in favor of newspaper and editors in public official libel case
  • Howell v. Enterprise Publishing LLC, 455 Mass. 641, 920 N.E.2d 1 (2010) — Holding that fair report privilege protected articles concerning confidential government hearings even if based on confidential news sources
  • Rosado v. Bridgeport Roman Catholic Diocesan Corp., 292 Conn. 1, 970 A.2d 656 (2009) — Ordering disclosure of sealed records of clergy sex abuse cases
  • In re Grand Jury Investigation, Hampshire CR. NO. 08-065 (Mass. Superior Ct. 2009) — Quashing subpoena calling for reporter to testify before a grand jury on the grounds that reporter’s interest in maintaining confidential sources outweighed the interests underlying the grand jury’s investigation
  • Mazetis v. Enterprise Publishing LLC, No. 04-00326-A (Mass. Superior Ct. 2009) — Granting judgment notwithstanding the verdict in public official defamation case
  • World Wide Video, Inc. v. Yoko Ono Lennon, 2009 U.S. Dist. LEXIS 100999; 92 U.S.P.Q.2D (BNA) 1050 (D. Mass. 2009) — Judgment on the pleadings in favor of Yoko Ono on copyright ownership of 1970 film of John Lennon and Ono
  • Peter Damon v. Michael Moore, 520 F.3d 98 (1st Cir. 2008) — Affirming dismissal of defamation claims brought by Iraq War veteran based on film Fahrenheit 9/11
  • In re Subpoena to Michael Witzel, 531 F.3d 113 (1st Cir. 2008) — Affirming order protecting Harvard faculty member from subpoena seeking discovery of confidential academic communications
  • Mazetis v. Enterprise Publishing Co., 2007 WL 1247134, 22 Mass. L. Rep. 380 (Mass. Superior Ct. 2007) — Holding court officers are public officials for actual malice purposes
  • Sullivan v. CBS Corp., 06-11949-PBS (D. Mass. 2006) — Rejecting third party candidate’s claims under First Amendment and Federal Communications Act based on exclusion from televised debate
  • Amrak Productions, Inc. v. Morton, 410 F.3d 69 (1st Cir. 2005) — Affirming dismissal of libel claims brought against Time Inc., St. Martin’s Press and Andrew Morton arising out of celebrity biography
  • In re Gitto Global Corp., 422 F.3d 1 (1st Cir. 2005) — Recognizing public’s right of access to bankruptcy examiner’s investigatory report
  • Rosado v. Bridgeport Roman Catholic Diocesan Corp., 276 Conn. 168, 884 A.2d 981 (2005) — Recognizing right of the New York Times, the Boston Globe and the Washington Post to intervene in sex abuse cases after settlement to seek public access to case records
  • Columbus v. The Boston Globe (Mass. Superior Ct. 2005) — Obtained jury verdict in favor of the Boston Globe newspaper on claims for libel and emotional distress
  • Republican Co. v. Appeals Court, 442 Mass. 218, 812 N.E.2d 887 (2004) — Granting public access to search warrant materials in controversial murder investigation
  • In re Special Proceedings, 373 F.3d 37 (1st Cir. 2004) — Represented television news reporter in contempt appeal involving confidential news source
  • Globe Newspaper Company v. District Attorney for Middle District, 439 Mass. 374, 788 N.E.2d 513 (2004) — Recognizing right of public to access docket numbers of public corruption cases
  • Vondra v. Crown Publishing Company, 61 Mass. App. Ct. 1116, 810 N.E.2d 1291 (2004) — Affirming summary judgment for book publisher on libel and privacy claims
  • Yohe v. Nugent, 321 F.3d 35 (1st Cir. 2003) — Affirming summary judgment for libel defendants based on fair report privilege
  • Mourad v. Globe Newspaper Company, 60 Mass. App. Ct. 1106, 799 N.E.2d 606 (2003) — Affirming summary judgment for libel defendant on opinion, defamatory content and fair report grounds
  • Howard v. Antilla, 294 F.3d 244 (1st Cir. 2002) — Reversing a $480,000 false light invasion of privacy verdict arising out of a New York Times article based on lack of clear and convincing evidence of actual malice
  • United States v. Connolly, 204 F.Supp2d 138 (D. Mass. 2002) — Holding that reporters subpoenaed to testify at criminal trial had First Amendment right to attend trial despite sequestration order
  • Zisk v. The Boston Globe, 54 Mass. App. Ct. 1117, 767 N.E.2d 1135 (2002) — Affirming dismissal of privacy and defamation claims
  • Globe Newspaper Co. v. Clerk of the Suffolk Superior Court, 2002 WL 202464 (Mass. Superior Ct. 2002) — Granting motion to terminate impoundment orders and allow public access to court records of sex abuse claims filed against clergy members
  • Howell v. Worcester Polytechnic Institute, Civ. No. 02-2056 (Mass. Superior Ct. 2002) — Rejecting state law claims of breach of contract and violation of civil rights by candidate excluded from televised debate
  • Stein v. The Boston Globe, Civ. No. 02-4100-J (Mass. Superior Ct. 2002) — Rejecting claims brought under Massachusetts Finance Campaign Law by candidates excluded from televised debate
  • Leary v. Geoghan, No. 99-0371 (Mass. Superior Ct. 2001) aff’d, 2001 WL 1902391 (Mass. App. Ct. 2001) — Requiring the public filing of discovery materials in sexual abuse cases filed against the Boston Archdiocese
  • National Association of Government Employees v. BUCI Television, Inc. 118 F.Supp.2d 126 (D. Mass. 2000) — Granting summary judgment in defendant’s favor on copyright and libel claims
  • Britton v. Nealon, 2000 WL 1460073 (Mass. Superior Ct. 2000) — Granting summary judgment to libel defendant
  • Robinson v. The Globe Newspaper Company, 26 F.Supp.2d 195 (D. Maine 1998) — Granting summary judgment to libel defendants based on plaintiff’s prior guilty plea in criminal case
  • In re Michael Cusumano, et al., 162 F.3d 708 (1st Cir. 1998) — Ruling that First Amendment interests protected authors from a subpoena of their research notes for use in antitrust action against Microsoft
  • Boston Police Superior Officers Federation v. City of Boston, 147 F.3d 13 (1st Cir. 1998) — Granting summary judgment dismissing equal protection claim
  • Friedman v. Israel Labour Party, 957 F.Supp. 701 (E.D. Penn. 1997) — Granting summary judgment to libel defendant based on privilege to report official acts of foreign governments
  • Friedman v. Globe Newspaper Co., 38 Mass. App. Ct. 923, 646 N.E.2d 159 (1995) — Affirming dismissal of libel complaint as sanction for failure to comply with court orders
  • Globe Newspaper Co. v. Police Comm’r of Boston, 419 Mass. 852, 648 N.E.2d 419 (1995) — Holding that records of controversial police internal affairs investigation were public records under state law
  • United States v. Three Juveniles, 61 F.3d 86 (1st Cir. 1995) — Recognizing statutory, but not constitutional, right of access to federal juvenile delinquency proceedings
  • Lyons v. Globe Newspaper Company, 415 Mass. 258, 612 N.E.2d 1158 (1993) — Reversing trial court’s denial of summary judgment in libel case and holding that the Massachusetts Constitution provides protections independent of the First Amendment for expressions of opinion
  • Sanchez v. Affiliated Publications, 1993 WL 818736, 22 Media L. Rep. 1188 (Mass. Superior Ct. 1993) — Dismissing invasion of privacy claim arising out of identification of juvenile rape victim
  • Massachusetts Ass’n of Afro-American Police, Inc. v. Boston Police Dept., 973 F.2d 18 (1st Cir. 1992) — Affirming rulings on standing and ripeness issues
  • Stuart v. Roache, 951 F.2d 446 (1st Cir. 1991) — Affirming equal protection ruling
  • Globe Newspaper Co. v. Pokaski, 868 F.2d 497, 16 Media L. Rep. 1385 (1st Cir. 1989) — Recognizing First Amendment right of access to the records of criminal proceedings involving acquitted defendants
  • Massachusetts Bay Transp. Authority v. Local 589, Amalgamated Transit, 406 Mass. 36, 546 N.E.2d 135 (1989) — Affirming standing and mootness rulings
  • Massachusetts Ass’n of Afro-American Police, Inc. v. Boston Police Dept., 780 F.2d 5 (1st Cir. 1985) — Addressing right to intervene to challenge consent decree
  • Deveraux v. Geary, 765 F.2d 268 (1st Cir. 1985) — Applying standard for modification of consent decree

Events

  • Speaker, Copyright and Trademark Issues Arising From the Re-Publication of Digital Media, Boston Globe, Boston (March 19, 2014)
  • Panelist, Benchmarks: Evaluating Measurements of Judicial Productivity, New England School of Law Symposium, Boston (Nov. 8, 2013)
  • Panelist, Responding to Hate on the Internet: the Law and its Limits, Suffolk University Law School, Boston (Nov. 4, 2013)
  • Speaker, Federal Freedom of Information Act, New England First Amendment Center Conference, Providence, R.I. (Sept. 30, 2013)
  • Speaker, Protecting Confidential News Sources, Judiciary Committee of the Massachusetts Legislature, Boston (Sept. 25 2013)
  • Speaker, The New Decade: Challenges to the Legacy Paradigm, 2010 Media Law Conference, Boston (Sept. 29–30, 2010)
  • Panelist, Access to Government Records, Rappaport Center for Law and Public Service, Suffolk University Law School, Boston (Sept. 28, 2010)
  • Speaker, Chicks Who Write: Taming the Risks, Cambridge, Mass. (Feb. 25, 2010)
  • Panelist, Freedom of the Press and Individual Privacy, Suffolk University Law School Masterman Institute on the First Amendment and the Fourth Estate, Boston, Mass. (March 5, 2009)

Publications

  • Co-author, “Some Thoughts on Amicus Briefs,” The Boston Bar Journal (July 2011)
  • Co-author, “Some Lessons from a Libel Trial,” Media Law Resource Center Bulletin (March 2010)
  • Co-author, Media Law Resource Center’s Annual Survey of Privacy Law Massachusetts Chapter (May 2013)
  • Massachusetts Tort Handbook Defamation chapter (MCLE)
  • Massachusetts Journalists’ Court and Legal Handbook Libel chapter (Mass. Bar Association)

Memberships

  • American Bar Association
  • Boston Bar Association
  • Massachusetts Bar Association
  • Member, Boston Bar Foundation Board of Trustees
  • Advisory Board, Center for Community and Ethnic Media, City University of New York’s (CUNY) Graduate School of Journalism
  • Member, Governing Committee, ABA Media Law Forum

Awards & Honors

  • Chambers USA, leading lawyer in General Commercial Litigation (Massachusetts) (2010–2014)
  • Chambers USA, leading lawyer in First Amendment Litigation (2007–2009, 2012–2014)
  • Best Lawyers, leading lawyer in First Amendment Law and Media Law (1995–2014)
  • Best Lawyers’ Boston Litigation, First Amendment “Lawyer of the Year” (2013)
  • New England Super Lawyers, leading lawyer in First Amendment Law, Media Law and Advertising Law (2011–2012)
  • Super Lawyers, Massachusetts (2004–2012)
  • Named in “The Power List” by Massachusetts Lawyers Weekly (2009)
  • Appointed to ad hoc advisory committee, Massachusetts Supreme Court (2008)
  • Lawyer of the Year, Massachusetts Lawyers Weekly (2008)
  • Executive Editor, Boston College Law Review (1981–1982)

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