Owen C.J. Foster has represented companies engaged in securities litigation, complex commercial litigation and data privacy investigations in the asset management, software and pharmaceutical industries.
Mr. Foster also wrote an opinion in a federal death penalty trial as a federal judicial intern for Honorable William K. Sessions, III, Chief Judge of the U.S. District Court for the District of Vermont.
- Representation of OppenheimerFunds and Oppenheimer Acquisition Corp. in dozens of class actions alleging losses arising out of the Madoff Ponzi scheme. Mr. Foster drafted numerous jurisdictional and dispositive motions used in this case.
- Representation of a large mutual fund investment complex in a putative federal securities class action relating to disclosure of real estate securitized assets.
- Counseling various mutual funds, hedge funds and investment advisers and drafting information security programs in connection with data privacy laws, including the Gramm-Leach-Bliley Act, Regulation S-P, state breach notification statutes, the FTC Red Flags Rule and the Massachusetts data privacy regulations.
- Representation of mutual fund distributor in federal securities action alleging violations of the Investment Advisers Act and SEC Rule 38a-1.
- Drafted significant portions of summary judgment motion in successful representation of officers and directors of Owens Corning, Inc. in 1933 Securities Act suit alleging misrepresentations concerning structural subordination of $950 million in corporate bonds.
- Successful representation of a multi-national internet company in a U.S. Federal Trade Commission investigation related to data privacy issues and theft of computer data.
- Successful representation of former officers of a software company in an indemnity action against their former employer.
The University of Vermont, B.A., 2001
Columbia Law School, J.D., 2007, An editor of the American Review of International Arbitration
Recipient of the CALI Award for excellence in Legal Writing and Analysis as a first year law student
United States District Court for the District of Massachusetts
Publications and Lectures
Speaker, "Data Privacy and Theft," Dechert LLP Client Seminar, Boston, MA (February 2009) and New York (April 2009)