Joe Downes focuses his practice on commercial litigation and bankruptcy matters. Prior to forming Downes McMahon LLP, Joe practiced at Demeo LLP, where he was a partner, and Choate, Hall & Stewart LLP, where he was a senior associate in the litigation and bankruptcy departments.
Joe has extensive experience representing a broad range of clients—including software companies, banks, insurers, trustees, creditors’ committees, private equity funds, accounting firms, data centers, commercial landlords and tenants, corporate executives, business owners, shareholders, closely-held corporations, condominium associations, restaurant franchises, taxing authorities, manufacturers and distributors—in a variety of litigation and bankruptcy matters. Joe has significant trial experience in commercial litigation matters and has led the prosecution or defense of hundreds of adversary proceedings in bankruptcy. Joe also has extensive experience reviewing and drafting contracts and offering related advice to clients in connection with litigation, bankruptcy, settlement, asset sales and financing transactions.
Joe earned his bachelor’s degree from Providence College in 1994, and graduated from the University of Michigan Law School in 2002, where he served as a contributing editor for the Journal of Law Reform.
Joe is admitted to practice in the Commonwealth of Massachusetts, the U.S. District Court for the District of Massachusetts and the U.S. Court of Appeals for the First Circuit. Joe is a member of the Boston Bar Association and the American Bankruptcy Institute.
Joe has been selected by his peers as a Massachusetts Super Lawyer for 2013, 2014, 2015 and 2016.
- Obtained preliminary injunction effectively freezing all of defendants’ assets and successfully opposed interlocutory appeal challenging such action.
- In appeal before Massachusetts Appeals Court, successfully defended clients’ summary judgment award.
- Following eight-day trial, obtained seven-figure judgment on behalf of biotech company.
- Obtained $645,964.92 award and dismissal of counterclaims at summary judgment for clients in action involving breach of contract and fiduciary duty claims in dispute over closely held corporation.
- Obtained award of $68,912.59 in costs and attorneys’ fees on behalf of client for violation of U.S. District Court’s discovery orders.
- Obtained seven-figure preliminary injunction on behalf of plaintiff in alter ego action.
- In bankruptcy case, negotiated $6,300 settlement on behalf of insider of debtor following trustee’s initial demand for over $170,000.
- Negotiated favorable separation and severance package, including resolution of non-compete covenants, on behalf of senior corporate executive.
- Obtained seven-figure arbitration award against client’s former independent contractor for breach of contract and violation of M.G.L. c. 93A.
- Obtained six figure reach and apply injunction in connection with fraud and breach of contract claims in dispute over closely held corporation.
- Obtained award of $73,891.75 in attorneys’ fees on behalf of client as a sanction for discovery misconduct in the Mass. Superior Court.
- Drafted license agreement in connection with eCommerce client’s license of name, trademarks and website.
- Successfully opposed request for lis pendens motion and obtained favorable settlement following special motion to dismiss pursuant to M.G.L c. 184 s. 15 on behalf of mortgagee following foreclosure sale.
- Obtained six-figure consent judgment for client in SDNY bankruptcy adversary proceeding contesting discharge and dischargeability.
- In appeal before the First Circuit, successfully defended client’s $1.4 million summary judgment award.
- In high-stakes litigation, obtained temporary restraining order on behalf of software company faced with licensor’s bad-faith termination of licensing agreement.
- After U.S. District Court trial, obtained permanent injunction and breach of contract award against independent contractors who attempted to abscond with company’s confidential information and form competing business.
- Obtained $1.4 million award and dismissal of all counterclaims at summary judgment on behalf of medical software company in matter concerning customer’s wrongful termination of software licensing agreement.
- Following trial, obtained award of $51,683 in sanctions against debtor for violating the automatic stay. Massachusetts Lawyers Weekly named In re Sayeh one of the most important bankruptcy opinions issued in 2011.
- Following trial, obtained order approving Chapter 11 Trustee’s negotiated settlement over debtor’s objection, which resulted in substantial benefit to bankruptcy estate.
- Obtained dismissal of fraud claim against software company.
- Obtained summary judgment for publicly-traded company in commercial lease dispute with landlord.
- Obtained summary judgment award on behalf of Chapter 11 Trustee determining that landlord’s alleged “all asset” security interest was unperfected.
- Represented major pharmacy chain in connection with $1.4 million judgment obtained in breach of contract action.
- Obtained preliminary injunction and orders for trustee process attachment and replevin on behalf of secured lender in action against defaulting party.
- Represented private equity firm in connection with distressed portfolio company’s wage and creditor issues.
- Represented private equity firm in its purchase of intellectual property and related assets of biotech company in Section 363 bankruptcy sale.
- Represented second-lien lender in Article 9 secured party sale of assets of commercial livery service.
- Following seven-day trial, obtained judgment establishing existence of client’s beach access easement across neighboring property in Martha’s Vineyard. Client’s property valued at approximately $16 million.
- Following trial in pro bono matter, obtained political asylum on behalf of Salvadoran national who was detained in connection with the ICE raid of Michael Bianco, Inc. in Fall River, and was recipient of death threats.