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  • Mary Ellen MacDonald
    Counsel

Mary Ellen is a member of the firm’s Litigation/ADR Department and the Real Estate Practice Group. Mary Ellen handles all aspects of civil litigation, including arbitration and mediation, and has worked on matters in both the state and federal courts at the trial and appellate level in Massachusetts and New Hampshire. She represents banks, financial institutions, and other types of businesses in a wide array of complex commercial disputes. She has particular experience defending cases alleging predatory lending, violations of the Uniform Commercial Code including check fraud and wire transfer fraud, and in real estate matters including title issues, lease disputes, condominium issues and mortgage related claims. She is experienced in representing buyers, sellers, and lenders in both commercial and residential real estate transactions. Mary Ellen has also defended claims arising from automobile accidents, premises liability accidents and professional liability claims.

Mary Ellen is active in many school and community organizations in her hometown of Belmont, Massachusetts. She was named a Massachusetts Rising Star in 2008.


Related Professional Experience:

Mary Ellen joined the firm in 2004, after working for a Cambridge firm that specialized in insurance defense litigation. Prior to that, she worked for a Boston firm where she worked on a variety of commercial litigation matters with an emphasis on banking and real estate.


Representative Experience:
Lechoslaw v. Bank of America, N.A., 575 F. Supp. 2d 286 (D.Mass. 2008) Allowed in part, and denied in part, a motion for summary judgment relating to the international collection of a domestic draft.

Lechoslaw v. Bank of America, N.A., 618 F.3d 49 (1st Cir. 2010) Bank of America obtained a jury verdict in this case that involved complex issues of international law and the collection of domestic drafts. Verdict affirmed on appeal by the U.S. First Circuit Court of Appeals.

Lechoslaw v. Bank Handlowy w Warszawie, 618 F.3d 49 (1st Cir. 2010) Bank Handlowy prevailed on a motion to dismiss for lack of personal jurisdiction. The motion to dismiss was affirmed on appeal by the U.S. First Circuit Court of Appeals.

Represented national banks in suits alleging mortgage fraud and violations of the Truth in Lending Act, Consumer Protection Act, Massachusetts Consumer Credit Cost Disclosure Act, FDCPA and RESPA.

Represented regional and national banks in claims alleging check fraud and wire transfer fraud.

Represented a national bank in clearing titles to properties with duplicate mortgages, erroneous mortgage releases and mistaken payment applications.

Spent eight months as a seconded lawyer in a large financial institution working on responses to regulatory agency inquiries, foreclosure related title issues and assisting with a variety of underwriting and litigation issues.