Benjamin Lajoie, Bailey Glasser Photo
Attorney

Benjamin P. Lajoie

Overview

Ben Lajoie’s practice involves all aspects of complex civil litigation. He represents a diverse range of clients faced with high-stakes disputes, including consumer class actions, multidistrict litigation, and business litigation. He has helped lead multidistrict litigation involving medical device product liability on behalf of nationwide consumers, represented companies in competitor suits from unfair and deceptive trade practice claims, and represented a class of beneficiaries for breach of fiduciary duty against the institutional trustee.

Ben also provides a broad range of services to emerging, high-growth companies as well as investors in the technology, life sciences, and cannabis industries. He is a trusted advisor and adept at guiding these entities at every stage of their life cycle, including through business model issues, startup fundraising strategy, and development of quality investor materials. Ben brings a deep understanding of how these companies are formed, financed, and grown. In situations when litigation is necessary, he advances his clients’ needs in a practical and cost-effective manner.

His general corporate legal work includes drafting and negotiating contracts, corporate governance, acquisitions, finance, labor and employment, licensing, and regulatory compliance.

Government Service / Previous Employment

  • Judicial Intern, Hon. Joseph N. Laplante, US District Court for the District of New Hampshire (2014)

Education

J.D., University of New Hampshire School of Law, 2015, magna cum laude, Managing Editor, UNH Law Review, Stanley M. Brown Scholarship Recipient

B.A., Bates College, 2010

Admissions

  • Massachusetts
  • New Hampshire
  • US District Court, District of New Hampshire
  • US District Court, District of Massachusetts

Experience

Representative Matters

Litigation Matters

  • Worked closely with lead counsel in multidistrict litigation involving medical device product liability claims on behalf of nationwide consumers
  • Represented manufacturer in energy industry against lawsuit by competitor involving unfair and deceptive trade practices and tortious interference with business relations
  • Represented beneficiaries in breach of fiduciary duty class action against institutional trustee
  • Represented debtors against debt collector in nationwide class action under Fair Debt Collection Practices Act
  • Represented pharmacies in multi-party, antitrust litigation against pharmacy benefit manager for group boycott
  • Represented gas producers in multi-party lawsuit against pipeline company involving breach of fiduciary duty and contract claims
  • Represented investment company against investors’ lawsuit in dispute over Investor Rights Agreement

  • Represented trade association in constitutional challenge to state regulation

  • Represented several classes of consumers in false advertising products liability action

Corporate Matters

  • Represented medical device companies in all corporate legal work including drafting and negotiating contracts, incorporation, formation and organization of subsidiary, capitalization and fundraising, licensing of intellectual property, corporate restructuring, corporate compliance, advising of internal policies and trainings, compensation plans, board consents, and navigation of investor relationships
  • Represented cannabis company in advising and drafting of master services agreement, consulting agreement, and investor letter of intent
  • Represented tech company in advising and drafting of purchase and subscription agreement, value in kind addendum, and development of employee compensation plan
  • Represented tech company in formation, organization and corporate governance, equity fundraising, and advising and drafting of contracts, including employment, advisor and incentive agreements
  • Represented tech company in advising on alternate solution to avoid potential lawsuit involving shareholder disagreement
  • Advised companies across industries regarding federal government assistance and other guidance associated with COVID-19

News & Insights

News & Insights

Selected Publications

  • “Uncertainty Remains for Pharma Product Hopping Liability,” Law360, August 31, 2017
  • “Less FDA Review May Boost Medical Device Plaintiff Awards,” Law360, February 22, 2017
  • “Reopening the Discussion of the Loss of Opportunity Doctrine in New Hampshire: A look at Decisions Made in Light of Current Times," 13 U.N.H. L. Rev. 99 (2015)

Selected Speaking Engagements

  • Panelist, "Massachusetts Class Actions Versus Federal Class Actions – Know the Difference," Boston Bar Association, May 14, 2020
  • Panelist, “The Fundamentals of Clear and Effective Writing,” Boston Bar Association, May 18, 2018
  • Panelist, “Survive and Thrive: Tips of the Trade,” Massachusetts Bar Association, Massachusetts Defense Lawyers Association, Boston Bar Association, February 15, 2018
  • Panelist, “The Fundamentals of Clear and Effective Writing,” Boston Bar Association, May 19, 2017
  • Panelist, “Speed Networking with Litigators,” Boston Bar Association, February 1, 2017

Community & Professional

Community and Professional Activities

Steering Committee, Boston Bar Association’s Multidistrict Litigation and Class Actions Section (2016 - Present)

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