ATTORNEY /

Charles M. Waters

shareholder
boston
Business Litigation Appellate Litigation Electronic Discovery
ABOUT CHARLES M. WATERS

Charles is an experienced trial attorney. For 30 years, he has handled business and financial disputes, and represented companies, individuals, trusts and estates. He has successfully tried many multi-million dollar cases in Massachusetts state and federal courts, and arbitration proceedings, including several “Top Ten Trial Awards” in Massachusetts. He has also successfully briefed and argued cases before the Massachusetts Supreme Judicial Court and Appeals Court. Prestigious Chambers USA has previously recognized Charles as a top commercial litigator in Boston, Law and Politics Magazine has named Charles a “New England Super Lawyer” in the area of business litigation since 2005, and Massachusetts Lawyers Weekly recently selected Charles as a 2024 “Go-To Lawyer” for Business Litigation in Massachusetts. He chairs Sheehan Phinney’s Litigation Practice Group in Boston.

KEY CASES
  • Represented Official Committee of Unsecured Creditors in the involuntary bankruptcy case of New England Confectionery Company (NECCO) that resulted in distribution of nearly $7.4 million to trade creditors in 2021.

  • Obtained a $2 million settlement for a client objecting to the accounting filed by fiduciaries in a Probate Court action for various breaches of fiduciary duty.

  • Won a $700,000 settlement behalf of a client against a Registered Investment Advisor.

  • Prevailed in the Massachusetts Supreme Judicial Court in a precedent-setting case interpreting for the first time the Massachusetts Corporate Dissolution Statute (G.L. c. 156D § 14.30) (a/k/a the “Deadlock Statute”) (Koshy v. Sachdev, 477 Mass. 759 (2017)). Read the Massachusetts Lawyers Weekly article, “Shareholder’s Bid to Dissolve Co. Can Proceed.”

  • Lead trial counsel in obtaining a final judgment of $1.9 million after a two week jury trial in the Business Litigation Session in Boston, Massachusetts against Nationwide Securities, LLC (a broker-dealer) and its employee for committing unfair and deceptive business practices in violation of Massachusetts Consumer Protection Statute (G.L. c. 93A) in which the trial court (Billings, J.) found, in awarding over $700,000 in attorney’s fees, that the “experience, reputation, and ability of the [Sheehan Phinney attorneys] who tried the case. . .are top-drawer.”

  • Won arbitration award in a June 2017 American Arbitration Assocation hearing in Boston representing a former general partner of a Boston private equity firm for monies owed to him pursuant to his interest in a limited partnership investment fund.

  • Negotiated a $1.45 million settlement in February 2018 for client who was defrauded by registered representative and national broker-dealer.

  • Prevailed in a week-long JAMS arbitration hearing for $1.2 million representing founder of venture capital firm in a dispute concerning the breach of the covenant of good faith and fair dealing regarding his separation agreement.

  • Represented the founder and minority shareholder of a Boston-based independent brokerage firm for breach of fiduciary duty claims against the company and majority shareholder that resulted in a settlement of $5.25 million for the client in July 2015.

  • Won dismissal of multi-million dollar claims brought by Bankruptcy Trustee seeking to hold clients responsible for debtor’s liabilities pursuant to theories of alter ego and reverse veil-piercing (In re: Raymond, 2015 WL 1810961 (BK.D. Mass., Apr. 17, 2015)).

  • Successfully opposed multiple summary judgment motions that led to settlement valued at $1.8 million in a case involving complex claims of fraud, civil conspiracy, breach of fiduciary duty and G.L. c. 93 against a Boston-based private money lender, national life insurance company and its agent, a mortgage broker and law firm.

  • Represented a Boston-based drug testing laboratory in obtaining a critical preliminary injunction order against one of its competitors enjoining it from continuing its unlawful bribe and kickback scheme.

  • As featured in Massachusetts Lawyers Weekly, won a Massachusetts Supreme Judicial Court decision (Passatempo v. McMenimen et als., 461 Mass. 279(2012)) in which the SJC affirmed client’s multi-million dollar trial award against a life insurance agent and, in a matter of first impression, reversed the dismissal of the life insurance company.

EDUCATION
  • J.D., Suffolk University Law School
  • B.A., Boston College
ADMISSIONS, MEMBERSHIPS & CERTIFICATIONS
  • Commonwealth of Massachusetts
  • U.S. District Court for the District of Massachusetts
  • Boston Bar Association
  • Massachusetts Bar Associations
  • Admitted pro hac vice in various states around the country
AWARDS
  • 2024 Go To Lawyer for Business Litigation, Massachusetts Lawyers Weekly
  • Chambers USA, Commercial Litigation
  • Massachusetts Super Lawyer®, Business Litigation
  • Multiple Massachusetts Lawyers Weekly Top Ten Verdict Awards in Massachusetts
  • Authored chapters in Lexis Nexis' Massachusetts Pretrial Practice Guide
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PUBLICATIONS
INDUSTRY & CIVIC INVOLVEMENT
  • Trustee and Chairman, Affordable Housing Trust
  • Member, Conservation Commission
  • Alumni Fund Committee, Class Agent, and Reunion Committee, St. John's Preparatory School
  • Mentor, Citizen School Mock Trial Program
  • Mentor, Citizen School 8th Grade Academy
  • Mentor, Boston Bar Association's Law Day Lawyers in the Classroom
  • Boston Bar Association, Massachusetts Bar Association and MCLE as a panelist to speak on topics involving business litigation and trial advocacy
  • Member, Business Law Section Council, Massachusetts Bar Association
  • Represent attorneys pro bono before the Board of Bar Overseers