Heather T. Sprague
Heather Sprague is an associate in the litigation department and a member of the firm’s liability risk management group, which is a leading global practice at structuring customized, complex insurance solutions.
As a litigator, Heather has experience in an array of complex commercial disputes at the trial and appellate level in both state and federal court, including matters involving breach of contract, breach of fiduciary duty, financial fraud, insider trading, class action defense and numerous common law issues. Heather is responsible for managing all aspects of trial preparation and discovery, drafting motions and briefs, interviewing and deposing witnesses, and counseling clients on litigation and regulatory risks before active issues arise.
Heather’s work as a litigator informs her practice in the liability risk management group, where she advises private and public companies and investment management firms (including private equity, hedge and venture capital funds) on matters involving indemnification and insurance. She concentrates her practice on mergers and acquisitions and investments, advising clients on purchasing and negotiating transactional risk insurance policies (particularly representations and warranties policies).
Heather also represents pro bono clients in a variety of state and federal proceedings, including: capital habeas corpus; asylum and other immigration claims with a focus on obtaining permanent residence for unaccompanied minors; housing; and family law. She also regularly advises Project Healing Waters Fly Fishing, a charitable organization providing therapeutic outdoor recreation for disabled military service personnel, on managing risk in general operational and corporate matters.
- Currently representing trustees in multiple residential mortgage-backed securities repurchase actions, based on breaches of representations and warranties, in New York state trial and appellate courts.
- Responsible for all aspects of expert preparation and related arguments on a trial team that represented the official committee of unsecured creditors of a multibillion-dollar oil and gas exploration and production company that filed for relief under Chapter 11 of the United States Bankruptcy Code in multiparty litigation before the United States Bankruptcy Court for the Southern District of New York.
- Represented publicly traded company in federal securities litigation involving claims of insider trading, fraud, and accounting misconduct allegedly caused by improper recognition of revenue for software products and support services.
- Represented an advertising company in a highly publicized multi-district litigation consolidated in Delaware federal court, in which putative class alleged violations of federal computer fraud statutes and privacy violations; successfully defended dismissal of claims on appeal to Third Circuit; and successfully opposed claimants’ petition for writ of certiorari seeking Supreme Court review of the Third Circuit’s decision.
- Represented a large health care services company in state and federal court litigation involving a dispute over a joint venture, including preparation and conduct of pleadings, procedural motion practice, discovery, and settlement mediation.
- Represented a leading medical technology company against a qui tam lawsuit alleging violations of the False Claims Act, including successful defense of dismissal before the 8th Circuit Court of Appeals.
- Conducted internal investigations and coordinated related responses to government inquiries focusing on matters relating to the False Claims Act, the federal and various states securities laws, and multiple states’ consumer protection laws.
- Harvey Wolkoff and Heather Sprague , “Business Litigation,”MCLE Massachusetts Superior Court Civil Practice Jury Instructions, 3rd Edition, 1st Supplement 2016 (January 2017)
- Gregg Weiner, Brian Shaughnessy, Heather Sprague and Caitlin Giaimo, “The Duty To Supplement Expert Reports: Part 1 and 2,” Law360 (January 5, 2017)
- Heather Sprague and Harvey Wolkoff, "Business Litigation," MCLE Massachusetts Superior Court Civil Practice Jury Instructions (January 2015)
- Panelist, “Representing Clients With Mental Illness: New Developments and Strategies,” Boston Bar Association (February 2012)
- JD, summa cum laude, Suffolk University Law School, 2010; Suffolk University Law Review
- BA, Dickinson College, 2001