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David G. Thomas

David advises on individual and corporate disputes during the entire dispute-resolution life cycle, including through strategic negotiation, mediation, other forms of alternative dispute resolution, and adjudication through trial when needed or required. David has experience with many subject matters, including unfair or deceptive business practices disputes in individual and putative class action settings, including under Massachusetts General Laws Chapter 93A—the Massachusetts Consumer Protection Act. Boston magazine selected David as a “Top Lawyer—Class Action” in 2022 and 2023. Also, David works with clients on avoiding disputes proactively by identifying and ameliorating existing or potential dispute risks in business policies and practices.

MCR Labs, Inc., a cannabis testing laboratory, sued Analytics Labs, LLC (and others) under Massachusetts General Laws Chapter 93A, Section 11 for allegedly falsely reporting elevated “THC Potency Levels” and

Continue Reading Court Distinguishes Unfair Competition from Deceptive Practices Under Massachusetts Chapter 93A

In Robles v. Selective Insurance Co. of America, 2025 U.S. Dist. LEXIS 204595 (D. Mass. Sept. 2, 2025), Magistrate Judge Hennessy issued a report and recommendation granting in part

Continue Reading Mass. Court Limits Chapter 93A Claims Against Insurers in Robles v. Selective Insurance Decision

Litigation and arbitration can be time-consuming, expensive, and emotionally draining for all concerned. Although arbitration was designed to be faster and more cost-effective than court proceedings, both are still “rights-based”

Continue Reading Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation

On Sept. 23, 2025, Judge Mark Mastroianni of the U.S. District Court for the District of Massachusetts issued a decision in Mulani v. Peter Pan Bus Lines, Inc., dismissing

Continue Reading Junk Fees, Choice of Law, and the Limits of Chapter 93A: Mulani v. Peter Pan Bus Lines, Inc.

A recent U.S. District Court for the District of Massachusetts decision sheds light on the limits of Massachusetts General Laws Chapter 93A, the state’s unfair and deceptive trade practices statute

Continue Reading Massachusetts Court Clarifies Chapter 93A Applicability to Nonprofits and Educational Institutions

The Massachusetts Attorney General issued new regulations labeled “Unfair and Deceptive Fees” that take effect on Sept. 2, 2025. We review the regulations, including their scope, what practices are deemed unfair or deceptive, and how the regulations relate to other laws, including similar laws and regulations from the Federal Trade Commission (FTC) and in other states that a business must consider when conducting business outside of Massachusetts.
Continue Reading Massachusetts Tightens Chapter 93A Consumer Protections with ‘Junk Fee’ and Negative Option Regulations