A. Neil Hartzell

Partner

Boston, MA | Providence, RI
D 617.963.5966
nhartzell@fmglaw.com

Overview

Neil Hartzell is a Partner in Freeman Mathis & Gary’s Boston and Providence offices and is Vice-Chair of the firm’s Commercial Litigation/Directors & Officers national practice section. He is also Chair of the firm's Intellectual Property national practice team and Vice-Chair of the Media practice team. Mr. Hartzell is a trial and appellate lawyer and has extensive experience in a broad range of matters, representing both plaintiffs and defendants in complex civil litigation including commercial disputes, construction, Anti-trust, class actions, false claims act and state whistleblower, eminent domain litigation, real estate, securities litigation and investigations, FINRA proceedings, directors and officers, business torts, trade secrets, copyright, trademark, patent, civil RICO, insurance coverage, including environmental and bad faith claims, medical device litigation, contract actions, civil rights, aviation, workplace and employment related matters, including discrimination claims, ERISA, construction, and environmental including Chapter 21E and CERCLA claims, banking litigation, creditors and debtors in bankruptcy proceedings, claims involving accountants, attorneys, design professionals as well as governmental investigations. Mr. Hartzell has represented parties in zoning and permitting matters, and parties in loan workouts, including forbearance agreements, loan sales, related litigation and bankruptcy.

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Bar Admissions

Massachusetts

Rhode Island

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of Rhode Island

Representative Cases & Clients
  • Represents drug manufacturer in Louisiana and Mississippi concerning claims for improper reimbursement.
  • Represent parties including landlords in commercial lease matters, disputes and litigation.
  • Represents  creditors in bankruptcy and receivership proceedings
  • Represents broker dealers and representatives in FINRA and court proceedings
  • Represented construction firm in FCA case involving claims of improper overhead calculations concerning overseas project; obtained dismissal on summary judgment.
  • Represented medical device manufacturer in FCA claims regarding claim of improper reimbursement due to device failures; obtained dismissal of claims on motion to dismiss.
  • Represented drug manufacturer in FCA claims concerning improper Medicaid reimbursement; obtained dismissal of claims on motion to dismiss.
  • Represented worldwide construction company on alleged cost reimbursement issues arising from Central Artery Tunnel Project (“Big Dig”); obtained dismissal on summary judgment.
  • Represented worldwide construction company on alleged FCA violations and employment claims arising from Big Dig project; obtained dismissal on summary judgment.
  • Represented engineering firm in federal government investigation.
  • Represented witness before state grand jury on accounting fraud claim.
  • Represented several witnesses before federal grand jury in government investigation concerning the Big Dig Project.
  • Represented the Program Manager of the Big Dig Project in connection with multiple investigations by the Securities and Exchange Commission and U.S. Attorney’s Office.
  • Conducted investigations for federal government agency into directors and officers of banking institution.
  • Represented individual in alleged securities fraud class action claim. Obtained dismissal of all claims including reported question to the Third Circuit; Obasi Investment Ltd et al v. Tibet Pharmaceuticals et al; No. 18-1849, July 26 2019.
  • Defense verdict on behalf of client in federal court six week jury trial in environmental case alleging PCB contamination, affirmed on appeal before the First Circuit Court of Appeals.
  • Summary judgment on behalf of plaintiff on note claim, awarded summary judgment on lender liability counterclaim, affirmed on appeal before First Circuit Court of Appeals.
  • Summary judgment on behalf of multiple clients in $39 million alleged stock fraud claim, affirmed on appeal before Massachusetts Appeals Court.
  • Obtained summary judgment on behalf of airport fixed based operator on antitrust claim.
  • Defense verdict on behalf of client in multiple week jury trial on alleged stock fraud claim.
  • Summary judgment on behalf of client employer in alleged discrimination claim.
  • Dismissal of fraud complaint against former drug product manufacturer in alleged whistleblower claim.
  • Obtained favorable settlement for software developer in intellectual property dispute.
  • Summary judgment on behalf of insurer in coverage litigation.
  • Represented individual in alleged insider trading claim.
  • Represented company on patent ownership issues.
Affiliations
  • Rhode Island Bar Association
Awards and Recognition

  • Listed in The Best Lawyers in America® since 2013
  • “AV Preeminent” rated by Martindale Hubbell Peer Review Ratings System (Peer rating 5.0 out of 5.0)
  • Recognized as a Massachusetts Super Lawyer by Law & Politics magazine in the areas of Employment & Labor Law (2015) and Environmental (2016-2017), Business Litigation (2018-2023)
  • Elected to the Federation of Defense & Corporate Counsel, 2015
  • Verdict on behalf of client in alleged stock fraud case listed on one of 10 top defense verdicts in 2016 by Court View Network. For article click here.