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dmortensen@rubinrudman.com
Direct #: (617) 330-7044
Fax #: (617) 330-7550





David S. Mortensen


Litigation:

Trial and appellate attorney with extensive experience as lead counsel representing individuals, businesses, insurance companies, insured parties, institutional clients (universities, churches, hospitals) and professionals in a wide range of fields (medical, legal, accounting, architecture, engineering, educators, and religious leaders) appearing in federal and state courts in Massachusetts, 14 other states, DC and overseas.  As lead counsel has tried and handled civil cases involving class actions; antitrust violations (private and governmental); employment discrimination; employment contracts; unfair competition; patent and copyright infringement; construction; mass disasters (in China, Denmark, Egypt, Mexico); admiralty (including ship collisions, sinkings, groundings, seizures and navigation); trade secrets; lending practices; commercial sales and lending; insurance coverage; product liability; personal injury (both plaintiff and defendant); malpractice (legal, medical, accounting); public bidding; probate (estate, divorce, will contests and adoption disputes); disputes between principals in closely held business; environmental; liquor licensing; election contests; and a broad range of business practices generally.  Has also as lead counsel handled criminal cases involving armed robbery (bank and other), embezzlement, counterfeiting, sexual predation, controlled substances and serious traffic offenses.

Practice Areas
Litigation

Education
Harvard University, J.D., 1967
College of Wooster, B.A., cum laude, 1964

Bar Admissions
U.S. Supreme Court
U.S. Tax Court
U.S. Court of Appeals, First Circuit
U.S. District Court, District of Massachusetts
Massachusetts

Professional and Community Involvements
American Bar Association, member, Litigation, Health Law and Antitrust Sections
Massachusetts Bar Foundation, Life Member
Massachusetts Bar Association, member, Commercial Litigation Section
Boston Bar Association, member, Litigation Section
Association of Trial Lawyers of America, member
Law clerk to U.S. District Judge, Boston (1967-1969)
Harvard Law School, Adjunct Faculty, Trial Advocacy Program - 20+ years.
Lecturer, MCLE seminars on civil procedure
Lecturer/demonstrator, NELI courses on trial advocacy
Instructor, Boston University School of Law, Legal Research and Writing (1968-69)
Arbitrator, American Arbitration Association
Trustee, The College of Wooster (1990-1996)
Revels, Inc., President (1991-1996), (1988-1996)
Moderator, First Congregational Church in Winchester (1981 to 2009)
Elected member of Winchester Town Meeting, 34 years (occasional stand-in Moderator)
Chairman, Winchester Committee on Government Regulations (1996-83, 2001-- )
Co-founder, Winchester Interfaith Housing Corporation
Chairman, Winchester Housing Partnership Board (1993-94)
Finance Committee, Winchester Committee for A Better Chance, Inc.
Director, METCO, Inc., 1984
President, Winchester Scholarship Foundation (1988-94)
Co-chair, Long Range Planning Committee, Winchester Community Music School
Co-chair, Winchester Special Study Committee on Low and Moderate Income Housing
Chairman, Winchester Committee for Celebration of Sesquicentennial of Incorporation
Chairman, Winchester Search Committee for School Superintendent
Winchester Arts Lottery Council, member (2 terms)
Justice of the Peace (three terms, 1991 -- )
Founding legal advisor, Winchester Concert Program
Founding legal advisor, Winchester Interfaith Council
Founding legal advisor, Winchester Community Nursery School, Inc.
Former Director, Videmus, Inc., concert series to promote minority composers
Winchester Chamber of Commerce, former Director, Member Executive committee

Other

PUBLICATIONS

"The Role of 42 U.S.C. Section 1983 In Federal Litigation," Ch. IV of Federal Court Civil Litigation in the First Circuit, The View from the Bench, Massachusetts Continuing Legal Education (1987, 95pp.).

"International Arbitration", chapter in course materials of Litigation on the international Scale: Suing and Defending Foreign Corporations, Massachusetts Bar Association (1989).

"Expert Witness: Deposing the Financial Expert Witness", with Jos. J. Floyd, special feature in Mass. Lawyers' Weekly (1994).