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Introduction
Deborah L. Thaxter has extensive experience in complex business litigation in both federal and state jurisdictions, with special emphasis on securities and corporate disputes representing corporations and their officers and directors, as well as general partnerships and public and private limited partnerships.
My focus
I have extensive trial experience in both state and federal courts, including bankruptcy courts, throughout the country, including the New England states, Delaware, Florida, California, New Jersey, Maryland, New York, Oklahoma, Ohio, Pennsylvania and Texas. I’ve also litigated extensively in the Chancery Courts of Delaware.
Over my decades of practice, I have litigated a variety of corporate control contests and regulatory enforcement actions. For example, I recently represented the CEO of a public company in federal court in Massachusetts in a civil enforcement action brought by the SEC, where the jury, after a lengthy trial, rendered a defense verdict for the CEO on all counts.
I have also litigated numerous cases involving trade secrets and non-competition agreements for software, distribution and financial companies in both federal and state courts in over a dozen states.
Representative experience
- Successful defense of principals and founders of one of the Country's largest real estate companies in multijurisdictional litigation involving control of $500 million in assets including public and private funds. Litigation included:
- Proxy solicitation litigation in the Southern District of New York (917 F.Supp. 1050)
- Change of control, breach of fiduciary duty, and contempt proceedings in the Circuit Court for Montgomery County, Maryland
- Derivative and securities litigation in connection with tax-exempt bond funds in the Delaware Chancery Court
- Books and records litigation in Delaware Chancery Court making new law (685 A.2d 365, (1996))
- Successful defense of officers and directors of CRIIMI MAE in 10(b)5 securities class action seeking $800 million in damages; (Dismissed on motion) (94 F.Supp.2d 652 (2000)
- Successful defense of CEO and founder of high technology biotechnology business in 10(b)5 securities fraud case seeking $300 million including claims of insider trading and improper revenue recognition
- Successful defense of public REIT with more than $1 billion invested in mortgage-backed securities in derivative and 14(a) securities class action concerning a $50 million related-party transaction
- Successful defense and settlement of a securities class action against the managing partners and trustees of twenty public equipment leasing funds and trusts with owned assets in excess of $400 million
- Successful defense and settlement of a 14(a) securities class action against the managing partners of fourteen public equipment leasing funds in connection with self-tender offer
- Successful defense of institutional owners of real estate in multiple disputes arising from mini-tender offers in real estate partnership
- Successful prosecution by private investor fund against broker dealer for unsuitable investment in complex mortgage-backed derivatives resulting in multimillion dollar arbitration award
Clerkships
- United States District Court for the District of Columbia, The Honorable June Green
Looking ahead
Litigation attorneys need to be more willing to partner with clients through alternative fee arrangements and to adopt disciplined project and budget management strategies. I believe clients will continue to look for trial lawyers who have solid court room experience and who can use that experience to manage cases efficiently, avoid unnecessary discovery disputes and expenses and to identify, when appropriate, the alternative dispute resolution procedures that are most likely to succeed.
In the news
- The Boston Globe
From Blizzard legal battles to 15 minutes of casket fame, it was another weird, wacky year in Boston business
Dec 26, 2022This column of notable Boston-area business news from 2022 includes client W.B. Mason Co.’s trial victory in a trademark infringement and dilution case brought by Dairy Queen related to the client’s BLIZZARD private-label spring water. The article mentions the firm for representing W.B. Mason. NP’s trial team, led by Intellectual Property partner and Cybersecurity & Privacy practice group leader Jason Kravitz, included Cybersecurity & Privacy counsel Gina McCreadie, associates Leslie Hartford and Melanie Dempster, and Complex Disputes senior counsel Deborah Thaxter, all of the Boston office.
- Minnesota Lawyer
Dairy Queen loses round in dispute over BLIZZARD name
Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz is quoted in this article covering the recent win for client W.B. Mason Co., finding that the company didn’t violate Dairy Queen’s trademark rights by using the BLIZZARD name on its private-label spring water. The NP trial team, led by Jason, also included Privacy & Technology counsel Gina McCreadie and associates Leslie Hartford and Melanie Dempster, and Complex Disputes senior counsel Deborah Thaxter, all of the Boston office.July 7, 2022 - Massachusetts Lawyers Weekly
In 'blizzard' battle, W.B. Mason tops Dairy Queen
Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz is quoted throughout this article covering the recent federal court win for client W.B. Mason Co., finding that the company didn’t violate Dairy Queen’s trademark rights by using the BLIZZARD name on its private-label spring water. The NP trial team, led by Jason, also included Privacy & Technology counsel Gina McCreadie and associates Leslie Hartford and Melanie Dempster, and Complex Disputes senior counsel Deborah Thaxter, all of the Boston office.July 1, 2022 - World Intellectual Property Review
Lost in a blizzard: Buffett's Dairy Queen trademark loss
Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz is quoted throughout this article covering the recent federal court decision in favor of client W.B. Mason Co., finding that the company did not violate Dairy Queen’s trademark rights by using the BLIZZARD name on its private-label spring water. The NP trial team, led by Jason, also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Disputes senior counsel Deborah Thaxter and associate Melanie Dempster, all of the Boston office. The win earned them recognition as runners-up for AmLaw’s “Litigator of the Week.”June 23, 2022 - NBC Boston
WB Mason defeats Dairy Queen in Blizzard trademark fight
The following clip covers a federal court’s decision in favor of client W.B. Mason Co., which found that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The NP trial team, led by Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Disputes senior counsel Deborah Thaxter and associate Melanie Dempster, all of the Boston office.June 21, 2022 - Law360
Judge shuts door on Dairy Queen's 'Blizzard' trademark fight
The following clip covers a federal court’s decision in favor of client W.B. Mason Co., which found that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The NP trial team, led by Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Disputes senior counsel Deborah Thaxter and associate Melanie Dempster, all of the Boston office.June 21, 2022 - Law360
WB Mason Strikes Back Against Dairy Queen 'Blizzard' Suit
In the following coverage, Boston partners Jason Kravitz and Gina McCreadie, senior counsel Deborah Thaxter, and associate Leslie Hartford are mentioned for representing W.B. Mason in a trademark infringement case against Dairy Queen over the use of the word “blizzard.”March 15, 2018 - Law360
Buffett's Dairy Queen sues W.B. Mason over 'Blizzard'
In the following coverage, Boston partners Jason Kravitz and Gina McCreadie, senior counsel Deborah Thaxter, and associate Leslie Hartford are mentioned for representing W.B. Mason in a trademark infringement case against Dairy Queen over the use of the word “blizzard.”March 15, 2018
Admitted to practice
Massachusetts
U.S. District Court, District of Massachusetts
U.S. Court of Appeals, First Circuit
U.S. District Court, District of Maryland
U.S. Court of Appeals, Fourth Circuit
Education
Northeastern University School of Law, J.D.
Professional activities
- Has taught and lectured extensively on state and federal trial tactics involving securities and class action litigation, as well as litigation involving trade secrets and restrictive covenants.
- Appointed to the advisory board for the Business Session of the Massachusetts Superior Court.
- Speaker at various continuing legal education seminars, including most recently: MCLE Annual Business Litigation Conference 2004-2007 on “Non-Competes, Trade Secrets and Employee Raiding"; ACC 2004 Annual Meeting, Chicago, IL-Trade Secrets & Restrictive Covenants—Competing Considerations in a Mobile Marketplace; ABI Northeast Bankruptcy Conference in Newport, RI (2003) Boston Bar Association Commercial Litigation CLE Program entitled “Advice from the Experts: Successful Strategies for Winning Commercial Cases in Federal Courts"; MCLE Mass. Business Litigation Conference 2002 on “Non-Competes and Trade Secrets"; and Numerous Institute for Professional Executive Development (IPED) Seminars on litigation in investment tax credit partnerships 2005-2007.
Recognition
- Recognized as a 2020 Litigation Star by Benchmark Litigation, as well as in previous years.
Insights And Happenings
View AllProfessionals in the Practice Area
View AllJohn Ruskusky
Partner / Practice Group Leader, Complex Disputes- Chicago
- Office:312.977.4460Mobile:708.606.8720
- jtruskusky@nixonpeabody.com
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Daniel J. Hurteau
Office Managing Partner / Deputy Practice Group Leader, Complex Disputes- New York
- Office:518.427.2652
- dhurteau@nixonpeabody.com
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Joseph J. Ortego
Partner / Diversity Partner / Chair, NP Trial® / Leader, Aviation- New York
- Office:212.940.3045
- jortego@nixonpeabody.com
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Carolyn G. Nussbaum
Partner- Rochester
- Office:585.263.1558Mobile:585.766.1480
- cnussbaum@nixonpeabody.com
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Christopher M. Mason
Partner / Deputy Leader, Class Actions and Aggregate Litigation / Leader, Arbitration Team- New York
- Office:212.940.3017
- cmason@nixonpeabody.com
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