Stephen Schultz

STEPHEN SCHULTZ

Partner
sschultz@engelschultz.com
617-951-9980 x209

Massachusetts Trial Attorney and Appeals Lawyer

Stephen Schultz is a graduate of Brandeis University (B.A. 70; M.A. 70) and Yale Law School (J.D. 73). He concentrates his practice in complex civil litigation, complex business disputes, employment law, appeals, condominum law, construction law, and constitutional law.

Mr. Schultz has tried numerous jury and non-jury cases in both state and federal court, ranging from one day trials to a 73 day trial in federal court, which at the time was the longest civil case ever tried in the District of Massachusetts.

Mr. Schultz has been lead or sole counsel in numerous cases of public importance.  Some of these cases are more fully described under Notable Cases.

Business Fraud, Breaches of Fiduciary Duty, Freeze Outs, Minority Shareholder Rights, Antitrust Violations

Mr. Schultz has represented numerous plaintiffs in claims of business fraud, breaches of fiduciary duty and antitrust violations.

The cases have involved the following issues, among others: (1) the withholding of information from limited partners , (2) freeze outs of minority shareholders, (3) unconscionability of venture capital takeovers, (4) the failure to disclose financing contingencies in prospectuses, (5) fraudulent appraisals, (6) concealment of financial relationships between parties, (7) misappropriation of corporate finances for personal gain,  (8) failure to pay profits to joint venturers, (9) failure to issue distributions, (10) failure to honor commitments to share profits with others,  (11) vertical restraints on setting prices, (12) price fixing  and (13) price gouging .

He has successfully obtained six and seven figure settlements in such cases, frequently on the eve of trial, against billion dollar corporations, investment companies, venture capital firms and accounting firms, and million dollar small businesses and limited partnerships.

Employment law

Mr. Schultz has represented both employees and employers in litigation in numerous wrongful termination cases, discrimination actions,  actions to enforce non-competition agreements, claims of unpaid wages and commissions, failure to pay overtime, and claims relating to entitlement to an equity interest in a company.  He has represented numerous senior executives in negotiation of severance agreements.

Individuals he has represented range from administrative support staff to senior executives of billion dollar corporations. Employers he has represented range from small million dollar companies to Fortune 500 companies (ConAgra) to large universities (Harvard University).

He represented the Senior Vice President of one Fortune 50 company in successfully negotiating a settlement prior to litigation in a case in which the Senior Vice President withdrew as one of two finalists being considered for the CEO position of another Fortune 50 company, based on the false representations he would be the only internal candidate considered for the CEO position at the company where he was currently working.  He has represented (along with partner Robert Adelson) the CEO of a billion dollar New York advertising company in negotiations which followed threatened litigation by the CEO”s former company, which was threatening to seek to enforce a non-competition agreement.

Mr. Schultz has negotiated numerous five and six figure settlements and several seven figure settlements for employees and partners alleging wrongful termination or entitlement to unpaid wages or equity.

Appeals

Mr. Schultz has handled numerous appeals, many of which have involved constitutional issues of public importance.  Prior to joining the law firm of Engel & Schultz, Mr. Schultz had two cases heard before the United States Supreme Court: (1)  First National Bank of Boston v. Bellotti: a case which raised the issue of whether corporations have First Amendment rights and the constitutionality of the Commonwealth imposing restrictions on corporations from contributing money to support or oppose referenda issues, and (2) Rogers v. Mills: a case which raised the issue of whether institutionalized mental patients have a constitutional right to refuse treatment with antipsychotic medication.  Other constitutional cases handled by Mr. Schultz prior to joining the law firm of Engel & Schultz include: (1) Jones v. Saikewicz: the first case in the Commonwealth of Massachusetts and only the second case in the country discussing a patient’s right to die,  (2) Lawless v. Romanoff: a case deciding the constitutionality of compelling a judge to sit on a jury, (3) Kent v. Commissioner of Education: a case challenging the constitutionality under the First Amendment of a law setting aside a period of time at the beginning of school for voluntary prayer or reflection, and (4) In re. Opinion of the Justices: a case questioning the constitutionality of the Court Reorganization Act in Massachusetts.

Since joining Engel & Schultz, Mr. Schultz has handled numerous appeals to the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court and the United States First Cirucit Court of Appeals.  He has enjoyed two significant legal victories, which changed the law, in appeals to the Massachusetts Supreme Judicial Court.  InPeterson v. Dept. of Revenue, the Court ruled that it was unconstitutional for the Commonwealth of Massachusetts to change its capital gain tax rate in the middle of a calendar year, resulting in the rebate of taxes of approximately $250 million.  In Berish v. Bornstein, the Court declared that an implied warranty of habitability attached to the sale of a new condominium.  The retrial of the Berish case, following the Supreme Judicial Court’s decision, resulted in a judgment for the plaintiff exceeding $2.4 million.

Condominium law

As noted above, Mr. Schultz successfully handled the Berish case involving the existence and effect of an implied warranty of habitability on the sale of condominiums.  In that case, he brought two appeals and was lead counsel in an 18 day trial.

Mr. Schultz has won millions of dollars for unit owners because of defective construction of their units and common areas, challenged overly restrictive parking regulations, challenged the abusive use of penalties against unit owners, and represented condominimum associations and unit owners in disputes among themselves.

Government Law

Mr. Schultz is an expert in Massachusetts government procurement law. He has been hired by the Massachusetts Office of Inspector General, the State Treasurer, the Massachusetts Convention Center Authority and the Massachusettts Industrial Finance Authority relating to procurement issues facing the agencies and departments. In addition, he has been hired by several towns to represent them. He has been retained by individuals to represent them in disputes with government agencies.

He has represented an individual in a qui tam action aimed at recovery of millions of dollars paid by the government in response to false claims.  In another case, he obtained a seven figure jury verdict in a constructive taking case; unfortunately, the verdict was overturned on appeal.  While acting as outside counsel to the Massachusetts Deferred Compensation Plan, he advised the Plan regarding their legal claims, which eventually resulted in the bringing of litigation and renegotiation of contracts with Nationwide and PEBSCO, saving the Commonwealth hundreds of millions of dollars in fees, which they would have owed under the contracts if they had not been terminated or renegotiated.

Employment History

Prior to joining Engel & Schultz, Mr. Schultz worked as a legislative assistant to U.S. Congressman Michael J. Harrington, acted as the Executive Director of the Massachusetts Organized Crime Control Council, served as the Administrative and Legal Counsel to Massachusetts Attorney General Francis X. Bellotti and served as the First Assistant Inspector General for the Commonwealth of Massachusetts, helping to establish the office, which was aimed at preventing fraud, waste and abuse in government service and construction contracts. He was also the outside legal counsel to the Massachusetts Deferred Compensation Plan for nine years.

Mr. Schultz has been a guest lecturer at Harvard Law School and Boston College Law School and has spoken to the National Association of Attorneys General, the American Psychiatric Association and various continuing education programs, among others.

He has authored articles published in both legal and medical journals, written numerous briefs to the Massachusetts federal and state appeals court and written two briefs for cases accepted by the United States Supreme Court.

He has served as an arbitrator and mediator in numerous construction, health law and insurance coverage cases.

Mr. Schultz was Bill Clinton’s classmate at Yale Law School.  While he was not a “Friend of Bill’s” (in fact, he barely laid eyes on our former President during his three years at school), Mr. Schultz married and has lived happily for more than 40 years with the other Hilary who went to Yale Law School in the early 70′s, who is currently his partner in the law firm of Engel & Schultz.

Mr. Schultz is “AV” rated (the top rating given) by Martindale Hubbell. He has been noted as a “Top Rated Lawyer -Employment Law”, “Top Rated Lawyer – Litigation”, and a “Top Rated Lawyer – Appellate Law” by Martindale Hubbell and ALM.

Mr. Schultz may be contacted directly by phone or via email: sschultz@engelschultz.com.