Harvey J. Wolkoff

Partner

Wolkoff-Harvey-J-300
  • JD, Columbia University School of Law, 1975; Board of Editors, Columbia Law Review
  • BA, summa cum laude, Dartmouth College, 1972 (Class of 1973); Phi Beta Kappa

Qualifications

  • New York
  • Massachusetts

Court Admissions

  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the District of New Hampshire
  • U.S. District Court for the District of Vermont
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the District of Colorado
  • Fellow, American College of Trial Lawyers
  • Emeritus Board Member, Lawyers Committee for Civil Rights & Economic Justice
  • Chairman, Board of Directors, Anti-Defamation League, New England Region
  • Director and General Counsel, South End Historical Society
  • The Best Lawyers in America Boston Litigation - Securities “Lawyer of the Year” (2018)
  • Fellow, American College of Trial Lawyers
  • Best Lawyers in New England (2017)
  • The Best Lawyers in America for Commercial Litigation, Bet-the-Company Litigation, and Securities (2006-2018)
  • Benchmark Litigation, National Litigation Star (2018)
  • Benchmark Litigation, Litigation Star (2009-2017)
  • Massachusetts Super Lawyers (2004-2017)
  • New England Super Lawyers (2012-2017)
  • Chambers USA: America's Leading Lawyers for Business (2008-2017)
  • Financial Times “U.S. Innovative Lawyer” (2012)
  • Massachusetts Lawyers Weekly Top Defense Verdict of the Year (2001)

Harvey J. Wolkoff

Partner

For over 40 years, Harvey has advised clients in a variety of complex litigation matters, including consumer class actions and business fraud, securities and ERISA litigation, data privacy matters, and business contract issues. In addition, he has extensive experience in class action litigation as well as post-merger and acquisition litigation. Harvey has successfully argued several high-profile cases in state and federal courts and has won major appellate victories in a number of federal circuit and state courts of appeals. Harvey has also represented clients in international arbitrations, including a recent month long arbitration in Hong Kong.

Harvey joined Ropes & Gray in 1975 and left in 1979 to become an Assistant U.S. Attorney in the U.S. District Court for the Southern District of New York. He returned to the firm in 1982 and became a partner in 1984.

Harvey is committed to pro bono work and has represented the Lawyers Committee for Civil Rights and the Anti-Defamation League of New England in several cases.

Experience

  • LoJack Lead counsel in a month long international arbitration in Hong Kong in a matter brought against a Chinese supplier for breach of warranty. In one of the largest arbitration awards ever decided in Hong Kong or China, won a $98.5 million award on behalf of LoJack.
  • Supervalu Inc. Lead counsel defending against consolidated class action lawsuits relating to cyber-attacks on certain portions of the company’s computer network. Secured dismissal in Minnesota federal court, and argued the appeal in the Eighth Circuit.
  • Leading Hedge Fund. Lead counsel representing a large and well known hedge fund in connection with breaches of representations and warranties arising from a subprime mortgage pooled trust. 
  • Deutsche Bank. Lead counsel in residential mortgage-backed securities litigation, worth hundreds of millions of dollars, against WMC Mortgage. Recently prevailed against several motions to dismiss.
  • Westfield Capital. Lead counsel in a $30 million wrongful termination and contractual dispute brought by a former partner of the money management firm. Secured a jury verdict in an over three week trial.
  • LoJack. Lead counsel in a three week International AAA arbitration involving Brazil and purported material breaches of a material supply contract resulting in an award in favor of LoJack and dismissing all of petitioner’s claims.
  • A Leading Consumer Technology Company. Serving as global coordinating counsel for consumer class actions arising from the recent criminal cyber-attacks on certain of a leading consumer technology company’s computer networks. Secured dismissal of the complaint.
  • Owners of a Software Company. Lead counsel in a dispute over a stock purchase agreement, employment agreements and M.G.L. Chapter 93A. Secured a jury verdict in a three-week trial, in addition to prevailing on all counterclaims.
  • State Street Bank Corporation. Co-lead counsel defending State Street in connection with ERISA and securities litigation arising from subprime mortgage exposure in their mortgage funds, including a trial in the S.D.N.Y.
  • Fortune 100 Insurance Company. Lead counsel representing this insurance company in multiple consumer class action litigation and regulatory inquiries 
    stemming from a cyber-attack on a certain portion of the company’s computer network.

Publications

  • Harvey J. Wolkoff and Robert S. Fischler, “Third-Party Practice,” Business & Commercial Litigation in Federal Courts, Fourth Edition (March 2017)
  • Harvey Wolkoff and Heather Sprague , “Business Litigation,”MCLE Massachusetts Superior Court Civil Practice Jury Instructions, 3rd Edition, 1st Supplement 2016 (January 2017)
  • Harvey J. Wolkoff, Gregory L. Demers, “Ch 1: Fraud and Negligent Misrepresentation,” MCLE Business Torts in Massachusetts, 2nd Edition, MCLE (2016)
  • Harvey J. Wolkoff and Stacylyn M. Dewey, “Using the Common Interest Privilege in Transactions,” Corporate Counsel (February 2015)
  • Harvey Wolkoff and Heather Sprague, “Business Litigation,” MCLE Massachusetts Superior Court Civil Practice Jury Instructions (January 2015)
  • Harvey J. Wolkoff, Dan Krockmalnic and Aliki Drakodaidis, “Attorney-Client Privilege in the Wake of a Sale,” The Deal (June 2011)
  • Harvey J. Wolkoff and Holly J. Caldwell, “Venture Capitalists, Exit Strategies and Risk of Litigation,” The Deal (May 2010)
  • Harvey J. Wolkoff and Lisa M. Ropple, “Ch 12: Business Litigation,” MCLE Massachusetts Superior Court Civil Jury Instructions, 2nd edition, (MCLE 2008)
  • Harvey J. Wolkoff, “Business Fraud,” Business Torts in Massachusetts (MCLE 2006)
  • Harvey J. Wolkoff, Bob Fischler and Joan Lukey, “Third Party Practice,” Business and Commercial Litigation in Federal Courts, 3rd Edition (West Group 2012)

Presentations

  • Speaker, “Securities Lending and Mortgage-backed Securities,” Practicing Law Institute’s 2009 ERISA Litigation Seminar (September 30, 2009)
  • Speaker, “Avoiding Ethical Dilemmas When Interacting With Opposing Counsel and Class Members,” ACI’s Positioning the Class Action Defense for Early Success Conference (September 23, 2009)
  • Speaker, “Managing Class Action Litigation Challenges: Winning Strategies for Tackling Certification, Experts, Damages, International Class Actions and CAFA,” ACI’s Managing Complex Litigation Defense Counsel Master Class (February 27, 2009)
  • Speaker, “A New Frontier in Privacy Litigation: The Advent of Private Lawsuits Over Data Security Breaches,” ABA Annual Meeting, Section of Litigation (August, 8, 2008)
  • Speaker, “Certification, Experts, Damages, and CAFA: Winning Strategies for Complex Class Action Defense,” ACI’s Managing Complex Litigation Defense Counsel Master Class (February 29, 2008)