Farside, Joseph A.

Joseph A. Farside Jr.


Partner

 

Overview

Joe Farside has a multi-jurisdictional litigation and counseling practice, and he routinely appears in state and federal courts throughout the northeast in addition to proceedings involving the Federal Trade Commission (FTC), Department of Justice (DOJ) and the Environmental Protection Agency (EPA). He has deep experience in areas of antitrust, environmental, and litigation.

Representative Experience

Antitrust Experience

  • Advises clients on compliance with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ahead of mergers, acquisitions, joint ventures, and other transactions, whether strategic or financial in nature
  • Advises clients on substantive strategic merger analyses and investigations (federal and state level), including those involving a "second request" from the FTC or DOJ, and has worked on numerous high-profile and cross-border transactions, including an $8 billion merger of pharmaceutical companies, numerous telecommunications transactions, and several transactions in other industries, including cosmetics, gaming, biomedical, healthcare, pharmaceutical services, construction and mining equipment, and industrial and construction materials, with several transactions valued in excess of $1 billion
  • Advises clients in connection with non-transaction related antitrust investigations by the FTC and DOJ
  • Advises clients on compliance with substantive antitrust law concerning issues such as product distribution, discounts, bundling, tying arrangements, and "gun jumping"
  • Represents clients in antitrust litigation and represented a major bank in In re Interchange Fee and Merchant Discount Antitrust Litigation

Environmental Experience

  • Represents numerous international companies across diverse industries against claims under CERCLA and state equivalent cleanup statutes, whether direct claims brought by the government or contribution claims by private third parties arising from allegations concerning the institution’s historical waste disposal practices
  • Recently served on the Steering Committee of a joint defense group of over 90 PRPs that negotiated a settlement under CERCLA for a $40 million cleanup at a historic landfill in R.I.
  • Counsels "performing party" PRPs with respect to ongoing clean-up responsibilities at certain sites, including a historic municipal landfill
  • Represents clients in the defense of allegations of Clean Air Act and Clean Water Act violations brought by EPA and private parties
  • Defends clients in administrative proceedings relating to numerous issues, including permit compliance and responses to releases of contaminants
  • Counsels clients on permitting issues
  • Works closely with energy clients on issues relating to development and expansion of plant capacity, including but not limited to state-specific energy siting compliance and management of various project phases
  • Counsels energy and financial clients on renewable development and environmental compliance, including in connection with the Block Island Wind Farm, the nation's first operational offshore windfarm

Consumer Finance Experience

  • Ongoing representation of several top national lending and servicing institutions in defense of various types of mortgage foreclosure and other consumer finance lawsuits brought by borrowers in state and federal trial and appeals courts in Massachusetts, New Hampshire and Rhode Island
  • Ongoing multi-jurisdiction defense of multiple so-called "face-to-face" meeting cases arising under HUD regulations
  • Ongoing multi-jurisdiction defense of multiple so-called "paragraph 22" compliance cases involving impact of default notice language on borrower's awareness of ability to seek court intervention prior to a foreclosure
  • Defense of purported class action relating to servicer's obligation to automatically cancel mortgage insurance premiums for FHA-insured loans in certain circumstances
  • Defense of purported class action relating to compliance with state-specific pre-foreclosure mediation requirements
  • Defense of purported class action arising from alleged accounting errors, resulting in alleged violations of FDCPA, RESPA, TILA, and state corrollaries
  • Defense of purported class action arising from alleged servicer failure to pay recording fees in the tens of millions of dollars state-wide
  • Litigated and tried multiple loan-level cases involving common law allegations, such as breach of contract, promissory estoppel, negligent misrepresentation, and fraud allegations relating to or arising from alleged loan modification agreements, forbearance agreements, or other loss mitigation alternatives

Other Commercial Litigation Experience

  • Assisted for a number of years in the Firm's defense of an international accounting and audit firm against investor suits seeking hundreds of millions of dollars arising out of funds that invested with Bernard Madoff, involving both federal securities and state common law issues in state and federal trial and appeals courts
  • Represented clients in major construction-related cases involving breach of contract, breach of warranty, and negligent construction claims, including one that involved the construction of an articulated tug-barge at a Rhode Island shipyard and another involving claims of a Condominium Association brought against the condominium developer

Professional Affiliations and Recognitions