Jeffrey E. Poindexter

Jeffrey E. PoindexterPartner
jpoindexter@bulkley.com
P: (413) 272-6232
F: (413) 272-6806

Practice Areas
Commercial Litigation
Construction Law/Litigation

Education
Georgetown University
J.D., 1994

Western New England College
B.A., summa cum laude, 1991

Admissions
Massachusetts
District of Massachusetts
Maryland

Memberships
Massachusetts Bar Association
Hampden County Bar Association

Biography:

 
Jeff Poindexter is a member of the firm's Litigation/ADR Department and Construction Law Practice Group. He handles all aspects of civil litigation, arbitration and mediation and has worked on matters at both the trial and appellate court levels in both state and federal courts. Jeff represents corporate and business clients in litigation of a wide array of disputes, including contract, business, employment, trademark infringement and other commercial matters. He also serves as local counsel, working with clients’ lead counsel, for large, complex commercial litigation and other matters in state and federal courts. Jeff has substantial experience in representing owners and contractors in connection with small, medium and large construction projects, including negotiation and drafting of contracts and litigating, arbitrating and mediating construction law disputes.

Jeff serves as the alumni member and secretary of the board of trustees of Springfield Technical Community College and as a member of the corporate board of directors of the YMCA of Greater Springfield. He is a member of the Sigma Pi Phi Fraternity and its Springfield chapter, Beta Sigma Boulé, which is a national fraternity of African American professionals and the first Greek-letter organization to be founded by African American men.

Jeff has twice been selected to serve on the Merit Selection Panel to appoint and reappoint United States District Court Magistrate Judges for the District of Massachusetts. He has served, by appointment of Massachusetts Governor Deval Patrick, on the state’s Finance Advisory Board and the Massachusetts Department of Industrial Accidents Judicial Nominating Panel, and by appointment of the mayor of Springfield on the city’s Retirement Board. Jeff has also served on the board of the Springfield Boys & Girls Club, on the board and executive committee of Springfield School Volunteers and on the board of Hampden County Lawyers for Justice.

Jeff works with the Massachusetts Sections (Western and Eastern) of the National Machining and Tooling Association on a number of community and political initiatives and presented on Massachusetts wage and hour laws at the sections’ 2008 Regional Conference. He also serves on the board of the Country Club of Wilbraham.


Related Professional Experience:

 
Jeff served as a law clerk to the Honorable Michael A. Ponsor, United States District Court, District of Massachusetts.

Publications:

 
Co-Author, Massachusetts Continuing Legal Education, Federal Civil Litigation in the First Circuit, Chapter 1, Summary Judgment and Other Threshold Dispositive Motions, Defendant’s Perspective (2011 ed., awaiting publication).

Co-Author, Massachusetts Continuing Legal Education, Massachusetts Superior Court Civil Practice Jury Instructions, Chapter 19, Civil Rights Actions (2008 e.).

Author, The Prompt Payment Act – Pay-if-Paid Clauses Generally Unenforceable and Other New Rules for Construction Contracts, Newsletter, January 4, 2011.

Author, Important Changes to Wage & Hour Laws in MA – Automatic Treble Damages in Massachusetts Wage Violation Cases, Newsletter, May 9, 2008.


Representative Experience:

 
Represented national manufacturer of products for the aerospace, petroleum, petro-chemical and heavy equipment industries in multi-jurisdictional commercial contract dispute pending in federal district court in Massachusetts, California and before the arbitration division of the International Chamber of Commerce.

Obtained permanent injunction against wholesale distributor of paper and packaging products in a trademark infringement action against competing company formed by former officer and shareholder.

Represented clients in products liability cases, including a hospital in connection with an alleged defective automatic implantable cardioverter defibrillator; a national manufacturer and distributor of tractor trailers in connection with an alleged defective underride guard; and a drug maker in connection with claims alleging defective product and failure to warn.

Represented clients in class actions and collective actions, including a publicly traded manufacturing company in connection with alleged claims of securities fraud; and a publicly traded timeshare company alleging wage and hour and FLSA violations.

Successfully defended private equity investors in multimillion-dollar dispute with major Japanese company involving joint development and licensing agreements to develop and sell surveillance equipment.

Obtained summary judgment and injunctive relief on behalf of wireless communications carrier in federal lawsuit against municipality under the Telecommunications Act of 1996.

Successfully defended company and majority shareholders against derivative and other claims by minority shareholder of limited liability company relating to alleged freeze-out and breach of fiduciary duties.

Represented company in claims against software consultant in connection with the failed implementation of enterprise resource planning software.

Represented hospital in several actions including an action against a construction manager and architect relating to alleged defective design and construction of a $100 million construction project.

Successfully litigated on behalf of various colleges and a private school in connection with construction disputes involving claims and counterclaims with the general contractors, architects and subcontractors.