Larry L. Varn

Representative Client Work

• Represented the world’s largest records and information management services (RIMS) company in numerous matters arising out of three arson fires, including supervising the scene investigations, assessing the facilities’ fire and life safety systems, coordinating communications with the media, federal, state and local law enforcement, fire and life safety officials, customers and shareholders, and successfully pursued the client’s complex claims for first-party and third-party insurance coverages. Successfully represented the client before a federal court in the only trial to date arising from the occurrences. (2000 WL 220508).
• Represented a major multinational manufacturer and distributor of consumer products in various matters arising out of a catastrophic factory and warehouse fire in 2006, including the client's successful claim for first-party property insurance coverage. Currently representing the client in various federal court litigations arising out of the fire event.
• Represented the world’s largest RIMS company in the investigation of the 2006 catastrophic fire at a large records centre in London, including supervising the cause and origin investigations and coordinating the company’s interactions with the London Fire Brigade, Metropolitan Police, U.K. Forensic Science Services and other parties in interest to the event.
• Represented the world’s leader in wireless tracking and recovery systems for automobiles and other valuable mobile assets in its contract dispute with the developer of its next generation product. After a 7-day trial in early 2006, a Norfolk County, Massachusetts jury returned a verdict in favor of the client for $36.7 million, believed to be the largest verdict ever from a state court jury in Massachusetts.
• Represented an NYSE-listed company in connection with claims arising out of multiple failures of intermediate sprinkler heads in commercial facilities across North America. In 2007, a federal judge in Texas entered summary judgment on all issues in the client's favor.
• Represented a NYSE-listed company in multiple litigations arising out of charges of tortious conduct and unfair competition designed to drive the competitor out of business and causing approximately $60 million in alleged damages. After a six-week trial in 2004 the court dismissed all claims against the client.
• Successfully represented multiple clients and a national trade organization in the storage, storage systems and fire protection equipment industries in multiple appeals regarding National Fire Protection Association (NFPA) code changes, including reversing various proposed code changes that would have resulted in millions of dollars of excess construction costs without technical or empirical substantiation. Represent other clients in the NFPA codes and standards development process.
• Represented three publicly traded real estate mortgage limited partnerships and their outside directors in numerous controversies arising out of the precipitous decline in the commercial real estate market in the 1990s, including recovery of a multimillion dollar arbitration award against a related entity following a multiweek trial, the successful restoration of key rights to a critical waterfront development parcel in southern Florida, the resolution of multiple controversies related to a large development parcel in Monterey County, California, the successful maintenance of NASDAQ listing of the partnership interests, and the negotiated sale at a substantial premium of one of the partnerships following a heavily litigated hostile tender offer.
• Represented a well-known, New England-based manufacturer of specialty consumer products in the defense and termination of multimillion dollar claims against it for environmental contamination on the Massachusetts waterfront dating back to the Civil War and the Great Chelsea Fire of 1908.
• Represented a national insurance and financial services company in numerous litigations, workouts and negotiated resolutions of securities, and fiduciary and other claims arising out of three mezzanine funds, including summary judgment for more than $11 million in favor of one fund in federal court, the successful negotiated dismissal of shareholders’ rights and employment cases in Texas, various internal investigations involving the funds and portfolio companies, multiple workouts of portfolio transactions, and the orderly winding down and liquidation of the funds without resort to bankruptcy proceedings.
• Represented a major regional bank holding company in a dissenters rights and corporate valuation trial arising out of the stock-for-stock acquisition of a Western Massachusetts bank.
• Defended the directors of a failed bank who were charged with inappropriate loans, substandard loan practices and failure to monitor management. After a federal court decision holding that the receiver could be charged with consequences of its own post-closure conduct, the case was promptly resolved on advantageous terms.
• Successfully defended a major Korean trading company in its disputes with its domestic partner, including obtaining a judgment preventing the domestic partner from revising a negotiated business resolution between the parties.
• Represented the world’s preeminent manufacturer of pyrolitic carbon heart valves in an antritrust action by its former New England distributor alleging attempted monopolization of the relevant market among cardiac surgeons and major hospitals. Following the successful disqualification of plaintiff’s counsel, the matter was settled on favorable terms.
• Represented the managing partner and advantageously settled claims arising out of the dissolution of a partnership of one of the nation’s leading dealers in rare coins.
• Represented a U.S. manufacturer of specialty technology manufacturing equipment in a federal case alleging defective design and misrepresentation of the operating characteristics of a facility installed in Ireland. After a campaign of targeted discovery in the United States and various European countries directed at the purchaser’s operations and financial transactions, the case was settled on advantageous terms.
• Represented numerous corporate executives and high-profile individuals in contested and negotiated matrimonial and family matters in Massachusetts for more than 20 years, including a lengthy and highly publicized 2005 trial over the guardianship of a wealthy heiress and art benefactor.

Bar & Court Admissions

• Massachusetts, 1982
• U.S. District Court, District of Massachusetts
• U.S. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Eleventh Circuit

Publications

• "Pattern Discovery: Motor Vehicles" (3rd ed. 2005), Thompson West Group (with D. Danner)
• "Pattern Discovery: Premises Liability" (3rd ed. 2005), Thompson West Group (with D. Danner)
• "Pattern Discovery: Products Liability" (3rd ed. 2005), Thompson West Group (with D. Danner)
• "Expert Witness Checklists" (3rd ed. 2004), Thompson West Group (with D. Danner)
• "Pattern Discovery: Tort Actions" (3rd ed. 2004), Thompson West Group (with D. Danner)
• "Pattern Deposition Checklists" (4th ed. 1998), Thompson West Group (with D. Danner)
• "Pattern Discovery: Family Law" (1995), Clark Boardman Callaghan (with D. Danner)
• "The RIMS Industry and the Uniform Commercial Code," In Focus, December 1995 (published by PRISM International)
• "The Multi-Service Securities Firm and the Chinese Wall: A New Look in the Light of the Federal Securities Code," Nebraska Law Review, 1982

Speaking Engagements

• Regular speaker at conferences and seminars sponsored by, and contributor to, PRISM International (Professional Records and Information Services Management), the not-for-profit trade association for companies that provide their clients with protection, access, retention, storage and disposal of their vital information, including a keynote speaker at PRISM’s 2000 Annual Conference, its 2006 European conference and its 2007 Annual Conference.
• Mr. Varn is a regular speaker at the NFPA World Fire Safety Congress, which is held annually, including presentations in 2003 on "NFPA and the Law" (with William Matlack) in 2005 "After the Fire: NFPA In the Courtroom" and "Forensic and Legal Management of Large Loss Fire Events," and 2008 "Codes, Standards and the Courtroom" and "Records Storage Fires and SprinklerProtection and Large-Scale Fire Tests of Cartoned Paper Records in Multi-Level catwalk Storage Systems."
• Mr. Varn has made and is scheduled to make various presentations to chapters of the Society of Fire Protection Engineers on "Codes, Standards and the Law" and the International Fire Sprinkler Association in Copenhagen, Denmark in June 2008 on "Large-Scale Fire Tests of Cartoned Paper Records in Multi-Level Catwalk Storage Systems."

Awards & Honors

• Massachusetts Super Lawyers (2004, 2006, 2007)
• Volunteer of the year, PRISM International (2003)

Professional & Civic Activities

• American, Massachusetts and Boston Bar Associations
• NFPA International (alternate member of the Committee on Record Protection)
• International Association of Arson Investigators, Massachusetts and United Kingdom chapters
• Allied Professional Member, Society of Fire Protection Engineers
• Professional Member, National Fire Sprinkler Association
• Professional Member, International Code Council
• PRISM International
• Royal Over-Seas League (U.K.)
• Harvard Faculty Club

Education

• J.D., magna cum laude, Harvard Law School, 1982
• A.B., with highest distinction, University of Nebraska, 1978