Edward S. Cheng

Partner

Edward S. Cheng is vice chair and partner in the firm's Litigation Department and co-chair of the Professional Liability, Business Litigation, Construction Law and Social Media and Digital Technology Practice Groups. He specializes in complex commercial disputes, professional malpractice cases, insurance coverage disputes, and real estate litigation. His clients include attorneys and their law firms, corporations, title insurance companies, and professional liability insurance companies. Ed has also litigated employment, construction disputes, trade secret, and non-competition agreement disputes, and has represented attorneys in disciplinary proceedings before the Massachusetts Board of Bar Overseers.

After law school, Ed was law clerk to the Hon. Margaret H. Marshall of the Supreme Judicial Court for the Commonwealth of Massachusetts. While attending law school, Ed was the notes editor of the Boston College Law Review.

 Representative Experience

  • Achieved dismissal of a malpractice action brought by a beneficiary of a will against the testator’s attorney, and prevailed on the appeal, in Yana Miroshina v. Stephen E. Grande, III.
  • Won $1.68 million judgment on behalf of real estate brokerage against developer after three-day arbitration before the American Arbitration Association.
  • Won summary judgment defending a Bankruptcy Trustee against claims amounting to over $1 million brought by a non-party plaintiff.
  • Won jury trial verdict on a contract and fraud case for over $500,000.
  • Represented clients in disciplinary actions before the Massachusetts Board of Bar Overseers, the Single Justice of the Supreme Judicial Court, and the Supreme Judicial Court.
  • Achieved summary judgment on malpractice claims against the Boston office of a multi-state law firm.
  • Participated in representing a multi-state firm in a 63-day jury trial, winning over $1 million in damages and defeating malpractice counterclaims.
  • Author of winning brief in Hopedale Development, Inc. v. David W. Normandin, et al. before the Appeals Court.
  • Author of winning brief in Queler, et al. v. Skowron, et al., before the Supreme Judicial Court and the successful underlying application for Direct Appellate Review. This matter concerned cutting edge issues of condominium law.

 Speaking Engagements and Publications

  • Speaker, Avoiding Litigation Through Arbitration and Mediation Clauses In Real Estate Agreements, Real Estate Bar Association for Massachusetts, 2014 Spring Conference
  • “Civil Mediation Workshop: Meeting Rule 8's training requirements for mediators,” faculty, MCLE, April 2013 and 2014
  • Game Theory and the Practice of Law – More Than Zero Sum Games, American Bar Association Fall 2012 National Legal Malpractice Conference, September 2012
  • Commonwealth of Massachusetts, in The Law of Lawyers Liability: Fifty State Survey of Legal Malpractice:, ABA Prof. Liab. Comm. (2012), with Debra Squires-Lee
  • "Trial Symposium," panelist, American Bankruptcy Institute, Northeast Bankruptcy Conference, Winter 2012
  • "Title IX In the Age of Budget Cuts and Dissolving Social Boundaries," speaker, AICUM Symposium, October 7, 2011
  • "Case Law Developments," panelist, American Bar Association Fall 2011 National Legal Malpractice Conference, September 15, 2011
  • "Bankruptcy Court Trial Practice Symposium," panelist, American Bankruptcy Institute, Northeast Bankruptcy Conference, Summer 2011
  • "Advanced Mediation: Looking at What Lies Beneath the Surface," panelist, NAPABA Northeast Regional Conference, June 2011
  • “Avoiding the Ethical Minefield of Social Media: Do You Know Who Your Friends Are?”, Corporate Counsel, with John F. Nagle, September 21, 2010
  • “Social Networking: Do you know who your friends are?”, Massachusetts Lawyers Weekly, with R. Victoria Fuller, July 19, 2010
  • Trial Tactics and Strategies in Bankruptcy Court," panelist, American Bankruptcy Institute's 17th Annual Northeast Bankruptcy Conference, 2010
  • "One Size Does Not Fit All: Approaches to Internal Investigations," with Sara J. Shanahan and Matthew C. Moschella, Association of Corporate Counsel, Northeast Chapter, March 2010
  •  “Legal Ethics Issues Associated with Online Social Networks,” panelist, Suffolk University Law School Advanced Legal Studies Seminar, March 11, 2010
  • "Evidence Symposium," panelist, American Bankruptcy Institute, 2010 Northeast Consumer Winter Forum, January 2010
  • "Ethics Pitfalls for Practitioners," panelist, American Bar Association, December 2009
  • "Lateral Hires Can Bring on a Lot of Potential Conflicts Baggage," ABA Journal, with Jessica G. Kelly, December 2009
  • "Calling Up Dangers to Privilege," Corporate Counsel, with Christopher R. Blazejewski, November 12, 2009
  • "Evidence," panelist, American Bankruptcy Institute Northeast Bankruptcy Conference, July 2009
  • "Dialogue with State Court Judges," program chair, Boston Bar Association, April 2009
  • "Massachusetts Legal Malpractice Law," 50 State Survey of Legal Malpractice Law, with Debra Squires-Lee and Janeen Blake, Professional Liability Litigation Committee, American Bar Association, February 2009
  • "How Private Is that Email to the Contract Attorney in Mumbai? Attorney-Client Privilege in the 21st Century," moderator, Association of Corporate Counsel, Northeast Chapter, February 2009
  • "Top Tips for Avoiding Malpractice Claims," moderator, American Bar Association Connection teleconference, December 17, 2008
  • "Communications: Letters are still best," in "Malpractice Minefield: 5 top traps - and how to avoid them," American Bar Association Journal, December 2008
  • "The New Federal Rule of Evidence 502: Limitations on Waiver,"American Bar Association's Standing Committee on Lawyers' Professional Liability eAdvisory, September 2008
  • "Lawyers Facing Lawsuits from Clients and Colleagues," speaker, National Asian Pacific American Bar Association, Northeast Regional Conference, May 2008
  • "Civil Practice Issues," panelist, Lawyers Following Orders: Ethical Pitfalls and Practical Advice, Suffolk University Law School Center for Advanced Legal Studies and the New York City Bar, April and May 2008
  • "Biting the Hand that Sues You: Anti-SLAPP Statutes and Malicious Prosecution Cases," panel speaker, Lawyers' Professional Liability Conference, American Bar Association, September 2007
  • Bench-Bar Conference, program chair, Boston Bar Association, March 2007
  • "Practical Strategies for Avoiding Conflicts," panel speaker, Suffolk University Law School's Continuing Legal Education Seminar, Massachusetts and Rhode Island, Spring 2007
  • "Business Litigation: Federal or State Court," program co-chair, Continuing Legal Education Seminar, Boston Bar Association, December 2006
  • "Lawyers Facing Lawsuit," program chair, Continuing Legal Education Seminar, Massachusetts Bar Association, 2003-2004
  • "Shifting Sands: The Shift of Management's Fiduciary Duty to Creditors in the Zone of Insolvency," director and officer, Liability Seminar, Center for Advanced Legal Studies at Suffolk University Law School, April 25, 2003
  • "Dangerous Liaisons - What You Write for Your Client Can Get You Sued," speaker, Professional Liability Committee, Boston Bar Association, 2002
  • "An Attorney's Duty to Non-Clients," New England Law Review, vol. 37, p. 55, 2002
  • "Hey, Who Threw That Snowball? Attorneys Blindsided by Non-Client Lawsuit," speaker, Professional Liability Committee, Boston Bar Association, 2001
  • "The Levy v. Reardon Problem: Form over Substance," with E. Randolph Tucker, Massachusetts Continuing Legal Education Real Estate Conference, Massachusetts Continuing Legal Education, 2000
  • "Boys Being Boys and Girls Being Girls - Student-to-Student Sexual Harassment from the Courtroom to the Classroom," UCLA Women's Law Journal, vol. 7, p. 263, 1997
  • "A Discussion on Ethical Decisions," Journal of Legal Professionals, vol. 21, p. 89, 1996-1997
  • "Thomas S. Kuhn and Courtroom Treatment of Science Evidence," Temple Environmental Law & Technology Journal, vol. 15, p. 195, 1996

 Community Involvement

  •  Harvard Law School Trial Advocacy Workshop
    • Advisor, 2001-to present

 Memberships

Edward S. Cheng