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Tarae L. Howell



Tarae Howell is a litigator who focuses his practice on resolving complex disputes for a variety of clients. He navigates these through employing practical strategies to efficiently resolve matters and to minimize interference with the client’s business.

What do you focus on?

I focus on assisting clients in disputes involving breach of contract, product liability, intellectual property, franchise, investment funds, private equity and trusts and estates.

Complex Commercial Disputes

I represent clients in complex business disputes, particularly those involving product liability for pharmaceutical and biotech companies, and financial services disputes for both financial institutions and private investment funds. I have experience litigating matters in state and federal courts in numerous jurisdictions and appellate matters before the Massachusetts Appeals Court and the Massachusetts Supreme Judicial Court.

Intellectual Property

My extensive IP litigation experience includes managing international trademark enforcement campaigns, trademark and copyright infringement litigation, complex patent disputes and franchise disputes.

Trusts and Estates Litigation

I represent financial institutions, businesses and high net-worth families in trusts and estates disputes, including will contests, accounting matters and matters involving charitable trusts. I regularly appear in the Massachusetts Probate and Family Courts and my experience includes defending a financial institution before the Massachusetts Appeals Court.

What do you see on the horizon?

As the regulatory landscape for the financial services industry evolves, I see institutions increasingly seeking guidance on how best to navigate changing regulations to ensure that they can continue to serve their customers and expand their businesses.

Representative Experience

  • Represented a Canada-based manufacturer in U.S. federal court for a dispute that involved a claim for false designation of origin under the Lanham Act
  • Represented a pharmaceutical company in a product liability matter involving a fertility drug
  • Represented a medical device manufacturer in a product liability matter involving a medical device
  • Represented a real estate company in a multi-year franchise dispute that involved both contract and trademark issues
  • Represented a real estate investment company in a copyright infringement matter
  • Represented human resources technology company in breach of contract matter in Massachusetts state court
  • Representing financial institution in several matters involving charitable trusts
  • Represented fitness franchisor in commercial lease dispute against franchisee

Publications

  • “Fair is Foul and Foul is Fair: Have Insurers Loosened the Chokepoint of Copyright and Permitted Fair Use’s Breathing Space in Documentary Films” (coauthor), Connecticut Insurance Law Journal, Volume 15, Issue 2 (2009).
  • “Keep that trust out of the kitchen sink: how the MA Supreme Judicial Court recently protected discretionary spendthrift trusts,” Trusts and Estates Blog (Nixon Peabody LLP), August 23, 2016.

Watch-Reassessing boilerplate clauses in a post-COVID world

SupplyChainBrain | June 24, 2021

Corporate partner Amy O’Keefe and Complex Commercial Disputes associate Tarae Howell, both in the Boston office, are featured in this video, sharing their insights on boilerplate clauses and best practices to avoid pitfalls in a post-COVID world.

Estate planning for first-time parents

Financial Advisor | June 22, 2021

Complex Commercial Disputes associate Tarae Howell and Private Clients associate Bryce Helfer, both of the Boston office, contributed this article on estate planning for new parents—a group that often delays the undertaking.

Litigator of the Week shout outs and runners-up

The AmLaw Litigation Daily | May 07, 2021

This article recognizes the full NP team that secured a major damages win on behalf of Takeda subsidiary Millennium Pharmaceuticals. Litigation Department vice chair and partner Ethan Trull and partner John Ruskusky, both of the Complex Commercial Disputes group in Chicago, led the damages trial team. The NP team also included partner Lisa Sullivan, associate Katie Burnett, e-discovery specialist Anders van Marter, and paralegal Donna Long, all of the Complex Commercial Disputes group in Chicago. In addition, Intellectual Property partner Mark FitzGerald and Complex Commercial Disputes associate Tarae Howell, both of the Boston office, played integral roles in the initial fraud win for Millennium in 2020.

Chancery awards biopharm company $38M for fraud-tainted deal

Law360 | April 23, 2021

This article, covering the Delaware Chancery Court’ s $38.2 million damages judgment in favor of Takeda subsidiary Millennium Pharmaceuticals for its fraud claim against Harpoon Therapeutics, mentions Chicago Complex Commercial Disputes partners Ethan Trull, John Ruskusky and Lisa Sullivan; associate Katie Burnett; senior e-discovery specialist Anders van Marter; and paralegal Donna Long for representing Millennium. Intellectual Property partner Mark FitzGerald, Complex Commercial Disputes associate Tarae Howell, and Intellectual Property patent specialist Angela Hafner, all in Boston, have also played integral roles in the matter.

How Franchising and Licensing Can Be Avenues to Expand Your Fitness Business

Club Industry | October 31, 2018

In the second part of this two-part column, Nixon Peabody attorneys Kristin Jamberdino, Keri McWilliams, and Tarae Howell discuss potential avenues of expansion for fitness studios, including licensing and franchising. Click here to read Part Two.

How Franchising and Licensing Can Be Avenues to Expand Your Fitness Business

Club Industry | October 31, 2018

In this column, Nixon Peabody attorneys Kristin Jamberdino, Keri McWilliams, and Tarae Howell discuss potential avenues of expansion for fitness studios, including licensing and franchising.

How to expand your fitness business through brand management and careful investment

Club Industry | October 23, 2018

New York City Complex Commercial Disputes partner Kristin Jamberdino; Washington, DC, Corporate partner Keri McWilliams; and Boston Complex Commercial Disputes associate Tarae Howell co-wrote a two-part contributed article advising boutique fitness entrepreneurs on best practices for expanding their brands.

How to expand your fitness business through brand management and careful investment

Club Industry | October 22, 2018

New York City Complex Commercial Disputes partner Kristin Jamberdino, Washington DC Corporate partner Keri McWilliams and Boston Complex Commercial Disputes associate Tarae Howell co-wrote a two-part contributed article advising boutique fitness entrepreneurs on best practices for expanding their brands. Click here to read Part One.

What Boston must do to get more black lawyers

Boston Business Journal | October 17, 2018

Boston Complex Commercial Disputes associate Tarae Howell is quoted in this article about his journey to practicing law and how he serves as a role model for young African Americans who are interested in legal careers.

Contact

Tarae L. Howell

Associate

Boston

Phone: 617-345-1249


Fax: 866-999-0837

University of Connecticut School of Law, J.D., Certificate in Intellectual Property

Cornell University, B.S.

Massachusetts

U.S. District Court, District of Massachusetts

U.S. Court of Appeals, First Circuit

Tarae was selected to the 2018 Massachusetts Rising Stars list in New England Super Lawyers Magazine, was recognized as Volunteer of the Year by the Boston Debate League in 2013 and was named to the 2013 Lawyers of Color’s inaugural Hot List.

Tarae is a member of the American and Boston bar association and Greater Boston Fiduciary Law American Inn of Court.

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