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Michael D. Brier

Partner

Michael Brier represents closely held businesses and individuals in high stakes commercial, employment, and trust disputes. Clients see him primarily as a problem solver, dedicated to securing the best results in what are almost always difficult situations.

Michael is also an accomplished appellate advocate, successfully convincing an appellate court to overturn an adverse verdict based on the trial court’s misapplication of relevant law. 

However, the best resolution from the client’s point of view often involves settlement. Michael frequently helps clients avoid the distraction and expense of trial by resolving their disputes out of court, including through mediation. 

Prior to entering private practice, Michael worked as a criminal prosecutor, trying approximately forty cases to verdict and winning convictions against defendants for a number of serious crimes. Although his practice is now primarily civil, he continues to use the courtroom experience he gained as a prosecutor to good effect.

Beyond his litigation practice, Michael is also a member of the American Arbitration Association’s roster of commercial arbitrators. 

Michael serves as Co-Chair of Massachusetts Continuing Legal Education’s Business Litigation Conference and as a member of the Boston Bar Association’s Business Litigation Steering Committee. In his spare time, Michael enjoys reading history, jogging, and spending time with his wife and two young sons.

Cases Michael has won: 

  • – A $3.4 million judgment (plus attorneys’ fees) for breach of a manufacturing contract and related unfair and deceptive conduct; 
  • – A $7.7 million judgment in a lawsuit for breach of a loan agreement;
  • – A defense verdict against an allegation of unlawful retaliation by an ex-employee;
  • – Summary judgment for two clients accused of breaching their fiduciary duties to a business partner;
  • – Summary for a software company sued after the termination of a software development contract; 
  • – Summary judgment in favor of a corporate executive accused of tortious interference with contract; and 
  • – A defense verdict and an award of attorneys’ fees in favor of a client accused of breaching its incentive bonus plan. 

Publications

Michael D. Brier, Judicial Rotations in the Superior Court: Pros, Cons, and the Possibility of Reform, Boston Bar Journal (10/31/2024)

Michael D. Brier, The Operating Agreement: Protecting Your New BusinessGesmer Updegrove LLP (2024)

Michael D. Brier, Preparing for LayoffsGesmer Updegrove LLP (2023)

Education

Boston College Law School, J.D., 2010, cum laude

Princeton University, B.A., 2006, magna cum laude

Admissions

Massachusetts

Professional Memberships

Boston Bar Association

Communications Committee

Temple Beth Shalom, Needham