Patricia K. Rocha, author of articles on evidence, direct and cross-examination, various aspects of constitutional law, criminal law and federal sentencing guidelines.
DUI/DWI
Well recognized and honored for their criminal-defense work, our attorneys are members and Fellows in such organizations as the American College of Trial Lawyers, the International Academy of Trial Lawyers, the International Society of Barristers, the American Board of Trial Advocates, the National Association of Criminal Defense Lawyers, the American Bar Association’s White Collar Criminal Defense Practice Section, and the National College for DUI Defense.
Wrongful Death
Represented a health care facility in a wrongful death action resulting from the administration of Haldol to a woman suffering from neuroleptic malignant syndrome.
Fraud
AP&S attorneys have defended both brokers and brokerage houses in churning, unauthorized transactions and suitability claims, including claims for punitive damages. The firm has also represented brokers, attorneys and other persons in insider trading investigations and SEC enforcement actions. AP&S attorneys have challenged SEC damage claims for disgorgement and successfully tried to verdict a shareholder class action securities fraud claim that the National Law Journal included in its Top Ten Defense Verdicts of the 1990s. Most recently, our firm acted as local Rhode Island counsel in defending a major U.S. public company in two securities class actions (and related ERISA and shareholder derivative actions) filed in the United States District Court for the District of Rhode Island.
Theft
Misdemeanors
In a case of first impression, represented a Chinese pharmaceutical company in a multi-state, multi-jurisdictional regulatory and criminal prosecution arising out of baseball’s “Mitchell Report†that involved the distribution of HGH in the United States and abroad. AP&S successfully negotiated a plea that resulted in a fine and community service payments and a misdemeanor with no jail time for the company’s president.
Drug Crimes
Numerous state offenses, including felony and misdemeanor driving under the influence of alcohol or drug cases, implied consent charges, traffic-related matters
Assault
Represent an array of local and national restaurants in claims ranging from slip and fall incidents, food poisoning, allergic reactions, assault and battery, dram shop and other alleged torts.
Shoplifting
Raffone v. Home Depot U.S.A., Inc., et al. (Conn. Super. Ct. 2015): AP&S obtained summary judgment on behalf of Home Depot U.S.A., Inc. The plaintiff alleged numerous claims against Home Depot and its employee, including false imprisonment and excessive force, after being detained and arrested for shoplifting. The Connecticut Superior Court granted summary judgment on all claims in favor of Home Depot and the employee.
Money Laundering
Several years ago, Congress passed the Anti-Money Laundering Act of 2020, which became effective law on January 1, 2021 (the… Read More
Corporate Board Member magazine named AP&S as one of the top corporate law firms based on a survey of directors of publicly traded U.S. corporations.
Mergers and Acquisitions
Foreign-based multinationals and U.S. domestic companies rely on our Mergers & Acquisitions Group to help them structure and efficiently execute their most critical strategic transactions, including acquisitions, divestitures, joint ventures and strategic alliances.
Business Formation
We work with the managers, accountants and in-house counsel of public companies, financial institutions, real estate companies, motion-picture producers, universities, governmental entities, charities and others to resolve a variety of tax-related issues, including in the areas of business formation, compensation and benefit plans, acquisitions, financings, and IRS and state tax audits and other disputes at the local, state and federal level.
Business Disputes
In products liability, toxic tort and mass torts, AP&S attorneys have handled the full spectrum of litigation matters, including design-defect claims, CERCLA claims, lead paint and public-nuisance claims, mold and environmental claims, and medical-device and pharmaceutical claims. In addition to our active litigation and trial practice, we regularly provide clients with business-law advice on a broad range of issues in the areas of product liability and toxic tort, including regulatory and environmental compliance. Here, too, AP&S attorneys apply their unique experience in helping clients steer clear of products liability and toxic-tort-related concerns and legal exposure.
Business Transactions
On the transactional side of our practice, we guide our clients through the securities law aspects of a wide range of business transactions, including...
Construction Contracts
Represented Wells Fargo Bank in connection with $65 million construction financing of hotel in Florida. Our representation included drafting and negotiation of loan documents, due diligence review of construction contracts, permits and approvals and hotel operational documents.
Trade Secrets
Our Life Sciences team draws on deep industry expertise to assist our life science clients to protect their intellectual property by exploiting the full range of available protections. We work with our life science clients to design and implement cost-effective strategies to create value-oriented patent portfolios in the United States and abroad.  We also perform due diligences, patentability assessments, as well as freedom-to-operate and related clearance assessments on behalf of our life science clients. We further provide assistance regarding life science trade secrets and alternative pharmaceutical product protection. Our trademark attorneys advise clients on the selection, registration, and enforcement of marks in the United States and abroad. We also provide copyright registration services to protect works of authorship such as software code. We assist life science clients with the development and implementation of effective trade secret protection programs. In addition to creating of intellectual property assets, we also help our clients in their defense and enforcement.
Intellectual Property
Adler Pollock & Sheehan’s Intellectual Property Litigation Group represents the firm’s clients in all aspects of intellectual property dispute resolution, from patent, trademark, trade secret, and copyright litigation to matters before the U.S. Patent and Trademark Office. AP&S has represented and continues to represent a broad range of entities, including individuals, startups, non-profit coalitions and Fortune 500 companies.
Unfair Competition
AP&S’ intellectual property litigators have achieved outstanding results for their clients in proceedings throughout the United States, in both state and federal courts, including after jury and bench trials and on appeal. AP&S attorneys have represented clients in claims of trademark counterfeiting, trademark, service mark and trade dress infringement, dilution, cybersquatting, unfair competition, trade secret misappropriation, patent infringement, copyright infringement, false patent marking and unfair advertising, as well as in related matters such as Internet domain name disputes.
Represent Twin River Casino, Rhode Island’s largest gaming and entertainment facility, as labor and employment counsel. Over the last five years, AP&S has successfully handled numerous matters, including grievance arbitration, court complaints, wage and hour claims, unemployment claims, and various employment discrimination claims. In addition, AP&S actively advises Twin River with respect to corporate and shareholder issues, contracts with vendors, lease agreements with food tenants, and legal and contractual issues regarding the licensing of the Twin River Event Center for concerts, trade shows, sporting events, and various other events.
Employment Contract
We work hand-in-hand with employers to anticipate and short-circuit issues before they become major problems, drafting smart policies and useful employee handbooks, counseling employers on various federal and state statutes, conducting management and employee training, assisting in force reductions and plant closings, and negotiating and drafting employment agreements.
Employment Litigation
AP&S’ corporate IP attorneys work closely with attorneys in our firm’s other practice groups to provide a full range of services, including IP litigation, IP prosecution, and representation concerning regulatory, tax, creditors’ rights, and labor and employment issues.
Non-compete Agreement
Our IP counselors assist clients on matters small and large, from branding advice to IP portfolio oversight to the negotiation of noncompete agreements to IP transfers incidental to broader corporate transactions. In the litigation context, we provide a business-focused approach to resolving disputes, developing litigation strategies appropriate for each client, whether the client is an individual, a new startup, or a Fortune 500 company. Our IP litigators have substantial experience with all types of intellectual property disputes in courts in numerous jurisdictions in New England and across the country, including federal courts and the United States Patent and Trademark Office.
Severance Agreement
Provided advice and drafted non-compete and confidentiality agreements, severance agreements, and employee handbooks for a licensed cannabis business.
Sexual Harassment
Represented a Rhode Island hospitality-industry employer in a matter involving employer liability for sexual harassment outside the workplace. The case tested the limits to which an employer can be liable for off-site actions of its employees.
AP&S attorneys employ their wide-ranging and significant experience and skill to aid cannabis clients in every aspect of their business. Our clients include state-licensed compassion centers, cultivators, and health care providers, as well as investors and vendors supplying services to cannabis businesses. We assist our clients in all aspects of their cannabis business, from navigating the constantly evolving regulatory landscape to corporate, financing, entity formation, and tax work. AP&S attorneys also have significant experience representing cannabis businesses in litigation matters and providing guidance on employment, intellectual property, and real estate matters. Our extensive experience allows us to provide timely guidance to our clients seeking to navigate the developing and complex laws facing the cannabis industry.
Premises Liability
The AP&S Products Liability / Toxic Tort / Mass Tort Group has successfully defended local, regional and national clients in numerous high-profile and complex cases in both state and federal trial courts and at the appellate level. We have done so by combining our legal skills and experience with a well-versed knowledge of the various technical and scientific principles applicable to products liability and toxic tort claims and defenses. We have represented multinational corporations in widely reported and precedent-setting products liability and related premises liability cases involving emerging, novel and complex legal issues, and have served as preferred products liability and toxic tort counsel for several national clients.
Construction Litigation
AP&S attorneys provide a full range of time-sensitive legal services to individuals, insurers and companies – from Fortune 500 corporations to small employers throughout New England. Our experience encompasses defense and indemnity issues relating to construction claims, advertising injuries, environmental contamination, asbestos and other hazardous substances. We also offer experienced guidance and representation in professional liability defense, directors’ and officers’ liability, first-party property, homeowners, products, and specialty lines.
Easement
Land Use and Zoning
Our land use experience extends to historic properties, contaminated sites, direct and inverse condemnation, and all facets of real estate and land use litigation. We represent developers before state regulatory agencies, including the Coastal Resource Management Counsel, the Department of Environmental Management, and State Fire and Building Code Boards. Our municipal work includes representation before Town Councils, planning boards, zoning boards, historic district commissions and conservation commissions. We have worked successfully in cities and towns by developing constructive working relationships with the staff of each community.
Landlord-Tenant Disputes
The landlord-tenant relationship is one of the most common business relationships in any state. Each landlord-tenant relationship presents its own… Read More
Property Damage
Favorably resolved case against temperature-control room supplier for catastrophic personal injuries and $20 million property damage claim arising from an explosion at a biotech laboratory in Cambridge, Massachusetts.
Defended a Big East basketball program and its head coach on claims brought by a former player for personal injury resulting from alleged improper training regimens and medical care.
Medical Malpractice
Quest Diagnostic, Inc. v. Pinnacle Consortium of Higher Education, et al, 93 A.3d 949 (R.I. 2014): AP&S represented Pinnacle Consortium of Higher Education in commercial litigation brought by Quest Diagnostics, Inc. seeking reimbursement of defense costs and indemnification for an underlying multi-million dollar medical malpractice case filed by a graduate student against the Brown University student health clinic. Brown was and is one of Pinnacle’s insured member universities. After Pinnacle prevailed on its motion for declaratory judgment before the Superior Court, Quest appealed to the Rhode Island Supreme Court. After full briefing and oral argument, the Supreme Court affirmed the trial court’s decision. In so doing, the Court interpreted the underlying events as warranting professional liability coverage as opposed to CGL coverage, and therefore determined that Quest was not an additional insured under the policy issued by AP&S’ client.
Auto Accidents
Medicaid Planning
Disability Discrimination
Richardson v. Whitmarsh Corporation, 2009 WL 5178075 (D.R.I.): Won summary judgment for employer-client in the U.S. District Court for the District of Rhode Island with respect to all claims asserted against it, including alleged violations of federal and state disability discrimination statutes and various education laws.
We work to understand your unique situation and provide customized estate planning and wealth transfer strategies to realize your financial goals, for the benefit of you, your family, your business and the organizations you support.
Wills
Kristin N. Matsko, “Living Wills, Durable Powers of Attorney for Health Care, and Durable Financial Powers of Attorney,†A Practical Guide to Estate Planning in Rhode Island (MCLE)
Trusts
The AP&S Trusts & Estates Group is recognized for sophisticated and creative planning techniques that minimize your taxes and maximize your control of your assets. That’s why business owners, professionals and others with significant wealth or property choose us to achieve their long-term financial objectives.
As of October 19, 2020, the Massachusetts Moratorium on Evictions and Foreclosures During the COVID-19 Emergency (the “Moratorium†) expired. The… Read More
Tax Law
We also counsel our clients on how best to do business with/as a financially troubled entity, and advise on lender liability questions, tax matters arising from insolvency proceedings, and environmental concerns related to acquiring debtor assets. We also stand ready to assist in the insolvency process as Rhode Island court-approved receivers.